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Backup Documents 10/10/2006 R BCC REGULAR MEETING BACK-UP DOCUMENTS October 10, 2006 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS fit, ",-< f ..~-, \ ...~'-~."._- --.-."''''''''..... AGENDA October 1 0, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 October 10, 2006 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted w/changes - 5/0 B. September 12, 2006 - BCC/Regular Meeting Approved as presented - 5/0 C. September 13,2006 - BCC/Regular Meeting Carryover from September 12, 2006 Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Presented Advisory Committee Service Awards A. 5- Year Recipients 1) Lindy Adelstein, Collier County Planning Commission 2) Paul Midney, Collier County Planning Commission (absent) Page 2 October 10, 2006 3) Mark Strain, Collier County Planning Commission B. 25 Year Attendees 1) Harold Huber, PUED 4. PROCLAMATIONS A. Proclamation to wish Edison College great success in the upcoming Heart and MS Walks. To be accepted by a representative of Edison College. Adopted - 5/0 B. Proclamation designating October 28,2006 as NAACP Freedom Fund Day. To be accepted by Laverne Franklin and Harold Weeks. Adopted - 5/0 C. Proclamation recognizing October 10, 2006 as Put The Brakes On Fatalities Day. To be received by members of the Collier County Transportation Dept., Collier County Sheriffs Office, Naples Police Dept. and Florida Highway Patrol. Adopted - 5/0 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member Award to Lawrence M. Baytos, County Government Productivity Committee. Presented B. Report and thank you by Jeannette Showalter to the Board of County Commissioners regarding the MSBU for Naples Park Lake. (Commissioner Halas) Presented C. Presentation from the Substance Abuse Coalition of Collier County to Parks and Recreation Director Barry Williams. To be presented by Collier County Court Judge Lauren Brodie and Undersheriff Kevin Rambosk. Presented D. To recognize Allen Madsen for his exceptional performance as the on-site representative of Collier County and ambassador to the public for the Collier County/City of Naples 2006 Beach Renourishment Project. Page 3 October 10, 2006 Recognized Al Madsen E. To recognize Gary McAlpin for his exceptional leadership and management of the Collier County/City of Naples 2006 Beach Renourishment Project. Recognized Gary McAlpin 6. PUBLIC PETITIONS A. Public Petition request by Richard Gazzerro and Thomas Ramsey to discuss code violations for the Shirley Street Antique Mall. Petitioner's violation and citation is placed on hold by the Code Enforcement Board until the BCC reviews the policy and a decision is made on the policy for Naples Industrial Park and to be brought back to the November 28th BCC Meeting - Approved 5/0 B. Public petition request by Nancy Payton to discuss lobby registration and disclosure of lobbyist's clients. Review Ordinance and Minutes and bring back to the November 14th BCC Meeting - Approved 5/0 C. Public Petition request by Mr. John Swasey regarding impact fees. Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation that the Board of County Commissioners deny Petition A VESMT-2006-AR- 9918, which seeks to vacate the County's and the Publics interest in Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A. Petitioner requests to continue indefinitely - Approved 5/0 Page 4 October 10, 2006 B. This item was continued from the September 12~ 2006 BCC meetin2 and has been reQuested bv the petitioner to be further continued. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The subj ect property is generally located on the west side of Bay shore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida. Petitioner requests to continue to the December 12, 2006 BCC meeting - Approved 5/0 Continued to the October 25, 2006 BCC Meeting C. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. Staff requests continuance to October 24, 2006 - Approved 5/0 Moved from Item #17C D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-l zoning district (E-ST/WS 1) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. Ordinance 2006-47 - Adopted 5/0 Page 5 October 10, 2006 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Black Affairs Advisory Board. Resolution 2006-265 Appointing: Charles Martin - Adopted 4/0 (Commissioner Fiala out) B. Appointment of member to the Tourist Development Council. Resolution 2006-266 Appointing: Robert Miller - Adopted 4/0 (Commissioner Fiala out) C. Appointment of members to the Historical! Archaeological Preservation Board. Resolution 2006-267 Re-appointing: Sharon Kenny, William Dempsey (w/waiver) and Patricia Huff - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. This item continued from the September 26, 2006 BCC Meeting. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) Discussed B. Recommendation to Modernize and Update the County's Purchasing Policy. (Steve Carnell, Director, Purchasing) First Motion failed - 2/3(Commissioner Fiala, Commissioner Coyle and Commissioner Henning opposed); Second motion to accept staff recommendations w/o purchasing card Resolution 2006-268 Adopted w/changes - 5/0 Time Certain at 2 :00 p.m. C. Recommendation to approve and execute an Agreement for Sale and Purchase with Morande Enterprises, Inc. for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to exceed $8,570,000. (Norman Feder, Administrator, Transportation Services) Approved w/changes - 5/0 Page 6 October 10, 2006 D. Recommendation to approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $285,375 to provide operational funding for improved frequency of service on Collier Area Transits existing Red Route and to consider approval of early start-up service. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Time Certain at 3:00 p.m. E. Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies, an increase in the maximum allowable home sales price, and other changes as required by new state law and approve all necessary budget amendments. (Cormac Giblin, Housing & Grants Manager, Community Development) Resolution 2006-269 Adopted w/changes - 5/0 F. Recommendation that the Board of County Commissioners accept the recommendations of the Special Master Review Board (SMRB) to renew the contract with Brenda C. Garretson under RFP #04-3677 - Special Master Services for Collier County. (Michelle Arnold, Director, Code Enforcement) Approved w/change (will not hold meetings in the courthouse) - 5/0 G. Recommend approval of the award ofRFP # 06-4007 and corresponding Agreement between Collier County and Paradise Advertising and Marketing, Inc. for Tourism Marketing Services. (Jack Wert, Director, Tourism Department) Approved - 4/0 (Commissioner Henning out) H. This item was continued from the September 26~ 2006 BCC meetin2. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey, Administrator, Public Services) To continue and come back w/changes for review - Consensus Moved from Item #16B2 Page 7 October 10, 2006 I. Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount $120,000 Approved - 5/0 Moved from Item #16D3 J. Recommendation to waive formal competition to approve contracting with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of$183,304.25. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: Regarding updates on previously discussed items B. Jim Mudd: December BCC Meeting will be a two-day meeting C. David Weigel: Update on Affordable Housing issue D. Commissioner Henning: Concern regarding Whippoorwill Interconnection w/Green Boulevard 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/Changes A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Five. The roadway and drainage improvements will be privately maintained. Resolution 2006-260 Page 8 October 10, 2006 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Six. The roadway and drainage improvements will be privately maintained. Resolution 2006-261 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Seven. The roadway and drainage improvements will be privately maintained. Resolution 2006-262 4) Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit Three 5) Recommendation to approve for recording the final plat of Ave Maria Unit 9, Del Webb Parcels 101, 103, 104 & 105, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation that the Board of County Commissioners approve a reimbursement of a portion of the impact fees paid for Handsome Harrys Third Street Bistro, in the amount of$28,305.12, due to a change in the calculation of the impact fees applicable to the project and the resulting over-payment of impact fees and authorizing a change in policy for the assessment of impact fees for mixed use commercial buildings, consistent with the recommendations of the County's impact fee consultants and legal counsel. 7) Recommendation to approve for recording the final plat of Ave Maria Unit Two, Park of Commerce, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to affirm the approval of a United States Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and approval of the necessary budget amendments to recognize and appropriate grant revenue in the amount of$31,000. B. TRANSPORTATION SERVICES Page 9 October 10, 2006 1) Recommendation to award Bid # 06-4030 to Motorola Central Control Irrigation Supplies and Services to Contemporary Controls & Communications, Inc. and Ag- Tronix. The annual expenditures are estimated to be $250,000. Moved to Item #101 2) Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount $120,000 3) Recommendation to award Bid #06-4031 Installation and Maintenance of Traffic Signals, to Kent Technologies, Inc. and Southern Signal & Lighting. 4) Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The other signs already exist. 5) Recommendation to approve a Developer Contribution Agreement between Tousa Homes INC., collectively referred to as "Tousa, and Collier County, herein referred to as County, for the construction of a public road from Whippoorwill Lane to Livingston Road. Continued to October 24, 2006 BCC Meeting 6) Recommendation that the Board accept a donation from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of$101,821.89. C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water-Sewer District, declare the Rating Agency Presentations a valid and proper public purpose and approve the expenditure for an on-site luncheon presentation meeting in a sum not to exceed $700.00. 2) Recommendation to approve Work Order ICTSCADA-3916-MAC- 06-04 in the amount of$98,513 to McKim & Creed, P. A. under Page 10 October 10, 2006 Annual Contract 06-3916 for the South County Water Reclamation Facility SCADA Improvements, Project 73964. 3) Recommendation to approve Work Order ICTSCADA-3916-MAC- 06-05 in the amount of $90,493 to McKim & Creed, P. A. under Annual Contract 06-3916 for SCADA System Upgrades at the South County Regional Water Treatment Plant, Project 70124. 4) Recommendation to approve a Developer Contribution Agreement with DiVosta Homes, LP in the amount of$40,148.64 for installation of upsized wastewater facilities along Collier Boulevard (CR-951) from Rattlesnake Hammock Road to Sabal Palm Road, Project Number 73946. 5) Recommendation to approve Work Order QGM-FT-3290-07-01 to Q Grady Minor for the engineering services in the amount of $221,150 for the design, preparation of construction plans, and construction inspection for upgrade of four master pump stations, and two lift stations, Project 72546, and Project 73970. 6) Recommendation to approve Budget Amendment to transfer funds in the amount of$120,000 from Project 739491, South County Water Reclamation Facility (SCWRF), Expansion 2001 to Project 725321, North County Water Reclamation Facility (NCWRF) Rehabilitation. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners sign an agreement with Collier Health Services, Inc. for $235,180 ofFY 07 funds to participate as a local match for the Low Income Pool Program for services provided on behalf of the Human Services Department in order to generate an additional $324,773 in Federal matching funds to be paid directly to CHSI for services for the most medically needy in Collier County. 2) Recommendation to approve the submittal of the attached University of Florida Integrated Pest Management Program grant application to the University of Florida Institute for Food and Agricultural Science for an Urban IPM at the farmers market project totaling $3,650 and any necessary budget amendments. Page 11 October 10, 2006 Moved to Item #10J 3) Recommendation to waive formal competition to approve contracting with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of $183,304.25. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 2) Recommendation to approve the award of Bid # 06-4045 "On-Call Overhead Door and Automatic Gate Contractor for Annual Service and Repairs" to Action Automatic Door, Inc., and Garage Doors of Naples, Inc. F. COUNTY MANAGER 1) Recommend approval of Work Order No. HM-FT-3902-06-04 for Wiggins Pass Modeling Proposal and regulatory permitting as proposed by Humiston & Moore on April 11, 2006 on a Time and Material basis not to exceed $120,935 and authorize the County Manager or his designee to sign Work Order No. HM-FT-3902-06-04. 2) Recommendation to approve the Annual Technical Support and Maintenance Renewal Contract for EMS Solutions 2000 through Healthware Solutions in the amount of$29,010 for FY07. 3) Recommendation to approve a Memorandum of Agreement between the State of Florida Department of Health and Emergency Medical Services as the CHEMP ACK Cache Location for the purpose of responding to acts of chemical emergencies posing a public health CrISIS. 4) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildfire protective clothing and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $5,558. Page 12 October 10, 2006 5) Recommendation to approve Grant Agreement #07-DS-5N-09-2l-0l between the Florida Department of Community Affairs and Collier County accepting $50,591 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds 6) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement. 7) Approve Budget Amendments 8) Recommend Approval of three (3) Tourist Development C-2 Grant Applications and corresponding revised Tourism Agreements with the Childrens Museum of Naples ($175,000), Naples Art Association ($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of $325,550. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the 6th Annual Golden Key Gala - Black & White Ball on Saturday, October 21st, 2006, Naples, FL; $115.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the United Way of Collier County 2006 Campaign Recognition Breakfast at the Hilton Naples on October 11,2006. 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Foundation For Developmentally Disabled, Inc. 's Dinner and Auction on October 28, 2006 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Page 13 October 10, 2006 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physicians Led Access Network (PLAN) of Collier County on October 14, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 5) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the United Way of Collier County 2006 Campaign Recognition Breakfast on October 11,2006 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 6) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the 2007 Leadership Collier Class Round table Discussion Luncheon and is requesting reimbursement in the amount of $15.00, to be paid from his travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the League of Women Voters Luncheon on Friday, October 4th at 12:00 noon at the Collier Athletic Club; $16.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board Approval for reimbursement for attending a function serving a valid public purpose. Attend the Collier Citizen of the Year 2006 Banquet on Friday, November 10th, 2006, at The Club at The Strand; $35 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29, 2006. 10) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner Page 14 October 10, 2006 Coletta paid in advance to attend the Immokalee Chamber of Commerce Silent Auction and Dinner on September 30, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 11) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29,2006. As the Vice Chair of the Growth, Environmental Planning & Agriculture Committee, I chaired the meeting in the absence of the Chair. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Crime Prevention. 2) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. K. COUNTY ATTORNEY 1) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to six (6) Collier County Code Enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-02, and CEB 2004-14, all of which cases are entitled Board of County Commissioners, Collier County, Florida vs. Claude (or Jean Claude) Martel. 2) Recommendation to Approve a Stipulated Final Judgment in the Amount of$75,000.00 for the Acquisition of Parcels 110 and 710 in the Lawsuit Styled Collier County v. NB Holdings Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal Impact: $32,636. Page 15 October 10, 2006 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-l033-CA (CR 951, Project No. 65061) Fiscal Impact: $15,300.00. 4) Recommendation that the Board of County Commissioners Approve a Settlement Agreement and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146 and 746 in the Lawsuit Styled Collier County v. April Circle, Ltd., et aI., Case No. 04-3679- CA, Immokalee Road Project #66042. (Fiscal Impact: $116,078.50) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2006-AR-9993, by Blackstone Estates, represented by Wilson Garcia, P. E. of Q. Grady Minor & Associates, requesting a street name change from Bears Way to Acorn Way for property in Black Bear Ridge Phase 1, located within Section 34, Township 48 South, Range 26 East. Resolution 2006-263 B. This item continued from the September 26. 2006 BCC Meetin2. Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for Page 16 October 10,2006 requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. Ordinance 2006-43 Moved to Item #8D C. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates, Well field Risk Management Special Treatment Overlay Zone W-l zoning district (E-ST/WS 1) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is located at the southwest comer of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. D. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Residential Rehabilitation Program through Chapter 114 of the County's Code of Laws to reflect improved administrative procedures and organizational changes. Ordinance 2006-44 E. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down Payment Assistance Program through Chapter 114 of the County's Code of Laws to reflect improved practices and organizational changes. Ordinance 2006-45 F. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. SE-2006-AR-10283 Scrivener's Error to amend Resolution 2006-157 to reflect the correct legal description and correct zoning for the subject property located in all of Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846 (Immokalee Road), Collier County, Florida. (A conditional use for earthmining activities) Resolution 2006-264 Page 17 October 10, 2006 G. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation that the Board of County Commissioners adopt an Ordinance amending Collier County Ordinance 90-105, as amended, the Collier County Contractors' Licensing Board Ordinance. Ordinance 2006-46 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 18 October 10, 2006 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 10. 2006 Item 4C: Revisions to this Proclamation have been made with copies distributed and made available for review. (Staff's request.) Continue Item 8C to October 24.2006: Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. (Staff's request) Item 10H: Due to a scrivener's error in Section N Refund Policy of the Resolution for the P&R Facilities and Outdoor Areas License and Fee Policy, replacement pages 11-14 have been provided. Section N is being replaced in its entirety and is the only changed section. (Staff's request.) Move 16B2 to 101: Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates lake Interconnect Fleur de Lis lane, Project Number 511351 in the amount of $120,000. (Commissioner Fiala's request.) Continue Item 16B6 to October 24. 2006: Recommendation that the Board accept a donation from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of $101,821.89. (Contributor's request) Move Item 16D3 to 10J and should read (for clarification): Recommendation to waive formal competition to approve contracting with Weller Pools, Inc. to install a 32-inch diameter, 214 linear feet Aquatube Slide at a cost of $183,304.25. (Commissioner Fiala's request.) Note: Item 8A: This item requires that all participants be sworn in and ex parte disclosure be provided by the Commission members. Item 10C: Delete #8 under Recommendations in the Executive Summary which states: Waive the accruing of fines, in connection with pending Code Enforcement action CEB No. 2004-002, if and when the County acquires title to the Property. Per Staff, steps have not been taken to do an Imposition of Fines; the Code Enforcement Board would be the Board to consider waiving the fines. Also, the dollar amount shown on the agenda index is incorrect ($8,570,000). The correct dollar amount as reflected in the executive summary is $8,575,000. Time Certain Items: Item 10A to be heard at 11:00 a.m.: This item continued from the September 26, 2006 BCC Meeting. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan. (Staff's request.) Item 10C to be heard at 2:00 p.m.: Recommendation to approve and execute an Agreement for Sale and Purchase with Morande Enterprise, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to exceed $8,575,000. (Staff's request.) Item 10E to be heard at 3:00 p.m.: Recommendation to approve an amendment to the local Housing Assistance (lHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies, an increase in the maximum allowable home sales price, and other changes as required by new state law and approve all necessary budget amendments. (Staff's request.) 44 PROCLAMA rrON WHEREAS, through the efforts of several campus Student Leadership Organizations, including the Student Government Association, The Edison College Chapter of the Phi Theta Kappa International Honors Society and The National Multiple Sclerosis Society- Edison College Internship Program, Edison College makes a unique contribution to the health of non-profit organizations in Collier County: and, WHEREAS, Student Leadership Organizations have created a trodition of community involvement for the entire Edison College community. In the fall of each year, Edison College takes part in the Heart Walk. In 2004, Edison College had the largest new Walk Team at the Heart Walk. In 2005, Edison College had the largest Walk Team at the Heart Walk. Similarly, in the spring of each year, Edison College takes part in the MS Walk. For the past two years (2005 and 2006) Edison College has had the largest MS Walk Team in the state of Florida!! Present here today to honor Edison College and these Student Leadership Organizations are the SW Florida representatives of the American Heart Association and the National Multiple Sclerosis Society: and, WHEREAS, Edison College is very much a part of the ftlbric of Collier County. The work of theu EdiSfHI College Student Leadership Organizations in organizing the Edison Collegf!l ftlCUlty, staff , and student body to participate in the Heart Walk and .+IS Walk makes a direct ctl/7tribution to the financial health of these non- profit organizations in Collier County. Of equal impol'ttlnce, recognizing tlttlt Edist1/7 CfJ/lege Ittls a central role in trtlilling the emergent letldership of Collier County, this tradition of involvement with non-profit organizations exposes Edison CfJ/!ege students to the unique role that non-profit organizations play in American life: and, WHEREAS, finally, sitting with the members of the !Jqard of Collier Cwnty Commissioners today is the ''Edist1/7 College Walks Mascot." This "Ctlt-in-the-hat" look-alike was Mmed ''Chance'' by Edison College students, indic.tlting that helping non- profits was giving others 0 needed chance. He ht1s 1M." carried by Edison Students in tlll trI the Heart Walks and MS Willks: anti, WHEREAS, the Boord of Collier ClHIIIty CD/tImissioners at this time both acknowledges the ongoing contribution of Edistln College to oUl' cfill1l/nunity, and returns the Edison College Walks Moscot ''ChllllCe'' to those gathered here today from Edison College to escort him back to the campus for the kickoff of the Edison College 2006 Heart Walk efforts. NOW THEREFORE, be it proclaimed that the Board of County Commissioners of Collier County, Florida, wish Edison College great success in the upcoming Heart and .+IS Walks. DONE AND ORDERED THIS 10th Day of October, 2006. BOARD OF COl.lNTY COMMISSIONERS COLLIER COl.lNTY, FLORIDA FRANK HALAS, CHAIRMAN .....;.-- i ,., .:- ........_.__."..._. _...," ~~. - 48 PROCLAMA TION WHEREAS, The National Association of the Advancement of Colored People Freedom (NAACP), will hold its twenty-fourth Freedom Fund Banquet and Awards Ceremony on Saturday, October 28, 2006, at the Elks Lodge; and, WHEREAS, proceeds of this event wi'll be used to ensure that economical, political, educational and social equality remain strong within our community; and, WHEREAS, the public is invited to attend and share in this celebration of freedom for all. NOW THEREFORE, be it proclaimed by the Board of COUIIty Commissioners ofCtJllier County, Florida that October 28, 2006, be designated as NAACP FREEDOM FUND DAY DONE AND ORDERED THIS 10th day of October, 2006. BOARD OF COVNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ..::,,-,--.:'_~ - ~,_.-;;p;IIr'..-,.::"" ".'- .. ~~ J' n-_>_.._~__.._. FRANK HALAS, CHAIRMAN A TrEST: / / PROCLAMA TION 4C :0...., ~- WHEREAS, traffic crashes in the U. S. cause more than 42,000 fatalities each year and are the leading cause of death for people ages 6 to 33; and, WHEREAS, nationally, nearly 300 chIldren under 5 years old who were kl'lled in motor vehicle crashes in 1999 were totally unrestrained; and, alcohol- related crashes account for 38 percent of all traffic fatalities,' and, WHEREAS, poor road conditions and obsolete designs contribute to more than 15,000 highway deaths annually,' and, WHEREAS, deaths and injuries on U.S. highways cost society over $150 billion annually; and, WHEREAS, in Collier County 55 people were kIlled in crashes on our roadways in 2005, eight of those were either pedestrians or bicyclists,' 17 of those that died were in alcohol related crashes; and another 2,388 people were seriously injured in 2,912 rt1ported crashes; and, WHEREAS, safer driving behl1Viors StICh Q$ the use of seat belts, not drinking and driving and obeying traffic laws would dramatiCl!llly reduce the number of traffic-related injuries and deaths,' and, WHEREAS, the use of cost-effective roadway safety illlprOf4YlJents such as all- weather markings, skid resistant pavements and f'emtJVtlI of roadside hazards could also greatly reduce the number of traffic crashes; and, WHEREAS, the continued development of safer vehicles andptYlteetive traffic safety ef,/fll"pInent such as helmets will enhance ptIDpIe s ability to protect themselves and their famIlies from preventable and tragic permanent injuries and deaths. NOW THEREFORE, be it proclailll<<l by the Board of County Commissioners of Collier County, Florido, that ~tober JO, 2006, be designated as PUT THE BRAKES ON FATALITIES DAye and call upon everyone to help save lives by spreading these important messages throughout our communities. DONE AND ORDERED THIS 10th Day of October, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: .~ .--" __~",.... ........- ... i' . . ,.....~,/ ~- .' /' 'j'. '-/:/ -- /(._-~ ---- ." -/FRANK HALAS, CHAIRMAN ll'" s,....~ / ',i" 8' it.'. I . , COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) ****************************************************************************************************1**t* Originating Dept/ Div: Comm.Dev.Serv./Planning ~~,~E:.~- Person: Jtl~...l ~ol,)tci~wo\Lf \:\ Date: q \ ~ Olo 'N.~ Petition No. (If none, give brief description): A.'I/ f:.. <;;;, W\ T" "2.. t>O ~ - A~ '1C'\. \ CO Petitioner: (Name & Address): t/Ar-U>E.'ij., \l,L., ~N.,~, A-ie. l-\()\cl~ ~> - L..t"~ . 1$ So. '511-1 Q..'(. ~u:~~ '\~O ttl iI.A1I....(lo"~ 0\;./ 1A'tN./ $~ .:(o~ Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) :Dl,J)l~ AA~(AO, '\LWA. 1..N.c,.. Hearing before BCC / BZA lol'l>lo'IG Other Requested Hearing date: Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used: (Complete only if important): ~aPles Daily News Other Legally Required Proposed Text: (Include lee:al description & common location & Size): Does Petition Fee include advertising cost? XX Yes 113-138312-649110 Reviewed by: ~ ~-~ i ~ion No If Yes, what account should be charged for advertising costs: Approved by: Date County Manager DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Clerk's Office Requesting Division Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received: ~Date of Public hearing: IDfl 0 fnboare Advertised Or L &rlf l i) b + to \ \ 0\0 , 8 A RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER AVESMT-2006- AR9918, SEEKING THE VACATION OF THE COUNTY'S AND THE PUBLIC'S INTEREST IN GULF SHORE COURT AND A PORTION OF CENTER STREET ACCORDING TO THE PLAT OF "VANDERBILT BEACH CENTER" AS RECORDED AT PLAT BOOK 3, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, R W A, Inc., as agent for the petitioners, Vanderbilt Real Estate Holdings, Ltd., has requested the vacation of Gulf Shore Court and a portion of Center Street, according to the plat of "Vanderbilt Beach Center" as recorded in Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit "A"; and WHEREAS, the Board of County Commissioner has this day held a public hearing to consider vacating Gulf Shore Court and a portion of Center Street according to the plat of "Vanderbilt Beach Center," and notice of said public hearing to vacate was given as required by law; and WHEREAS, the Board of County Commissioners has found as a matter of fact that satisfactory provisions and arrangements have not been made concerning all applicable matters required to disclaim, renounce and vacate the County's and the public's interest in Gulf Shore Court and a portion of Center Street for the reasons set forth in the record of the proceedings before the Board, including, but not limited to, the petitioner's failure to obtain letters of no objection from all adjacent property owners; that the resultant "half street" would violate Subsection 6.06.01(L) of the Collier County Land Development Code; and that the general public welfare would not benefit from this proposed vacation; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. For the reasons set forth above, Petition Number A VESMT-2006-AR9918, Vanderbilt Real Estate Holdings, Ltd., applicant, represented by RW A, Inc., with regard to the vacation of the County's and the public's interest in Gulf Shore Page 1 of2 A Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, is in all respects DENIED. 2. This Resolution relating to Petition Number A VESMT-2006-AR9918 shall be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote favoring same this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, CHAIRMAN , Deputy Clerk App lega Page 2 of2 ~-f~~_'_~i?{ji>i:4i~~i.h;~~:4~;~'~~-t_:d<"i\t;:.~;~_~;?),~::~;'.-:-_-i ~ , . .....A if ,~.~. ,,""', !.XI-\\ ~IT :h;i,/~-Xj~U; ;,%",~::~,}_:'%hj:;Bfj>;;<, -,J%;;,;; ii;;;:;,dR;",da:ii",_, -/;ti':;--~ -'~ A' Jz -S~:d", 'h;>-i;;~~i/;J;MV[i_~ig:Hi~~i!:t@j/;_~;a; r).>ii~ i, r 8 lc EXECUTIVE SUMMARY Recommendation that the Board of County Commissioner deny Petition A VESMT2006- AR-9918, which seeks to vacate the County's and the Public's interest in Gulf Shore Court and a portion of Center Street, according to the plat of "Vanderbilt Beach Center," as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit "A." OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution denying Petition A VEMT2006-AR-99 1 8, which seeks to vacate Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded in Plat Book 3, Page 16, Public Records of Collier County, Florida. CONSIDERATIONS: This matter appears to have a long and involved history. - Vanderbilt Properties, Inc. ("Owner") owns a number of parcels located across the street from the new County parking facility on Vanderbilt Beach Road. A Collier County Property Assessor aerial map is attached showing the property. - The Owner is desirous of redeveloping the property. Their proposed development plan requires the vacation of portions of Collier County right-of-way known as Center Street and Gulf Shore Court. - These rights-of-way were acquired in 1954 by plat dedication to the public, as part of a subdivision known as "Vanderbilt Beach Center" (Plat Book 3, Page 16). - A letter dated March 23, 2005 (copy attached) to the Owner, jointly signed by Marla Ramsey, Norman Feder and Joseph Schmitt, stated in relevant part as follows: "With respect to the referenced property, which is related to the proposed Parking Lease Agreement, please be advised that Collier County's Transportation Department will assist you in its best efforts in the road vacation process...It is understood that all of the subject road is to be vacated with no remainder under county control.. .Furthermore, Collier County's Community Development Services will make review of the Site Development Plans (SDP) process for this property a priority." - At a Board hearing on April 26 2005, a Lease Agreement was entered into between the Owner and the County (Agenda Item No. 16Dl) in which the owner, "in community-minded spirit" and at no rent, leased a portion of its property to the County as a temporary parking area for beach goers and to provide a staging area for the construction company building the new County parking garage. Neither the Agreement nor the accompanying Executive Summary mentioned the proposed road vacation or the expedited review process. County staff's position is that the Owner did not provide the stabilized parking area promised in the Agreement. - Collier County Resolution 2006-160 sets forth the current policy and procedure for vacating a road right-of-way. An essential requirement in this process is a letter of no objection from each of the adjacent property owners. The Owner of the DaRuMa restaurant, which fronts 'A ~ Center Street, has long opposed this vacation. In an apparent effort to avoid this issue, the Owner has requested that only half of that portion of Center Street which fronts the DaRuMa Restaurant be vacated. Section 6.06.01(L) of Collier County Land Development Code (copy attached), however, specifically prohibits a half or partial street except under limited circumstances, none of which are applicable in this situation. - A Petition to Vacate was submitted to the County by RW A, Inc., as agent for the Owner. Staff believes that the Petition is defective as (1) it failed to include the required Letter of No Objection from the owner of the DaRuMa Restaurant; and (2) it seeks the vacation of a half-street. - The procedure for vacating County right-of-way is set forth by Florida Statute, as supplemented by written County Policy and Procedure, a copy of which is included as part of this package. The procedure is not set forth in either the Collier County Code of Laws and Ordinances or Land Development Code. Accordingly, for staff to simply reject the Petition to Vacate would leave the Owner with no defined appeal process. Given the importance of this matter to the Owner, the County, and to at least one adjacent property, staff is bringing this issue to the Board for its consideration by this Executive Summary. Synopsis of Law of Vacation of Public Right-Of-Way Florida Statutes 9336.09 provides that County Commissioners, at a public hearing, "with respect to property under their control may in their own discretion.. .upon petition of any person or persons, are hereby authorized and empowered to.. .renounce and disclaim any right of the county and the public in and to land.. . delineated on any recorded map or plat as a street, alleyway, road or highway." Right-of-way acquired by dedication to the public by plat is not owned in fee by the County; it is instead an easement. Accordingly, following the vacation of a public right-of-way acquired by plat dedication, the easement is extinguished, and the abutting property owners would then have the unencumbered fee title up to the center of the former right- of-way. The Attorney General has opined (AG 78-118) that "if the general public is using the roads and streets in question (including public service vehicles such as garbage trucks, police, fire, or emergency vehicles), then the county should not close or vacate the roads or streets in question if such vacation would be injurious to the public welfare or violate individual property rights. .. Hence, absent a determination by the county commission that the general public welfare would benefit from vacation, it should not be accomplished, and in any event, the roads or streets can be vacated only in accordance with the statute..." The Attorney General further noted that "a right of access to one's own property is a property right. Hence, an abutting fee owner may be entitled to compensation from a public body when it closes or vacates a public street for the consequent loss of such access on the theory that a property right has been taken without compensation. " Accordingly, should the Board decide to grant the petition to vacate, consideration should be given to doing so by (1) vacating all of Center Street, which avoids the LDC half-street issue, and (2) requiring as a condition to such consent, that the Petitioner agree to first enter into a hold .11. ~: harmless agreement with the County, drafted by the County Attorney, which would indemnify Collier County against any claims made in connection with the requested vacation. FISCAL IMPACT: Engineering Services has collected the required $1,000.00 "Petition to Vacate" fee from the petitioner. Although there would be no fiscal impact associated with this Executive Summary, staff has estimated the fair market value of the subject right-of-way at $1,135,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The attached Resolutions were prepared and approved by the Office of the County Attorney. RECOMMENDATIONS: That the Board of County Commissioner adopts the attached Resolution denying Petition A VESMT2006-AR-99 1 8 for the reasons outlined above. PREPARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney O'XTA1NC CONSULTI:"J(, ~ '"' , .L ..... . Planning . Visualization .Civil Engineering . Surveying & Mapping October 11,2005 Rick Grigg, PSM Collier County Planning Services Dept. 2800 North Horseshoe Drive Naples, FL 34104 SubjectVanderbilt C-3 Road Right-of-Way Vacation Dear Rick, The following are the addresses to the property owners within 250 feet of the Road Right-of-Way to be vacated as required by Collier County: Vanderbilt Beach Center Block A. Lots 3-10 Henry & Judith Dugan 260 Sharwood Drive Naples, FL 34110-5722 Vanderbilt Beach Center Block B. Lots 1-2. 7-17. 20 & 21 Vanderbilt Beach Center Block D. Lots 11-20 Vanderbilt Real Estate Attn: Susan Hanson 15 South 5th Street, Suite 900 Minneapolis, MN 55402-1060 Vanderbilt Beach Center. Block B. Lot 33-38 *Client* Vanderbilt Beach Center. Block C. Lot 1-18 Vanderbilt Properties, Inc. Attn: Susan Hanson 15 South 5th Street, Suite 900 Minneapolis, MN 55402-1060 Vanderbilt Beach Center. Block B. Lot 3 & 4 Robert E. Doyle, Jr. - Trustee TA DTD 09-24-97 Attn: Attn: Susan Hanson 15 South 5th Street, Suite 900 Minneapolis, MN 55402-1060 6610 Willow Park Drive, Suite 200, Naples, Florida 34109. (239) 597-0575, fax: (239) 597-0578 www.consult-rwa.com 8A .... RWA1M " · 8 A Vanderbilt Beach Center, Block B, Lot 5 & 6 Suzanne Howard - Trustee Attn: Susan Hanson 15 South 5th Street, Suite 900 Minneapolis, MN 55402-1060 Vanderbilt Beach Center, Block B, Lot 20-32 Lin Huei-Yi Chang 2374 Turnberry Ct. Naples, FL 34109-3371 Vanderbilt Beach Center, Block D, Lot 1-4 Timothy G. Hains - Trustee Pelican Trust UTD 04-17-97 15 South 5th Street, Suite 900 Minneapolis, MN 55402-1060 Vanderbilt Beach Center, Block D, Lot 5 & 6 Donald & Mary Corcelli 290 Ibis Street Ft. Myers Beach, FL 33931-4518 Vanderbilt Beach Center, Block A, South 18.5 ft of Lot 50 & all of Lots 51-54 Premier Properties of Southwest Florida, Inc. 4300 Gulfshore Blvd. North Suite 100 Naples, FL 34103-2243 RWA'NC ................................................................................................... Condominiums Palms Condominium Vanderbilt Beach Center Block B.. Lots 15-19 Contact Info: Gleb M. McFaUer 3150 Safe Harbour Drive Naples, FL 34117 Gulfview Condominium Units 1-4 Vanderbilt Beach Center. Block D.. Lots 7-10 Contact Info: Jeff M. NovaU, Esq. 821 Fifth Avenue South Suite 201 Naples, FL 34102 Vanderbilt Palms Condominium, Apts 101-112, 114-115,201-212,214-215 Vanderbilt Beach Center Block B.. Lots 11-14 Contact Info: Gleb M. M cF aUer 3150 Safe Harbour Drive Naples, FL 34117 Barefoot Pelican Condominium Vanderbilt Beach Center Block A.. Lots 37-45 Contact Info: Steven P. Hart Collier Financial Inc. 4985 Tamiami Trail East Naples, FL 34113 The Little Mermaid Condominium Units 1-6 Contact Info: Mary L. Bianchi 181 South Bay Unit #3 Naples, FL 34108 ~ 8, t. Details Page 1 of 1 - Current Ownership Property Addressll9180 GULF SHORE DR w-... r 8 ,;~ " ;.: Folio No.1179120080009 Mal211 Owner Namell DUGAN, HENRY C=& JUDITH A Addresses 260 SHARWOOD DR City NAPLES I Statell FL ZiPll34110 -5722 Legalll VANDERBILT BCH CENTER BLK A I LOTS 3 + 4 Section 32 Township 48 Range 25 Acres 0.17 Strap No. 681700 A 33A32 -t Mi1Iue 13,3115 Sub No. -t Use Code 681700 21 II VANDERBILT BEACH CENTER II IMPROVED COMMERCIAL 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll $ 262,500.00 $ 83,058.00 $ 345,558.00 $ 0.00 $ 345,558.00 $ 0.00 (=) Taxable Value $ 345,558.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Land Value (+) 1m roved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value Amount I $ 150,000.00 I Book - Page 2585.-.3073 - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F olioID=0000079120080009 5/12/2005 Details Page 1 of 1 J1 - Current Ownership Folio No.1179120120008 Map II Property Address II 9140 GULF SHORE DR Owner Name DUGAN, HENRY C=& JUDITH A Addresses LIGHTHOUSE INN 9140 GULF SHORE DR cityll NAPLES State II FL zipll34108 - 2006 legall' VANDERBILT BCH CENTER BlK A I LOTS 5 + 6 OR 770 PG 1031 Section 32 Township 48 Range 25 Acres 0.17 Map No. 3A32 Strap No. 681700 A 53A32 -1l Millage Area 174 -1l MJ.Jli!D 13.3115 Sub No. -1l Use Code 681700 39 II VANDERBILT BEACH CENTER II IMPROVED COMMERCIAL 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 258,545.00 II Date Book - Page Amount (+) Improved Value $ 191,232.00 (=) Market Value $ 449,777.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 449,777.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 449,777.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetail.asp?F olioID=0000079120 120008 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179120160000 Map II Property Addressll NO SITE ADDRESS Owner Namell DUGAN, HENRY C=& JUDITH A Addresses USE INN 9140 GULF SHORE DR NAPLES I fa State II FL ZIpl134108 - 2006 Legal VANDERBILT BCH CENTER BLK A LOTS 7-9 OR 770 PG 1031 Section Township Range Acres 32 48 25 0.24 Sub No. 681700 VANDERBILT BEACH CENTER .If] Use Code 0 VACANT RESIDENTIAL Map No. 3A32 Strap No. 681700 A 73A32 .If] Millage Area 174 .If] Millag.e 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 361,725.00 (+) Improved Value $ 0.00 (=) Market Value $ 361,725.00 Book - Page Amount Date I (-I SOH Exempt Value II $ 0.00 I I (=) Assessed Value II $ 361,725.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 361,725.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F 0 lioID=0000079120 160000 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1! 79120200009 Map II Property Addressll NO SITE ADDRESS Owner Namell DUGAN, HENRY C=& JUDITH A Addressesl! LIGHTHOUSE INN 19140 GULF SHORE DR cityll NAPLES II .;; State II FL zipl134108 - 2006 Legal\! VANDERBILT BCH CENTER BLK A I LOT 10 OR 770 PG 1031 Township 48 Acres 0.06 Section 32 Range 25 Map No. 3A32 Strap No. 681700 A 103A32 Sub No. --fl Use Code 681700 7 I VANDERBiLT BEACH CENTER I RET. HOMES & MISC. RESIDENCES --fl Millage Area 174 --fl MiJJ.age 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 87,500.00 (+) Improved Value $ 10,598.00 (=) Market Value $ 98,098.00 (-j SOH Exempt Value $ 0,00 (=) Assessed Value $ 98,098,00 (-j Homestead $ 0.00 (=j Taxable Value $ 98,098.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Book - Page Amount Date - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=0000079120200009 5/12/2005 Details Page I of 1 - Current Ownership Folio No.1179120840003 Milp II Property Addressll SOUTHBAY DR Owner Namell VANDERBILT REAL ESTATE Addresses I HOLDINGS L TD I % SUSAN HANSON 115 S 5TH ST STE 900 cityll MINNEAPOLIS II 8A State II MN ziPl155402 -1060 Legal VANDERBILT BCH CENTER BLK B LOTS 1 + 2 Township 48 Section 32 Acres 0.14 Map No. 3A32 Strap No. 681700 B 13A32 Sub No. ..Ifl Use Code 681700 10 VANDERBILT BEACH CENTER VACANT COMMERCIAL ..Ifl Mi!IMe 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 198,208.00 (+) Improved Value $ 0.00 (=) Market Value $ 198,208.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 198,208.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 198,208.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 2351 - 822 2207 - 2195 2154-1610 2128 - 2145 Amount $ 2,205,000.00 $ 0.00 I $1,762,000.00 I $ 90,000.00 I - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?F 0 lioID=0000079120840003 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179120960006 M.lulll Property Addressll SOUTH BAY DR ... Owner Name VANDERBILT REAL ESTATE Addresses OLDINGs L TO UsAN HANSON 15 S 5TH ST STE 900 cityll MINNEAPOLIS II State~ MN zipll 55402 - 1060 Legalll VANDERBILT BCH CENTER BLK B I LOTS 7 THRU 10 681700 10 Acres 0.23 Map No. 3A32 Strap No. 681700 B 73A32 Section 32 Township 48 Sub No. -t Use Code VANDERBILT BEACH CENTER VACANT COMMERCIAL -t~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 320,000.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 320,000.00 I (-j SOH Exempt Value $ 0.00 II 06/1994 II 1955 - 1119 (=j Assessed Value $ 320,000.00 I (-j Homestead and other Exempt Value $ 0.00 I (=j Taxable Value II $ 320,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. I Date Book - PaQe Amount I 10/1997 2351 . 824 $ 245,000.00 I 03/1996 I 2154 - 1654 $ 110,000.00 $ 0.00 I - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetai 1. asp ?F olioID=0000079120960006 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179120280003 MaJ111 Property Addressll179 SOUTHBAY DR Owner Namell VANDERBILT REAL ESTATE Addresses I HOLDINGS L TO % SUSAN HANSON STE 900 City MINNEAPOLIS State I MN ZIP1155402 - 1060 Legall' VANDERBILT BCH CENTER BlK A , LOTS 11-17 Township 48 Acres 0.38 Map No. 3A32 Strap No. 681700 A 133A32 681700 20 VANDERBILT BEACH CENTER IMPROVED COMMERCIAL --t~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 581,875.00 I I (+) Improved Value $ 277,726.00 I , (=) Market Value $ 859,601.00 I , (-j SOH Exempt Value $ 0.00 I , (=) Assessed Value $ 859,601.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 859,601.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Book - Page I Amount I 10/1997 2351 - 822 I $ 2,205,000.00 I 07/1996 2207 - 2195 I $ 0.00 I 03/1996 2154-1610 $ 1,762,000.00 I 12/1995 2128 -2145 $ 90,000.00 I - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F olio ID=00000791202 80003 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1I79120400003 Map II Property Addressll SOUTH BAY DR BA Owner Name VANDERBILT REAL ESTATE Addresses LDINGS L TO I % SUSAN HANSON 115 S 5TH ST STE 900 cityll MINNEAPOLIS II Statell MN ZIP~ 55402 - 1060 Legalll VANDERBILT BCH CENTER BLK A I LOTS 20 + 21 Section 32 Township 48 Acres 0.07 Map No. 3A32 Strap No. 681700 A 203A32 Sub No. -'tJ Use Code 681700 10 I VANDERBILT BEACH CENTER I VACANT COMMERCIAL 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 113,750.00 I I (+) Improved Value II $ 0.00 I I (=1 Market Value II $113,750.00 I I (-) SOH Exempt Value II $ 0.00 I I (=) Assessed Value II $ 113,750.00 I I (-I Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 113,750.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. I Date Book - Paae Amount I 10/1997 2351 - 824 $ 245,000.00 I 03 /1996 I 2154 -1653 $ 78,000.00 - The Information is Updated Weekly. http://www.collierappraiser. comJRecordDetail.asp?F olioID=0000079120400003 5/12/2005 Details Page I of I ~, - Current Ownership Folio NO.1179122480005 Mi!.J211 Property Addressll155 VANDERBILT BEAC RD Owner Namell VANDERBILT REAL ESTATE Addresses HOLDINGS L TO 15 S 5TH ST STE 920 City MINNEAPOLIS II .~-.. I I I I I I I I I I I State II MN Zipll55402 -1060 Legal\1 VANDERBILT BCH CTR BLK D LOT 111,12&13 Section Township Range Acres II Map No. Strap No. 32 48 25 0.16 II 3A32 681700 0 113A32 Sub No. 681700 II VANDERBILT BEACH CENTER II -1J Millage Area -1J~ -1J Use Code 11 II IMPROVED COMMERCIAL II 164 13,3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 217,344,00 I Book - Page Amount I (+) Improved Value $ 58,653.00 I 261.3 - 3313 $ 500,000.00 I (=) Market Value $ 275,997.00 I I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 275,997.00 (-j Homestead and other Exe $ 0.00 (=) Taxable Value $ 275,997.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, IIIIIIII The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?F 0 lioID=0000079 122480005 5/12/2005 Details Page 1 of 1 f - Current Ownership Folio No.1179122600005 MaJlll Property Addressll GULF SHORE CT Owner Namell VANDERBILT REAL ESTATE Addresses HOLDINGS L TD N 15 S 5TH ST STE 900 MINNEAPOLIS I State II MN ZIpl155402 - 1060 Legal VANDERBILT BCH CENTER BLK D LOTS 14-16 Section 32 Acres 0.21 Map No. 3A32 Strap No. 681700 D 143A32 Sub No. -t Use Code 681700 10 I VANDERBILT BEACH CENTER I VACANT COMMERCIAL -t Millage Area 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 288,288.00 I Date Book - Page Amount (+) Improved Value $ 0.00 10/1997 2351 - 822 $ 2,205,000.00 (=) Market Value $ 288,288.00 07/1996 2207 - 2195 $ 0.00 (-J SOH Exempt Value $ 0.00 03/1996 2154-1610 $ 1,762,000.00 (=) Assessed Value $ 288,288.00 12/1995 2128- 2145 $ 90,000.00 H Homestead and other Exempt Value $ 0.00 {=J Taxable Value $ 288,288.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. IIIIIIIII The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai 1. asp?F olioID=0000079122600005 5/12/2005 Details Page 1 of 1 IIIIIIII Current Ownership Folio No.1179122640007 MAA II Property Addressll GULF SHORE CT Owner Name VANDERBilT REAL ESTATE Addresses NGS l TD ANSON 15 S 5TH ST STE 900 cityll MINNEAPOLIS II State II MN Zipll55402 -1060 Legal VANDERBilT BCH CENTER BlK D LOTS 17-20 Section 32 Township 48 Range 25 Acres 0.26 Map No. 3A32 Strap No. 681700 D 173A32 Sub No. -1J Use Code 681700 10 VANDERBilT BEACH CENTER VACANT COMMERCIAL -1J Millage Area 164 -1J~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 365,920.00 II Date Book - Page Amount I (+) Improved Value II $ 0.00 I I (=) Market Value I $ 365,920.00 I I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 365,920.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 365,920.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. I 10 J 1997 I 2351 - 822 $ 2,205,000.00 07 J 1996 2207 - 2195 $ 0.00 03 J 1996 2154 - 1610 $ 1,762,000.00 12 J 1995 2128 - 2145 $ 90,000.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F 0 lioID=0000079122640007 5/12/2005 Details ~ CII~AJ-r~ - Current Ownership Folio No.1179121560007 M.ap II Property Addressll CENTER ST Page 1 of 1 .- (, 8 Owner Name VANDERBILT PROPERTIES INC Addresses SON 15 S 5TH ST STE 900 Cityll MINNEAPOLIS II State II MN zipll55402 - 1060 Legalll VANDERBILT BCH CENTER BLK B I LOT 38 Section 32 Township 48 Range 25 Acres 0.04 Map No. 3A32 Strap No. 681700 B 383A32 Sub No. --t Use Code 681700 10 VANDERBILT BEACH CENTER VACANT COMMERCIAL --t Millage Area 164 -t Milla9.e 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 55,552.00 I Book - Page (+) Improved Value $ 0.00 I 2402 - 1799 (=) Market Value $ 55,552.00 I 2269 - 4 I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 55,552.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 55,552.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount I $ 2,000,000.00 I $ 0.00 I - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F olioID=00000791215 60007 5/12/2005 Details IIIIIIII Current Ownership Folio No.1179121520005 Map II Property Addressll CENTER ST Page I of I .". po ~~ 1 Owner Name VANDERBILT PROPERTIES INC SAN HANSON 5TH ST STE 900 City MINNEAPOLIS State I MN ZIpl155402 -1060 Legalll VANDERBILT BCH CENTER BLK B I LOT 37 Section Township Range Acres 32 48 25 0.04 Sub No. 681700 VANDERBIL T BEACH CENTER -.IjlJ Use Code 10 VACANT COMMERCIAL Map No. 3A32 -.IjlJ Millage Area 164 Strap No. 681700 B 373A32 -.IjlJ~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 58,496.00 I Book - Page (+) Improved Value $ 0.00 I 2402 - 1799 (=1 Market Value $ 58,496.00 I 2269 - 4 (-I SOH Exempt Value $ 0.00 I (=1 Assessed Value $ 58,496.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value II $ 58,496.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000079121520005 Amount $ 2,000,000.00 $ 0.00 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179121480006 M<I-nll Property Addressll CENTER ST Owner Namell VANDERBILT PROPERTIES INC Addresses I % SUSAN HANSON 15 S 5TH ST STE 900 City INNEAPOLlS State I MN Zip II 55402 -1060 Legalll VANDERBILT BCH CENTER BLK B I LOT 36 Section 32 Township 48 Range 25 Acres 0.04 Map No. 3A32 Strap No. 681700 B 363A32 Sub No. .It) Use Code 681700 10 I VANDERBILT BEACH CENTER I VACANT COMMERCIAL .It) Millage Area 164 .It) ~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book - Page 2402 - 1799 2269 - 4 Amount $ 2,000,000.00 $ 0.00 I Land Value $ 60,320.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 60,320.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 60,320.00 I (-j Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 60,320.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, - The Information is Updated Weekly. http://www .collierappraiser.comJRecordDetail.asp?F olioID=0000079121480006 5/12/2005 Details Page 1 of 1 - Current Ownership Folio NO.1179121440004 .M.aJ211 Property Addressll CENTER ST 8A Owner Name VANDERBilT PROPERTIES INC I Addresses % SUSAN HANSON I 115 S 5TH ST STE 900 I cityll MINNEAPOLIS Statell MN ziPll55402 -1060 Legal VANDERBILT BCH CENTER BlK B LOT 35 Section 32 Township Range Acres Map No. Strap No. 48 25 0.04 3A32 681700 B 353A32 681700 I VANDERBilT BEACH CENTER JO Millage Area JO~ 10 I VACANT COMMERCIAL 164 13.3115 Use Code 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value II $ 62,112.00 I Book - Page (+) Improved Value II $ 0.00 I 2402 - 1799 (=) Market Value II $ 62,112.00 I 2269 .4 (-) SOH Exempt Value II $ 0,00 I (=) Assessed Value II $ 62,112.00 I (-j Homestead and other Exempt Value II $ 0.00 I (=) Taxable Value II $ 62,112.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 2,000,000.00 $ 0.00 - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetai1.asp?F olioID=0000079121440004 5/12/2005 Detai Is Page 1 of 1 - Current Ownership Folio No.1179121400002 M.Ul II Property Addressll CENTER ST Owner Namell VANDERBILT PROPERTIES INC Addresses % SUSAN HANSON 15 S 5TH ST STE 900 City MINNEAPOLIS II State II MN ZIpl155402 -1060 I I I I I I I Legalll VANDERBILT BCH CENTER BLK B I LOT 34 Section Township Range Acres 32 48 25 0.05 Sub No. 681700 VANDERBILT BEACH CENTER .ItJ Use Code 10 VACANT COMMERCIAL Map No. 3A32 Strap No. 681700 B 343A32 .ItJ Millage Area 164 .ItJ ~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 63,968.00 II (+) Improved Value $ 0.00 I (=) Market Value $ 63,968.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 63,968.00 (-) Homestead and ot $ 0.00 (=) Taxable Value $ 63,968.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Amount I $ 2,000,000.00 $ 0.00 Date 03/1998 01/1997 Book - Page 2402 - 1799 2269 - 4 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp?F olioID=0000079121400002 5/12/2005 Details Page 1 of 1 -- Current Ownership Folio No.1179121360003 M.al211 Property Addressll CENTER ST Owner Namell VANDERBILT PROPERTIES INC Addressesll % SUSAN HANSON 115 S 5TH ST STE 900 C ity II MINNEAPOLIS II statell MN zipl155402 - 1060 Legalll VANDERBILT BCH CENTER BLK B I LOT 33 Section Township Range Acres 32 48 25 0.05 Sub No. 681700 I VANDERBILT BEACH CENTER -t Use Code 10 I VACANT COMMERCIAL Map No. 3A32 Strap No. 681700 B 333A32 -t Millage Area 164 -t~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Date Book - Page Amount 03 J 1998 2402 -J799 $ 2,000,000.00 01 J 1997 2.269 - 4 $ 0.00 Land Value $ 65,760.00 (+) Improved Value $ 0.00 (=) Market Value $ 65,760.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 65,760.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 65,760.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=00000791213 60003 5/1212005 Details ~ ~ Page ~,ora A - Current Ownership Folio No.1179122280001 Map II Property Addressll277 VANDERBILT BEAC RD Owner Name Addresses Statell MN zipl155402 - 1060 City Legal VANDERBILT BCH CENTER BLK C LOT 18 Section Township Range Acres Map No. Strap No. 32 48 25 0.09 3A32 681700 C 183A32 Sub No. 681700 VANDERBILT BEACH CENTER -t Millage Area -t MIJlage Use Code 28 IMPROVED COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 124,704.00 II Date I (+) Improved Value $ 1,448.00 II 03/1998 I (=) Market Value $126,152.00 II 01/1997 I (oj SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 126,152.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 126,152.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount I $ 2,000,000.00 I $ 0.00 I Book - Page 2402-1799 2269 - 4 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=000007912228000 1 5/12/2005 Details Page 1 of 1 - Current Ownership Folio NO.1179122240009 Man II Property Addressll277 VANDERBILT BEAC RD Owner Name VANDERBilT PROPERTIES INC Addresses % SUSAN HANSON 15 S 5TH ST STE 900 City MINNEAPOLIS legalll VANDERBilT BCH CENTER BLK C I lOT 17 State MN Zi 02 -1060 Section Township Range Acres Map No. Strap No. 32 48 25 0.07 3A32 681700 C 173A32 Sub No. 681700 II VANDERBILT BEACH CENTER --tJ Millage Area --tJ ~ --tJ Use Code 28 II IMPROVED COMMERCIAL 164 13,3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 95,200.00 Date Book - Page Amount (+) Improved Value $ 2,109.00 03/1998 2402 - 1799 $ 2,000,000.00 (-) Market Value $ 97,309.00 01/1997 2269 - 4 $ 0.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 97,309.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 97,309.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. IIIIIIII The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail. asp?F 0 lioID=0000079122240009 5/12/2005 Details pagl? of I . Folio No.11 79122200007 Map II - Current Ownership Property Address!1277 VANDERBILT BEAC RD Owner Namell VANDERBilT PROPERTIES INC Addresses % SUSAN HANSON S 5TH ST STE 900 City MINNEAPOLIS State MN Zip 55402. 1060 Legall! VANDERBILT BCH CENTER BlK C ! LOT 16 Use Code Township Range Acres Map No. Strap No. 48 25 0.07 3A32 681700 C 163A32 681700 I VANDERBILT BEACH CENTER '"fl Millage Area '"fl Millage 28 I IMPROVED COMMERCIAL 164 13.3115 Section 32 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 93,792.00 II Date Book. Page (+) Improved Value $ 2,007.00 I 2402-1799 (=) Market Value $ 95,799.00 I 2269 - 4 (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 95,799.00 I (-) Homestead and other Exempt Value II $ 0.00 I (=) Taxable Value II $ 95,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, Amount I $ 2,000,000.00 I $ 0.00 I - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F 0 lioID=0000079122200007 5/12/2005 Details Page I of 1 - Current Ownership Folio No.1179122160008 Map II Property Addressll277 VANDERBilT BEAC RD SA Owner Namell VANDERBilT PROPERTIES INC TE 900 Cltyll MINNEAPOLIS II Statell MN ziPll55402 -1060 Legal VANDERBilT BCH CENTER BlK C lOT15 Section Township Range Acres Map No. Strap No. 32 48 25 0,07 3A32 681700 C 153A32 Sub No. 681700 VANDERBll T BEACH CENTER "'tJ Millage Area "'tJ Millage "'tJ Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll $ 92,320.00 $ 0.00 $ 92,320.00 $ 0.00 $ 92,320.00 $ 0.00 (=) Taxable Value $ 92,320.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. land Value (+) Improved Value (=) Market Value H SOH Exempt Value (=) Assessed Value Date 03/1998 01/1997 Book - Page 2402 cJ799 2269 - 4 Amount $ 2,000,000.00 $ 0.00 -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000079122160008 5/12/2005 Details Page I of 1 - Current Ownership Folio No.1179122120006 Map II Property Addressll239 VANDERBILT BEAC RD tt.',"_ Owner Name VANDERBILT PROPERTIES INC Addresses % SUSAN HANSON 15 S 5TH ST STE 900 Clty~ MINNEAPOLIS Statell MN ZIPll55402 -1060 Legalll VANDERBILT BCH CENTER BLK C I LOT 14 Section 32 Range 25 Acres 0.07 Map No. 3A32 Strap No. 681700 C 143A32 Sub No. '1J Use Code VANDERBILT BEACH CENTER VACANT COMMERCIAL '1J Millage Area 164 '1J~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 90,880.00 (+) Improved Value $ 0.00 (=) Market Value $ 90,880.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $ 90,880.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 90,880.00 Date 03/1998 01/1997 Book - Page Amount 2402 - 1799 $ 2,000,000.00 2269 - 4 $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai 1. asp?F 0 lioID=0000079122120006 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179122080007 Map II Property Address1l239 VANDERBilT BEAC RD Addres VANDERBilT PROPERTIES INC ON State MN Zip 55402 - 1060 Legalll VANDERBILT BCH CENTER BlK C I LOT 13 Section 32 Township 48 Acres 0.06 Map No. 3A32 Strap No. 681700 C 133A32 Sub No. JjlJ Use Code 681700 10 II VANDERBilT BEACH CENTER II VACANT COMMERCIAL JjlJ Millage Area 164 JjlJ ~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 89,408.00 (+) Improved Value $ 0.00 (=) Market Value $ 89,408.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 89,408.00 (-) Homestead and oth $ 0.00 (=) Taxable Value $ 89,408.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 2402.- 1799 2269 - 4 Amount $ 2,000,000.00 $ 0.00 I - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail. asp?F olioID=0000079122080007 5/12/2005 Details Page 1 of 1 - Current Ownership Folio NO.1179122040005 M.J!.R II Property Addressll239 VANDERBILT BEAC RD Owner Namell VANDERBILT PROPERTIES INC Addre USAN HANSON S 5TH ST STE 900 MINNEAPOLIS I '.'," fa On State II MN Zip II 55402 - 1060 Legall' VANDERBILT BCH CENTER BLK C , LOT 12 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 123A32 Sub No. 681700 VANDERBILT BEACH CENTER '1l Millage Area '1l~ '1l Use Code 10 VACANT COMMERCIAL 164 13.311 5 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 88,000.00 I Book - Page (+) Improved Value $ 0.00 I 2402-1799 (=) Market Value $ 88,000.00 II 2269 - 4 (-j SOH Exempt Value $ 0.00 I (=) Assessed Value $ 88,000.00 I (-j Homestead and other Exempt Value $ 0.00 I (=j Taxable Value $ 88,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 2,000,000.00 $ 0.00 I - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F 0 lioID=0000079122040005 5/12/2005 Details Page I of I - Current Ownership Folio No.1179122000003 M.a.R II Property Addressl1239 VANDERBILT BEAC RD Owner Name Addresses Statell MN Zip II 55402 - 1060 City Legal VANDERBILT BCH CENTER BLK C LOT 11 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 113A32 Sub No. 681700 II VANDERBILT BEACH CENTER '1J Millage Area '1J~ '1J Use Code 10 II VACANT COMMERC IAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 86,400.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 86,400.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 86,400.00 I (-j Homestead and other Exempt Value $ 0.00 I (=j Taxable Value "$ 86,400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 03/1998 01/1997 Book - Page Amount 2402 -1799 $ 2,000,000.00 2269 - 4 $ 0.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=0000079122000003 5/1212005 Details Page I of I - Current Ownership Folio No.1179121960005 MAA II Property Addressl1239 VANDERBILT BEAC RD Owner Name VANDERBILT PROPERTIES INC Addresses % SUSAN HANSON 5TH ST STE 900 City MINNEAPOLIS I State II MN ziPl155402 -1060 Legal VANDERBILT BCH CENTER BLK C I LOT 10 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 103A32 Sub No. 681700 VANDERBIL T BEACH CENTER '"'tJ Millage Area '"'tJ~ '"'tJ Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 84,800.00 I Book - Page I (+) Improved Value $ 0.00 I 24Q2 ~ 17.9.9 I (=) Market Value $ 84,800.00 I 2269 - 4 I (-J SOH Exempt Value $ 0.00 I I (=) Assessed Value II $ 84,800.00 I I (-J Homestead and other Exempt Value II $ 0.00 I I (=J Taxable Value II $ 84,800.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 2,000,000.00 $ 0.00 - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=0000079121960005 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179121920003 M~ II Property Addressl1239 VANDERBILT BEAC RD ,f . ~: " o Ii Owner Name Addresses 15 S 5TH ST STE 900 City" MINNEAPOLIS II Statell MN zipl155402 -1060 legal VANDERBilT BCH CENTER BlK C lOT 9 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 93A32 Sub No. 681700 VANDERBilT BEACH CENTER "'fJ Millage Area "'fJ~ "'fJ Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 83,552.00 I (+) Improved Value $ 0.00 (=) Market Value $ 83,552.00 (-) SOH Exe $ 0.00 (=) Assessed Value $ 83,552.00 I (-) Homestead and other Exempt Value II $ 0.00 I , (=) Taxable Value II $ 83,552.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, I Date II Book - Page I Amount I 03 /1998 II 2402 -1799 $ 2,000,000.00 I 01/1997 II 2269 - 4 $ 0.00 - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000079121920003 5/12/2005 Details Page I of I - Current Ownership Folio No.1I79121880004 Ma911 Property Addressll239 VANDERBILT BEAC RD Owner Namell VANDERBILT PROPERTIES INC Addressesll % SUSAN HANSON 115 S 5TH ST STE 900 City II MINNEAPOLIS II Statell MN Zip II 55402 - 1060 Legalll VANDERBILT BCH CENTER BLK C I LOT8 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 83A32 Sub No. 681700 II VANDERBILT BEACH CENTER ...ttJ Millage Area ...ttJ~ ...ttJ Use Code 10 II VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Date I 03 J 1998 I 01 J 1997 I H SOH Exempt Value $ 0.00 I (=) Assessed Value $ 82,112.00 $ 0.00 (=) Taxable Value $ 82,112.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Land Value $ 82,112.00 (+) Improved Value $ 0.00 (=) Market Value $ 82,112.00 Book - Page Amount 2402 -J799 $ 2,000,000.00 2269 - 4 $ 0.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp?F olioID=0000079121880004 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179121840002 Map II Property Addressll239 VANDERBILT BEAC RD SA Owner Namell VANDERBilT PROPERTIES INC Addresses % SUSAN HANSON 5TH ST STE 900 City MINNEAPOLIS legalll VANDERBILT BCH CENTER BlK C I lOT7 State I MN ziPll55402 -1060 Section Township Acres Map No. Strap No. 32 48 0.06 3A32 681700 C 73A32 Sub No. 681700 VANDERBilT BEACH CENTER '-t Millage Area '-t~ '-t Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 80,640.00 Date Book - Page Amount (+) Improved Value $ 0.00 03 f 1998 2402 - 1799 $ 2,000,000.00 (=) Market Value $ 80,640.00 01 f 1997 2269 - 4 $ 0.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 80,640,00 (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value II $ 80,640.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000079121840002 5/12/2005 Details Page 1 of 1 ~;' M - Current Ownership Folio NO.1179121800000 MiW II Property Addressll239 VANDERBILT BEAC RD Owner Name VANDERBILT PROPERTIES INC HANSON S MN Zip 55402 - 1060 City Legal VANDERBILT BCH CENTER BlK C LOT 6 Section Township Range Acres Map No. Strap No. 32 48 25 0,06 3A32 681700 C 63A32 Sub No. 681700 VANDERBll T BEACH CENTER --tl Millage Area --tl ~ --tl Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 79,200.00 I I (+) Improved Value $ 0.00 I I (=) Market Value $ 79,200.00 I I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 79,200.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 79,200.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. I Date I Book - Page Amount I 03/1998 2402-.1799 $ 2,000,000.00 I 01/1997 2269 - 4 $ 0.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp?F olioID=0000079l21800000 5/12/2005 Details Page I of I I -- Current Ownership Folio No.1179121760001 M<l-P II Property Addressl1239 VANDERBILT BEAC RD Section 32 Township 48 Range 25 Acres 0.06 Map No. 3A32 I I I I I I I Owner Namell VANDERBILT PROPERTIES INC Addresses % SUSAN HANSON 15 S 5TH ST STE 900 City MINNEAPOLIS II Legalll VANDERBILT BCH CENTER BLK C I LOT5 State II MN ziPll55402 -1060 Strap No. 681700 C 53A32 Use Code 681700 10 VANDERBILT BEACH CENTER VACANT COMMERCIAL '1J Millage Area 164 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Amount I $ 2,000,000.00 I $ 0.00 I I Land Value $ 77,696.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 77,696.00 I (-j SOH Exempt Value $ 0.00 I (=) Assessed Value $ 77,696,00 I (-j Homestead and other Exempt Value $ 0.00 I (=j Taxable Value $ 77,696.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 03/1998 01/1997 Book - Page 2402 - 1799 2269 - 4 - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F olioID=0000079121 76000 I 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179121720009 Miw II Property Addressll239 VANDERBilT BEAC RD o uA Owner Namell VANDERBILT PROPERTIES INC Addressesll % SUSAN HANSON 115 S 5TH ST STE 900 Cltyll MINNEAPOLIS II State II MN ZIPll55402 -1060 Legalll VANDERBILT BCH CENTER BlK C I LOT4 Section Township Range Acres Strap No. 32 48 25 0.05 681700 C 43A32 Sub No. 681700 I VANDERBILT BEACH CENTER --t Millage Area --t Mlllit\;m --t Use Code 10 I VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book. Page 2402 ~ .1799 2269 . 4 Amount $ 2,000,000.00 $ 0.00 I Land Value $ 76,256.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 76,256.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 76,256.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 76,256.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. I:IIIIIII The Information is Updated Weekly, http://www.collierappraiser.comlRecordDetail.asp ?F olioID=0000079121 720009 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179121680000 Map II Property Addressll239 VANDERBILT BEAC RD Owner Namell VANDERBILT PROPERTIES INC Addressesll % SUSAN HANSON 115 S 5TH ST STE 900 City II MINNEAPOLIS II . ~ ~,,~:i, State II MN zipl155402 -1060 Legal VANDERBILT BCH CENTER BLK C LOT 3 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 33A32 Sub No. 681700 II VANDERBILT BEACH CENTER II "fl Millage Area "fl ~ "fl Use Code 10 II VACANT COMMERCIAL II 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 89,536.00 (+) Improved Value $ 0.00 (=) Market Value $ 89,536.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 89,536.00 I Date Book - Page Amount I 03/1998 2402 - 179.9 $ 2,000,000.00 I 01/1997 I 2269 - 4 $ 0.00 I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 89,536.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai 1. asp ?F 0 lioID=0000079 I 21680000 5/12/2005 Details Page 1 of 1 11IIIII Current Ownership Folio No.1179121640008 Map II Property Addressll239 VANDERBilT BEAC RD State II MN Zip II 55402 -1060 I I I I I Owner Namell VANDERBilT PROPERTIES INC Addresses % SUSAN HANSON 15 S 5TH ST STE 900 City MINNEAPOLIS II legal VANDERBilT BCH CENTER BlK C lOT 2 Section Township Range Acres Map No. Strap No. 32 48 25 0.06 3A32 681700 C 23A32 Sub No. 681700 VANDERBll T BEACH CENTER '1J Millage Area '1J M1llan '1J Use Code 10 VACANT COMMERCIAL 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 87,456.00 (+) Improved Value $ 0.00 (=) Market Value $ 87,456.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 87,456.00 II 03 /1998 I 01/1997 II Date Book - Page 2402-.J]99 2269 - 4 Amount $ 2,000,000.00 $ 0.00 I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 87,456.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, http://www .collierappraiser.comJRecordDetail.asp?F olioID=0000079121640008 5/1212005 Del,ails Page 1 of 1 - Current Ownership Folio No.1I79120880005 Man II Property Addressll210 SOUTHBAY DR Owner Namell DOYLE JR TR, ROBERT E Addresses ITA DTD 9-24-97 I % SUSAN HANSON 115 S 5TH ST STE 900 Cltyll MINNEAPOLIS II 8A State II MN Zip II 55402 -1060 legal\1 VANDERBilT BCH CENTER BlK B I lOTS 3 + 4 Section II Township II Range II Acres 32 II 48 II 25 II 0.11 Sub No. 681700 VANDERBilT BEACH CENTER '1J Use Code SINGLE FAMilY RESIDENTIAL Map No. 3A32 Strap No. 681700 B 33A32 '1J Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 160,000.00 (+) Improved Value $ 158,176.00 (=) Market Value $ 318,176,00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 318,176.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 318,176.00 I Date II 112/1997 II Book - Page 2372 - 2954 Amount $ 475.000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=0000079120880005 5/12/2005 . Details Page I of I - Current Ownership Folio No.1179121280002 MJ!JJ II Property Addressl1241 CENTER ST Owner Namell CHANG, UN HUEI-YI Addresses II 2374 TURNBERRY CT cityll NAPLES II State II FL zipll34109 - 3371 Legall' VANDERBILT BCH CENTER BLK B I LOTS 20-32 Acres 0.78 Map No. 3A32 Section 32 Township 48 Sub No. -t Use Code 681700 21 VANDERBILT BEACH CENTER IMPROVED COMMERCIAL 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $1,087,456,00 II Date II Book - Page I (+) Improved Value $ 237,904.00 II 11/1987 II 1311 -737 I (=) Market Value $ 1,325,360.00 I I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 1,325,360.00 I I (-j Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value 1\ $ 1,325,360.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=OO00079121280002 Strap No. 681700 B 233A32 -t Mi\lagJl 13.3115 Amount I $ 700,000.00 I 5/12/2005 Details Page 1 of 1 -- Current Ownership Folio No.1179120920004 M.iu211 Property Addressll218 SOUTHBAY DR 8ti II Owner Namell HOWARD TR, SUZANNE Addresses IITF DIPLOMAT LfT/A 7//24/97 I % SUSAN HANSON 115 S 5TH ST STE 900 Cltyll MINNEAPOLIS II State II MN ZIpl155402 -1060 Legalll VANDERBILT BCH CENTER BLK B I LOTS 5 + 6 Section 32 Township 48 Range 25 Acres 0.11 Strap No. 681700 B 53A32 I VANDERBILT BEACH CENTER I IMPROVED COMMERCIAL Sub No. .ItJ Use Code 681700 39 .ItJ Mlllaae Area 164 .ItJ MlI1.ium 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 160,000.00 I I (+) Improved Value II $ 56,399.00 I (=) Market Value $ 216,399.00 (-j SOH Exempt Value $ 0.00 (=) Assessed Value $ 216,399.00 (-) Homestead and other Exem $ 0.00 (=) Taxable Value $ 216,399.00 SOH = "Save Our Homes. exempt value due to cap on assessment increases, I Date I Book - Page Amount I 12/1997 23~8_:: !.t3Q. $ 0.00 I 09/1997 I 2344~.92 $ 430,000,00 11IIII The Information is Updated Weekly. http://www .CO llierappraiser .comJRecordDetail. asp?F olioID=000007912092 0004 5/12/2005 Details Page 1 of 1 Folio No.1179121280002 Mim II - Current Ownership Property Addressll241 CENTER ST A CHANG, UN HUEI.YI 74 TURN BERRY CT NAPLES I Statell FL ziPl134109 - 3371 VANDERBILT BCH CENTER BLK B LOTS 20-32 Section Township Range Acres 32 48 25 0.78 Sub No. II 681700 I VANDERBILT BEACH CENTER '1J Use Code II 21 II IMPROVED COMMERCIAL Map No. 3A32 Strap No. 681700 B 233A32 '1J Millage Area 164 '1l MJlI.ag.e. 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $1,087,456.00 II Date I Book - Page Amount I (+) Improved Value $ 237,904.00 II 11/1987 I 13t1 - 73:1 $ 700,000.00 (=) Market Value $ 1,325,360.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 1,325,360.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 1,325,360.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, ~ (h~- - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?FolioID=0000079121280002 5/12/2005 Details Page 1 of 1 Folio NO.1179122360002 Map II - Current Ownership Property Addressll9136 GULF SHORE DR ~.. . l Owner Namell HAINS TR, TIMOTHY G Addresses I PELICAN TRUST UTO 04/17/97 115 S 5TH ST STE 900 cityll MINNEAPOLIS II State II MN zipl155402 -1060 Legal VANDERBILT BCH CENTER BLK 0 LOTS 3 + 4 Township Range Acres Map No. Strap No. 48 25 0.11 3A32 681700 o 33A32 681700 VANDERBILT BEACH CENTER -t Millage Area -1l~ 49 IMPROVED INDUSTRIAL 164 13.3115 Section 32 Use Code 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 160,000.00 (+) Improved Value $ 1,240.00 (=) Market Value $ 161,240.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $161,240.00 (-j Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 161,240.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 2559 - 1029 2368 - 834 2330 -549 Amount $ 0.00 $ 0.00 $ 700,000.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000079122360002 5/12/2005 Details Page 1 of 1 - Current Ownership Property Addressll9060 GULF SHORE DR 8A Folio No.1179122400001 Map Owner Namell CORCELLI, DONALD N=& MARY E Addressesl1290 IBIS ST City II FORT MYERS BEACH II State II FL ZIPll33931 - 4518 Legalll VANDERBILT BCH CENTER BLK 0 I LOT 5 & 6 Section Township Range Acres 32 48 25 0.06 Sub No. 681700 VANDERBIL T BEACH CENTER -t Use Code 11 IMPROVED COMMERCIAL Map No. 3A32 Strap No. 681700 0 63A32 -t Millage Area 164 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Date I I 05' 1998 I Book - Page 2421 - 691 Amount $ 500,000.00 Land Value $ 80,000.00 (+) Improved Value $ 58,877,00 (=) Market Value $ 138,877.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 138,877.00 I (-I Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 138,877.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=000007912240000 1 5/12/2005 Print Map Page 1 of 1 '1 '?"'. ~l - @ 2004, Collier County Property AppraiseL While the Collier County Property Appraiser is committed to providing the most accurate and up-ta-date information. nc for the data herein. its use. or its interpretation, http://maps.collierappraiser .com/webmap/mapprint.aspx ?title=&ori ent= LANDSCAPE&pa... 5/16/2005 Details Page 1 of 1 - Current Ownership Folio No.1179120800001 M<m II Property Addressll321 VANDERBILT BEAC RD Owner Namell PREMIER PROPERTIES OF Addressesll SOUTHWEST FLORIDA INC 14300 GULF SHORE BLVD N STE 100 Cltyll NAPLES II Statell FL Zip II 34103 - 2243 Leg"11 VANDERBILT BCH CENTER BLK A S I 18.5FT OF LOT 50, ALL LOTS 51 I THRU 54 OR 2025 PG 1381 Section Township Range Acres Map No. Strap No. 32 48 25 0.3 3A32 681700 A 513A32 Sub No. 681700 I VANDERBILT BEACH CENTER -t~ -t Use Code 18 I IMPROVED COMMERCIAL 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 462,980.00 I Book - Page Amount I (+) Improved Value $ 912,478.00 I 1969 ~ 2116 $ 400,000.00 (=) Market Value $ 1,375,458.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 1,375,458.00 (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value II $ 1,375,458.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=000007912 080000 1 5/12/2005 Details Page 1 of 1 Folio No.1179121 080008 Ma-9 II - Current Ownership Property Addressll SOUTH BAY DR , 8A Foreign Mall COde11 - I I I I I I I Owner Namell REFERENCE ONLY Addressesll Countryll Legal I VANDERBILT BEACH CENTER BLK B L ~~~ VANDERBILT / PALMS CONDO oJit 1138 PG 409 , -- Section Township Range Acres 32 48 25 0 Sub No. II 681700 II VANDERBILT BEACH CENTER -t Use Code II 0 II VACANT RESIDENTIAL Map No. REF Strap No. 681700 B 15 REF -t Millage Area 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 0.00 (=) Market Value $ 0.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 0.00 (-) Homestead and other Exempt Value II $ 0.00 (=) Taxable Value II $ 0.00 Date Book - Page Amount SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=0000079121 080008 5/12/2005 Division of Corporations Page 1 of2 ,9'~' "" Florida Non Profit VANDERBILT PALMS CONDOMINIUM OWNERS ASSOCIATION, INC. 1_, ......_.... ___., __~._.___.,_,....._. .",,___, _,_" PRINCIPAL ADDRESS 260 SOUTHBA Y DRlVE NAPLES FL 34108 US Changed 05/01/2001 I.., MAILING ADDRESS POBOX 7622 NAPLES FL 34101-7622 US Changed 05/04/2005 Document Number N02859 FEI Number 592544076 Date Filed 05/02/1984 State FL Status ACTIVE Effective Date NONE L., R .t dA t egIs ere .gen I Name & Address I MCFATTER. GLEB M 3]50 SAFE HARBOR DRIVE NAPLES FL 34] 17 I Name Changed: 05/04/2005 I I Address Changed: 05/04/2005 I OfficerlDirector Detail I Name & Address II Title I v AALA, FRANCESCA c:J 2699 WINDSOR BA Y SAINT PAUL MN 55]25 BLANCO. FRANK 8 6894 RAIN LILY RD # ]0] NAPLES FL 34] 09 j SARNOWSKI, DON II I ]066 W ]20m ST http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =N02859&n2=NAMFWD&n3=... 8/24/2005 Division of Corporations Page 2 of2 I W AUW A TOSA WI 53226 II DST I SIMMONS, ROY D 13125 W, PARK AVENUE NEW BERLIN WI KAZMERCZAK,LARRY D 871 CHERI LANE SAINT PAUL MN 55120 ~. 1.....- ,_.._ __"___'__~"_'_"__ A IR rt nnua epo S I Report Year II Filed Date I I 2003 II 04/21/2003 I I 2004 II 04/26/2004 I I 2005 II 05/04/2005 I r,r;,...PreVious.filihn;..;1 [L~B.!3J_um..,t()2.!:'i?~ h.. . J,;' ~ l!ld<'&"'i"r'. ~tlO~.-!:~ .:'=__'_""~ ~ No Events No Name History Information L:tJ_~zlElllLig~ I.. ";....-"_r..........,, Document Images Listed below are the images available for this filing. 05/04/2005 -- ANN REPIUNIFORM BUS REP 04/26/2004 -- ANN REPIUNIFORM BUS REP 04/21/2003 -- ANN REPIUNIFORM BUS REP 04/29/2002 -- COR - ANN REPIUNIFORM BUS REP 05/01/2001 -- ANN REPIUNIFORM BUS REP 04/20/2000 -- ANN REPIUNIFORM BUS REP 02/27/1999 -- ANNUAL REPORT 03/26/1998 -- ANNUAL REPORT 05/09/1997 -- ANNUAL REPORT 03/26/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT . , - -- , . , "_ ,JJ t.q g_-,;~, ~~' r ~-' J j4t: ~ '1.'. . , . , , ". - --- :' ~:!~~iJ:-=.,..fi_.~)r:r~' J_=1.~~~:;J;) http://www.sunbiz.org/scripts/cordet.exe ?a 1 = DETFIL&n 1 = N028 59&02= NAMFWD&n3=... 8/24/2005 2005 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT # N02859 1. Entity Name VANDERBILT PALMS CONDOMINIUM OWNERS ASSOCIATION,INC. Principal Place of ausnesa Z60 SOlJTHBAY DRIVE NAPlES. Fl 341 08 US ,~;,;, 8 A .... . FILED May 04, 2005 8:00 am Secretary of State 05-04-2005 90132 033 ****61.25 MaIling AddreSll ClOCONlXlMlNUIM UGRS 853 VANDERBILT BRANCH #263 NAPlES. Fl 34108 us Suile. ApI. eo ele. 2. Principal Place of Business City & Stale Zip )... IIIIUI~gmllm~~mmll~~ 02212005 Chg-NP CR2E037 (1CY03) Co<n1ry Country 5. Certificate of Status DesIred o ROBBINS, GRANT 853 VANDERBILT BEACH ROAD SUITE 263 NAPlES, FL 34108 a. The eb<MI named entity submll8 this $ the obliQaliOns of registered agent. SIGNATURE In. I1n.E IWoIE SlR'ET ,I;JlRSS CllY -sr-2P mu NoWf SlIIffi ,I;JlRSS CllY-sr-2P mu: ~ rnI!T ADIlRESS CITY - $l-lI' I1n.E - rnI!T ,I;JlRSS CIlY -Sl-ZIP mu: ~ SlIIffi ADIlRESS CIlY-$l-2P llllE ~E rnI!T AWlESS CITY -sr-2P SIignIlllI.n. tw:-:t CIf piWad,.,. r6 Filing F_1s $61..25 Due by May 1. 2005 4. FEI Number 59-2544076 aocept l~re. ..................____-~ DATE 0. Election ~gn Financing Trust Fund ConlribuIiO"I. 0 $5.00 Uay Be Added ID '"- IIake checl< p&y1IbkI 10 FIorid8 ~rtment of StslII 11. l1TtL - SlIIffi NDlESS CIIY-Sl-2P mu: - S1RIII AIllHSS CllY-ST.2P mu: - ST1IIIT ADllPESS CIIT-Sf-2P ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10 [> V P ~ a...1l/J 0 A@Iao OST VAA1..A~FRANCESCA 2699 WINDSOR SAY SAINT PAUL, MN 55125 o BlANCO. FRANK 6894 RAIN LILY RD # 101 NAPLES, FL 34109 OVP SARNOWSKJ. DON 1066 W 120TH ST WAUWATOSA, WI 53226 o SIMMONS, ROY 13125 W. PARK AVENUE NEW BERUN. WI DP KAZMERCZAK. LARRY 871 CHERI LANE SAINT PAUL, MN 55120 OOdelt OOdelt OOelell o 0eIelI o Delete o Clalll/J 0 M;IUloo DS-r Cllange 0 MlilIan o Delele mu: NI.lIf S1RIII AOCIIESS CITY - Sf-lIP l1TtL NI.lIf rnlIn AIXlfESS CllY -Sf-lIP o CI1onoo 0 Acldil!oo o Dmlll/J 0 M:t1lla1 mu: - $1ll![I AOCIIESS CITY - ST - lIP o Cbangt 0 M:titlon 12. I henlby c:enify that the i-dormalion ouppIied ..wn 1I1is fiIlnl1 does noc qualify fer ll>e exempliQn B1BtlJod in Sec:1iQn 119,07(3)(i), Florida StIrMes. J lur1toer c:enify that ll>e information IndkaIed on /tis report 0( supplemen!a! report is tnJ& and accurute Ilfld !hat my signature shall have the same legal efled as it made under oath; thai I am an office( 0< dir8dDr of the CClfpOnllion or 1he reeeiYer em~ 10 ex !hie report as required by ~ 617. F1or\cla Statutes; and that my name appelIt'S in Block 10 or Block 11 H changed. or on an attactment wi address. wllh all ~ . SIGNATURE: .t/ '1PtJJ (~5~-'J~" ~ ---. Details Page 1 of 1 - Current Ownership Property Addressll SOUTHBAY DR Folio No.1179121080008 Map II Owner Namell REFERENCE ONLY Addresses'! Country II Legall' VANDERBILT BEACH CENTER BLK B , LOTS 15-17 NOW VANDERBILT , PALMS CONDO OR 1138 PG 409 Foreign Mail Code II - Section II Township Range Acres 32 II 48 25 0 Sub No. II 681700 II VANDERBILT BEACH CENTER '1J Use Code II 0 II VACANT RESIDENTIAL Map No. REF Strap No. 681700 B 15 REF '1J Millage Area 164 '1J~ 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II Date I (+) Improved Value $ 0.00 I I (=) Market Value $ 0.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 0.00 I (-) Homestead and other Exempt Value" $ 0.00 I I (=) Taxable Value II $ 0.00 , SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book - Page Amount - NeYl Search The Information is Updated Weekly, hrtp://www.collierappraiser.com/RecordDetail.asp?F olioID=0000079121 080008 8/24/2005 Details Page 1 of 1 - Prevnous - Current Ownership Folio No.1179121120007 MaJ211 Property Addressll SOUTHBAY DR - Owner Namell REFERENCE ONLY Addressesl! Countryll Legalll VANDERBILT BEACH CENTER BLK B I LOTS 18-19 NOW VANDERBILT I PALMS CONDO OR 1138 PG 409 Foreign Mail Codell . Section 32 Acres o Map No. REF Strap No. 681700 B 18 REF 48 Range 25 Sub No. ~ Use Code 681700 o VANDERBILT BEACH CENTER VACANT RESIDENTIAL JfJ Millage Area 164 -1J~ 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II Date I (+) Improved Value $ 0.00 I I (=) Market Value $ 0.00 I I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 0.00 (-) Homestead and other Exempt Val $ 0.00 (=) Taxable Value $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book. Page Amount ... -- -- The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000079121120007 8/24/2005 Collier County Clerk of the Circuit Court :: Document Details Print Page 1 of 1 I). ~ h " Collier County . ~ ~. CLERK OF THE CIRCmT COURT '8/4 Document Details Recorded Date: 5/29/1985 12:00:00 PM Instrument #: 0937469 Book Type: OR Book: 1138 Page: 409 Page Count: 83 Doc Type: DECL Case Number(s): Amount: 0 Comments: DECLARATION OF CONDOMINIUM http://www.c1erk.collier.f1.us/orispublicaccess/view _ document_details -print.aspx?DOCID... 8/24/2005 Collier County Property Appraiser Page 1 of 1 ~. Zoom To Selected MAP sma' a..AU. I uernuu I LAtNilE I :\.\.\~R COQ~ c.. HORIDA . Introduction . Search for Parcels by . Search Results Folio Number: 48320040003 Name: SUNSHINE LLC Street# & Name: 9000 GULF SHORE DR Build# / Unit#: /1 _\lIt:J. Folio Number: 48320080005 Name: SUNSHINE LLC Street# & Name: 9010 GULF SHORE DR Build# / Unit#: I 2 _Ill"'. Folio Number: 48320120004 Name: SUNSHINE LLC Street# & Name: 9020 GULF SHORE DR Build# / Unlt#: 13 _illtll. ? Folio Number: 48320160006 Name: SUNSHINE ON THE GULF LLC Street# & Name: 9030 GULF SHORE DR Bulld# / Unit#: 14 _Ill"'. . Layers . Legend . Print . Home Page . Help Aerial Photography: Urban - January 2004, Rural - January 2003 http://maps.collierappraiser .com/webmap/Map. aspx?msize= L 5/12/2005 Details Page 1 of 1 11IIIII Current Ownership Folio No.1148320040003 MaR II Property Addressll9000 GULF SHORE DR State IN Zip 47408 -1401 Legal" GULF VIEW A CONDOMINIUM UNIT 1 Section 32 Acres o Map No. 3A32 Strap No. 392500 13A32 Sub No. '1l Use Code 392500 4 II GULF VIEW A CONDOMINIUM II CONDOMINIUM '1l Millage Area 164 '1l~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I Date II (+) Improved Value $ 347,175.00 I 05/1996 II (=) Market Value $ 347,175.00 (-j SOH Exempt Value $ 0.00 (=j Assessed Value $ 347,175.00 I (-) Homestead and other Exempt Value $ 0,00 I (=) Taxable Value $ 347,175.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases, Amount I $ 330,000.00 I Book - Page 2185 - 1066 - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F olioID=00000483 20040003 5/12/2005 Details Page 1 of 1 Folio No.1148320080005 Ma9 II - Current Ownership Property Addressll9010 GULF SHORE DR t." fr 8""1 li Owner Namell SUNSHINE LLC Addresses II 1919 N DUNN ST cityll BLOOMINGTON State II IN ZIp1l47408 -1401 Legalll GULF VIEW A CONDOMINIUM UNIT 2 Section 32 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 392500 23A32 ..ItJ Millage Area 164 ..ItJ Millage 13.3115 Sub No. ..ItJ Use Code 392500 4 GULF VIEW A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I Date II (+) Improved Value $ 347,175.00 I 05/1996 II (=) Market Value $ 347,175.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 347,175.00 (-) Homestead and other Exemp $ 0.00 (=) Taxable Value $ 347,175.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Amount I $ 300,000.00 I Book - Page 2165-J 072 11IIII The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=00000483 20080005 5/12/2005 Details Page I of 1 - Current Ownership Folio No.1148320160006 MAA II Property Addressl19030 GULF SHORE DR ti, ;S[._ Owner Name SUNSHINE ON THE GULF LLC I Addresses 1240 E MILLER DR I City BLOOMINGTON II State II IN II Zip II 47401 - 6720 I Legalll GULF VIEW A CONDOMINIUM UNIT 4 Section Township Range Acres 32 48 25 0 Sub No. 392500 II GULF VIEW A CONDOMINIUM -fl Use Code 4 II CONDOMINIUM Map No. 3A32 Strap No. 392500 43A32 -fl MlIlage 13,3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II I (+) Improved Value $ 347,175.00 II I (=) Market Value $ 347,175.00 II I (-j SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 347,175.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 347,175.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount I $ 400,000.00 I $ 291,000.00 I Date 05 / 2000 08/1996 Book - Page 2680 - 1224 2217 -1908 II II II - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000048320 160006 5/12/2005 Division of Corporations Page 1 of2 So!>. , .A Florida Limited Partnership THE CORNER BUILDING ON V ANDERBIL T LIMITED PARTNERSHIP, LLLP PRINCIP AL ADDRESS 9136 GULF SHORE DRIVE NAPLES FL 34108 MAILING ADDRESS 9136 GULF SHORE DRIVE NAPLES FL 34108 Document Number A05000000779 FEI Number NONE Date Filed 04/20/2005 State FL Status ACTIVE Effective Date NONE Last Event LLLP Statement of Qualification Event Date Filed 04/20/2005 Event Effective Date NONE Actual Contribution 600,000.00 Registered Agent Name & Address NOVA TT, JEFF M ESQ. 821 FIFTH A VENUE SOUTH, SUITE 20 I NAPLES FL 34102 General Partner Detail I Name & Address I Document Number SP & BW, LLC 220 VINTAGE CIRCLE, B 305 L04000020597 NAPLES FL 34119 http://www.sunbiz.org/scripts/cordet.exe?al =D ETFIL&n 1 =A05000000779&n2=NAMFW... 8/24/2005 Division of Corporations Page 2 of2 1 II Annual Reports Report Year II Filed Date II [ .. Pre"ious Filing. ] [ ... Heturn to List. . ] View Events Yi~wJ'{~Jn~HislQJX [ Next Filing] Document Images Listed below are the images available for this filing. 04/20/2005 -- CORAPSTQUL 04/20/2005 -- Domestic LP THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 = A05000000779&n2=NAMFW... 8/24/2005 Division of Corporations Page 1 of 1 THE CORNER BUILDING ON VANDERBILT LIMITED PARTNERSHIP, LLLP Document Number A05000000779 Date Filed 04/20/2005 Effective Date None Status Active EVENT TYPE FILED DATE EFFECTIVE DATE DESCRIPTION LLLP Statement of Qualification 04/20/2005 OLD NAME WAS : THE CORNER BUILDING ON VANDERBILT LIMITED PARTNERSHIP THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/corevt.exe?al =DETEVE&nl =A05000000779&n2=DOMLP 8/24/2005 .8 STATEMENT OF QUALIFICATION FOR FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP 1. The name of the limited partnership as identified in the records of the Florida Department of State: T:6.~ Corner Building on VanderbUt Limited Partnership '. Insert limitedpa~ership's Florida document number: or Attach Certificate of Limited Partnership, Affidavit of Capital Contributions and applicable limited partnership filing fees. (attached>> 2. The complete name of the entity after filing Statement of Qualification shall be: The Corner BuUc1in& on Vanderbilt Limited Partnership, LLLP (Must include LLLP or L.LL-P,) 3. The street address of its chief executive office: 9136 Gulf Shore Drive, Naples, Florida 34108 (if different from current fCCordedaddress): - . 4. The street address of principal office in Florida: 9136 Gulf Shore Drive, Naples, Florida 34108 (if diffe.rent from above) - . 5. The limited partnership hereby elects to be a iimited liability limited partnership. 6. The effective date of this filing shall be: x as of the date this document is filed with the Florida Secretary of State .' -, o <.J1 :::>> -0 ::.-0 r-.:> C) -0 :3: (-. . or a date later than the time of filing: 7. The name and Florida street address of the partnership's agent for service of process: Jeff M. Novatt, Esq. 821 Fifth Avenue South, Suite 201 Naples . Florida 34102 ~ ; i ". .... w co The execution of this statement as a partner constitutes an affl.l'Itl8tion under the penalties of perjury that the facts stated herein are true. :::'::f2p:,:Of Al.n :l:f::-. ~~. .... .... Se~tiaD J. iaguni, aa Managing Member of MaDagina Typed or printed names of partners signing above: Member of SP & BW, LLC, General Partner Sebastian J. Paguni, individually, Limited Partner Filing Fee: $25.00 Certified Copy (optional): $52.50 Certificate of Status (optional): $8.75 Collier County Property Appraiser Page 1 of 1 '8A Zoom To Selected WI? SlZE:tiMAu. IUEDtUU I ...... :\..\.\~I COg..,.. N fl.OIlUOA . Introduction . Search for Parcels by . Search Results Folio Number: 79420040008 Name:SHEPPARD,KENNETH=& CATHERINE Streett & Name: 260 SOUTHBAY DR Bulld# I Unitt: 1#101 .~r:l. Folio Number: 79420080000 Name: HAINS TR, TIMOTHY G Street# & Name: 260 SOUTHBAY DR Buiid# I Unitt: 1#102 .~tH~ Foilo Number: 79420120009 Name: VAZ, RICHARD Street# & Name: 260 SOUTHBA Y DR Build# I Unit#: I #103 ."'r:l. Folio Number: 79420160001 Name: HINTON, RALPH M=& BRENDA A Streett & Name: 260 SOUTHBAY DR Build# I Unitt: 1#104 .~r:l. Folio Number: 79420200000 Name: HAINS, TIMOTHY G Streett & Name: 260 SOUTHBAY DR Build# I Unitt: 1#105 .~r:I_ Folio Number: 79420240002 Name: GUERRIERO. MICHAEL=& ELEANOR Street# & Name: 260 SOUTH BAY DR Build# I Unitt: 1#106 .ilI"'l. Folio Number: 79420280004 Aerial Photography: Urban - January 2004, Rural - January 2003 http://maps.collierappraiser .com/webmap/Map .aspx?msize= L 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179420040008 Mimll Property Addressl1260 SOUTHBAY DR SHEPPARD, KENNETH=& CATHERINE 1ST AVE NW NAPLES State II FL ZIPl134120 - 2703 Legalll VANDERBILT PALMS CONDO I APT #101 OR 1849 PG 2086 Map No. 3A33 Strap No. 684400 #1013A33 -t Millage 13.3115 II -t Millage Area II 164 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 155,731,00 (=) Market Value $155,731.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $155,731,00 (-j Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 155,731.00 Date Book - Page 07 I 1993 1849 c 2086 03 I 1993 1802-50 Amount I $ 70,000.00 I $ 61,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail. asp?F olioID=0000079420040008 5/12/2005 Details Page I of I 1\ IIIIIIII Current Ownership Folio No.1179420080000 Map II Property Addressll260 SOUTH BAY DR Owner Namell HAINS TR, TIMOTHY G Addresses ITF PALMS TRUST 2-15-97 % SUSAN HANSON 15 S 5TH ST STE 900 City MINNEAPOLIS I State II MN ZlPll55402 -1060 Legalll VANDERBILT PALMS CONDO APT I #102 Township 48 Acres o I I II -t Millage Area II 164 Section 33 Range 25 Map No. 3A33 Strap No. 684400 #1023A33 -t~ 13.3115 Sub No. -t Use Code 684400 4 II VANDERBILT PALMS CONDOMINIUM II CONDOMINIUM 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 I I (+) Improved Value $ 132,799.00 I (=) Market Value $ 132,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 132,799.00 H Homestead and other Exe $ 0.00 (=) Taxable Value $ 132,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. I Date Book - PaQe Amount I 03 /1998 2395 - 459 $ 81,500.00 I 03 /1996 I 2161-1239 $ 69,500.00 111IIIII The Information is Updated Weekly, http://www.collierappraiser.comlRecordDetai 1. asp?F olioID=0000079420080000 5/12/2005 Details Page 1 of I I:IIIIIII Current Ownership Folio No.1179420120009 Mlw II Property Addressll260 SOUTHBAY DR 8 '" tt }.~ ~._- Owner Namell VAZ, RICHARD Addressesl' ERIC HANSEN 131 ASPEN CT Cityll HAMBURG State II NJ Zipll 07419 -1234 Legal VANDERBILT PALMS CONDO APT #103 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #1 033A33 Sub No. .IfJ Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM .IfJ Millage Area 164 .IfJ ~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 Date Book. Page I Amount I (+) Improved Value $ 132,799.00 03/1999 2526 - 9a9 I $ 105,000.00 I (=) Market Value $ 132,799.00 03/1998 2400 - 587 I $ 85,000.00 I I H SOH Exempt Value II $ 0,00 I I (=) Assessed Value II $ 132,799.00 I I (.) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly, http://www.collierappraiser.com/RecordDetai 1. asp?F olioID=0000079420 120009 5/12/2005 Details Page 1 of 1 :'~' -, - Current Ownership Folio No.1179420160001 Mall II Property Addressll260 SOUTHBAY DR t.. Owner Name HINTON, RALPH M=& BRENDA A I Addresses 260 SOUTH BAY DR UNIT 104 I City NAPLES II State II FL II zlPl134108 - 2338 I Legalll VANDERBILT PALMS CONDO APT I #104 OR 1501 PG 460 Section Township Range Acres 33 48 25 0 Sub No. 684400 VANDERBIL T PALMS CONDOMINIUM "tl Use Code 4 CONDOMINIUM Map No. 3A33 Strap No. 684400 #1043A33 "tl Millage Area 164 "tl MiII.ag.e 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 II (+) Improved Value $ 132,799.00 I (=) Market Value $ 132,799.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other $ 0.00 (=) Taxable Value $ 132,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 12/2003 01/1990 Book - Page Amount 3459 - 2293 $ 0.00 150t-460 $ 62,500.00 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=0000079420 16000 1 5/1212005 Details Page I of I ....',,... - Current Ownership Folio No.1179420200000 Map II Property Addressll260 SOUTH BAY DR Owner Namell HAINS, TIMOTHY G Addresses I TAD 12-15-97 % SUSAN HANSON 5TH ST STE 900 Cltyll MINNEAPOLIS II State II MN ZIpl155402 -1060 Legalll VANDERBILT PALMS CONDO APT I #105 Section Township Range Acres 33 48 25 0 Sub No. 684400 I VANDERBILT PALMS CONDOMINIUM Use Code 4 I CONDOMINIUM Strap No. 684400 #1053A33 ~ Millage Area 164 ~~ 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I Date II (+) Improved Value $ 132,799.00 I 04/1998 II (=) Market Value $ 132,799.00 (-) SOH Exem $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $132,799,00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Amount I $ 83,500.00 I Book - Page 2405 - 808 - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F 0 lioID=0000079420200000 5/12/2005 Details Page 1 of 1 an . t~ Ii ~~ - Current Ownership Folio No.1179420240002 MAA II Property Addressl1260 SOUTHBAY DR Owner Namell GUERRIERO, MICHAEL=& ELEANOR Addressesl130 HAROLD AVE Cltyll CORNWALL State II NY ZIpl112518 -1206 Legal VANDERBILT PALMS CONDO APT #106 OR 1605 PG 2079 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #1 063A33 Sub No. -t Use Code 684400 4 I VANDERBILT PALMS CONDOMiNIUM I CONDOMINIUM -t Millage Area 164 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book - Page Amount Land Value $ 0.00 (+) Improved Value $ 132,799.00 (=) Market Value $ 132,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $132,799.00 (-) Homestead and other Exempt V $ 0.00 (=) Taxable Value $ 132,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F olioID=0000079420240002 5/1212005 Collier County Property Appraiser Page 1 of 1 .~ Zoom To Selected UAP SIZE: i!!MAU. I MEDIUM I UItG. ~\.\~I COil.+; N fLOfUOA . Introduction . Search for Parcels . Search Results Folio Number: 79420440006 Name: VAALA, HOWARD=& FRANCESCA Street# & Name: 260 SOUTHBAY DR Build# I Unit#: / #111 .~lfd. Folio Number: 79420480008 Name: DUNN, JOHN R=& MARGOT R Street# & Name: 260 SOUTHBAY DR Build# I Unlt#: 1#112 .lflfll. Folio Number: 79420520007 Name: SIMMONS TRS, ROY C=& MARY L Street# & Name: 260 SOUTHBAY DR Buiid# I Unit#: / #114 .~fll. Folio Number: 79420560009 Name: HAINS TR, TIMOTHY G Street# & Name: 260 SOUTHBAY DR Build# I Unit#: 1#115 _Iflfll. Folio Number: 79420600008 Name: HERBERT, ROBERT R=& BARBARA Street# & Name: 260 SOUTHBAY DR Build# I Unit#: 1#201 .lflfll. Folio Number: 79420640000 Name: HAINS TR, TIMOTHY G Street# & Name: 260 SOUTHBAY DR Build# I Unit#: / #202 .i'Jta. Folio Number: 79420680002 Name: HAINS TR, TIMOTHY G Street# & Name: 260 SOUTHBA Y DR -\ ;)03 - ;;(O~ Aerial Photography: Urban - January 2004. Rural - January 2003 http://maps.collierappraiser .com/webmap/Map.aspx?msize= L 5/12/2005 Details Page 1 of 1 t " 11IIII Current Ownership Property Addressl1260 SOUTHBA Y DR Folio No.1179420280004 Mil.!) II Owner Namell HAINS TR, TIMOTHY G Addresses I TAD 12-15-97 IITF PALMS TRUST 115 S 5TH ST STE 900 cityll MINNEAPOLIS II Statell MN Zipl155402 -1060 Legalll VANDERBILT PALMS CONDO APT I #107 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #1073A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I (+) Improved Value $ 132,799.00 I (=) Market Value $ 132,799.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 132,799.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Book - Page Amount 06/1999 2564 ~. 379 $ 105,000.00 10/1996 2234 -1800 $ 75,000.00 - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=0000079420280004 5/1212005 Details Page 1 of 1 ;, 8."" 'lA - Current Ownership Folio No.1179420320003 MaR II Property Addressl1260 SOUTHBAY DR - Owner Namell GRIPPi, FRANK=& LYNDA Addressesl1473 UNIVERSITY PL cityll GROSSE POINTE II State II MI ziPl148230 -1637 Legalll VANDERBILT PALMS CONDO APT I #108 OR 1249 PG 1154 Section II Township Range Acres 33 II 48 25 0 Sub No. II 684400 I VANDERBILT PALMS CONDOMINIUM -t Use Code II 4 I CONDOMINIUM Map No. 3A33 Strap No. 684400 #1 083A33 -t Millage Area 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 132,799.00 (=) Market Value $ 132,799.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other Exempt Value $ 0.00 Book - Page Amount Date I (=) Taxable Value II $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=00000794203 20003 5/12/2005 Details Page 1 of 1 ~.;:.~- Current Ownership Folio No.1179420360005 MAA II Property Addressl1260 SOUTHBAY.L~R +, Owner Name KAZMIERCZAK TR, LAWRENCE P I Addresses ~RLENE J KAZMIERCZAK TR I I KAZMIERCZAK TRUST I I DATED 04/14103 I 1874 CHERI LN I cityll MENDOTA HTS State II MN Zip~ 55120 -1408 Legalll VANDERBILT PALMS CONDO APT I #109 Section Township Range Acres 33 48 25 0 Sub No. 684400 VANDERBIL T PALMS CONDOMINIUM -t Use Code 4 CONDOMINIUM Map No. 3A33 Strap No. 684400 #1 093A33 -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $132,799.00 (=) Market Value $ 132,799.00 (-) SOH Exempt Value $ 0.00 I (=) Assessed Value II $ 132,799.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 3298 - 1353 3022 - 479 1325 - 359 Amount I $ 0.00 I $ 158,000.00 $ 65,000.00 -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F 0 lioID=00000794 20360005 5/1212005 Details Page 1 of 1 - Current Ownership Folio NO.1179420400004 M...aP" Property Addressll260 SOUTH BAY DR ~ .~ :::=J Owner Name HAINS TR, TIMOTHY G Addresses PALMS TRUST UTD 12/15197 15 S 5TH ST STE 900 City MINNEAPOLIS lr State II MN II ziPIl 55402 - 1060 I Legalll VANDERBILT PALMS CONDO APT I #110 Section II Township Range Acres 33 II 48 25 0 Sub No. 684400 VANDERBIL T PALMS CONDOMINIUM -t Use Code 4 CONDOMINIUM Map No. 3A33 Strap No. 684400 #11 03A33 -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 II I I Date 05/1999 02/1987 Book - Page Amount 2542 -1117 $ 99,000.00 1252 -1091 $ 59,900.00 (+) Improved Value $ 132,799.00 (=) Market Value $ 132,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 132,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=0000079420400004 5/1212005 Details Page 1 of! 8 - Current Ownership Folio No.1179420440006 MAA II Property Addressll260 SOUTHBAY DR . (. Owner Namell VAALA, HOWARD=& FRANCESCA Addressesll7591 HILLSIDE TRL S cityll COTTAGE GROVE II State II MN ZIpll55016 - 3119 Legalll VANDERBiLT PALMS CONDO I APT #111 Section I Township Range Acres Map No. Strap No. 33 I 48 25 0 3A33 684400 #1113A33 Sub No. II 684400 II VANDERBiLT PALMS CONDOMINIUM -t Millage Area -t MlJl.a.ge -t Use Code II 4 II CONDOMINIUM 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I Date II Book - Page I (+) Improved Value $ 132,799.00 I 11 /1994 II 2002m- 1829 I (=) Market Value $ 132,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other Exempt va~f $ 0.00 (=) Taxable Value $ 132,799.00 Amount I $ 69,200.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F 0 lioID=00000794 20440006 5/1212005 Details Page 1 of 1 4 - Current Ownership Folio No.1179420480008 Ma.Q II Property Addressll260 SOUTH BAY DR c\ ., DUNN, JOHN R=& MARGOT R Address 0 R & ARLENE M SARNOWSKI 1066 N 120TH ST Cltyll MILWAUKEE State II WI Lega'll VANDERBILT PALMS CONDO I APT #112 ZIPll53226 - 3306 Section Township Range Acres 33 48 25 0 Sub No. II 684400 I VANDERBILT PALMS CONDOMINIUM -t Use Code II 4 I CONDOMINIUM Map No. 3A33 Strap No. 684400 #1123A33 -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 129,799.00 (=) Market Value $ 129,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 129,799.00 (-) Homestead and other Exempt Value $ 0.00 Amount I $ 18,000.00 I Book - Page 2173 - 419 I (=) Taxable Value II $ 129,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F olioID=0000079420480008 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179420520007 Map II Property Addressll260 SOUTHBAY DR Owner Namell SIMMONS TRS, ROY C=& MARY L Addresses I TAD 1215/91 I SIMMONS REVOCABLE TRUST 113125 W PARK AVE cityll NEW BERLIN II State II WI ziPl153151 - 2674 Legal VANDERBILT PALMS CONDO APT #114 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #1143A33 Sub No. -t Use Code 684400 4 I VANDERBILT PALMS CONDOMINIUM I CONDOMiNIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 129,799.00 (=) Market Value $ 129,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 129,799.00 I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 129,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 10 / 200 12/199 03/1996 Book - Page 272.6 - 2499 262S - 361 2162 -J917 Amount $ 23,000.00 $ 0.00 I $ 36,000.00 I - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F 0 lioID=00000794205 20007 5/1212005 Details Page 1 of 1 - Current Ownership Folio NO.1179420560009 Map II Property Addressl1260 SOUTHBAY DR 8A Owner Name HAiNS TR, TIMOTHY G I Addresses TAD 12/15/97 PALMS TRUST I I % VANDERBILT ENTERPRISES I 115 S 5TH ST STE 900 I Cltyll MINNEAPOLIS Statell MN Legalll VANDERBILT PALMS CONDO I APT #115 ziPll55402 - 1060 Township 48 Acres o Section 33 Range 25 Strap No. 684400 #1153A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 132,799.00 (=) Market Value $132,799.00 (-) SOH Exempt Value $ 0.00 Book - Pa e 272.2 - 295J 2597- 2148 Amount I $ 113,000.00 I $ 105,000.00 I I (=) Assessed Value II $ 132,799.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp ?F olio ID=00000794205 60009 5/12/2005 Details Page 1 of 1 t :fr' - Current Ownership Folio No.1179420600008 MAA II Property Addressl1260 SOUTHBAY DR Owner Name HERBERT, ROBERT R=& BARBARA I Addresses 132 N 19TH ST I City KENILWORTH lr State II NJ II Zlpll 07033 -1241 I Legal\1 VANDERBILT PALMS CONDO I APT #201 Section Township Range Acres 33 48 25 0 Sub No. II 684400 I VANDERBILT PALMS CONDOMINIUM -t Use Code II 4 I CONDOMINIUM Map No. 3A33 Strap No. 684400 #2013A33 -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $158,731.00 (=) Market Value $ 158,731.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $158,731.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $158,731.00 Book - Page 2115-931 1937 ~.2270 Amount I $ 87,100.00 $ 74,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=0000079420600008 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179420640000 Ma-p II Property Addressl1260 SOUTH BAY DR Owner Namell HAINS TR, TIMOTHY G Addresses I PALMS TRUST I UTD 12/15197 ANDERBIL T ENTERPRISES S 5TH ST STE 900 MINNEAPOLIS I State II MN ZIpl155402 -1060 Legalll VANDERBILT PALMS CONDO I APT #202 Section Township Acres Map No. Strap No. 33 48 0 3A33 684400 #2023A33 Sub No. 684400 VANDERBILT PALMS CONDOMINIUM -t Millage Area -t Millage -t Use Code 4 CONDOMINIUM 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Amount I $ 136,500.00 I $ 127,000.00 $ 62,500.00 Land Value $ 0.00 II (+) Improved Value $ 135,799.00 I (=) Market Value $ 135,799.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 135,799.00 (-) Homestead and other E $ 0.00 (=) Taxable Value $ 135,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 08 / 2000 04 / 2000 0111996 Book - Page 271..6 ~651 2662 - 2796 2137-790 - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F olioID=000007942 0640000 5/12/2005 Details Page 1 of 1 11IIII Current Ownership Folio No.1I79420680002 MAA II Property Addressl1260 SOUTH BAY DR Owner Namell HAINS TR, TIMOTHY G Addresses I TAD 12/15197 PALMS TRUST I I % VANDERBILT ENTERPRISES I 115 S 5TH ST STE 900 I City MINNEAPOLIS 1[ Statell MN II ZIpll55402 -1060 I Legall' VANDERBILT PALMS CONDO I APT #203 Section Township Range II Acres Map No. Strap No. 33 48 25 II 0 3A33 684400 #2033A33 Sub No. 684400 VANDERBILT PALMS CONDOMINIUM -t Millage Area -t MlJl.a.ge -t Use Code 4 CONDOMINIUM 164 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II I (+) Improved Value $ 135,799.00 II I (=) Market Value $ 135,799.00 II I (-j SOH Exempt Value $ 0.00 II I (=j Assessed Value $ 135,799.00 I (-j Homestead and other E $ 0.00 (=) Taxable Value $ 135,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date II Book - Page II Amount I 09 / 2000 II ';1.722 -2948 II $ 133,000.00 I 04 I 2000 I 2661 -2154 $ 131,000.00 1211997 I 2372 - 552 $ 84,900.00 - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F olioID=0000079420680002 5/1212005 Details Page 1 of 1 Folio NO.1179420720001 M.U2 II - Current Ownership Property Addressll260 SOUTH BAY DR 8 p; Owner Namell VEATCH, MARCUS R Addresses J?A ViD M POWLEN ~o W 50TH ST APT 5P City NEW YORK 11 State II NY I I I I ZIPl110019 - 6712 I I I Legalll VANDERBILT PALMS CONDO I APT #204 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #2043A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t Millage Area 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book - Page 1408- 998 Amount I $ 0.00 I Land Value $ 0.00 I (+) Improved Value $ 135,799.00 I (=) Market Value $ 135,799.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 135,799.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value II $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F 0 lioID=000007942072000 1 5/1212005 Details Page 1 of 1 - Current Ownership Folio No.1179420760003 Map II Property Addressl1260 SOUTH BAY DR Owner Name HAINS TR, TIMOTHY G Addresses TAD 12/15/97 PALMS TRUST % VANDERBILT ENTERPRISES 15 S 5TH ST STE 900 City MINNEAPOLIS II State II MN II ZIpl155402 -1060 I Legalll VANDERBILT PALMS CONDO I APT #205 Township 48 Section 33 Acres o Map No. 3A33 Strap No. 684400 #2053A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 I I (+) Improved Value $ 135,799.00 I I (=) Market Value $ 135,799.00 I I (-j SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 135,799.00 I (-) Homestea $ 0.00 (=) Taxable Value $ 135,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. I Date I Book - Page Amount I 08 / 2000 I 2716 - 649 $ 128,000.00 I 11/1999 I 2606 - 2580 $ 126,900.00 I 06 /1994 1956-231 $ 61,000.00 I 09 / 1993 1865 - 2146 $ 0.00 - The Infonmation is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=00000794207 60003 5/12/2005 Details Page 1 of 1 11IIII Current Ownership Folio NO.1179420800002 MAA II Property Addressl1260 SOUTH BAY DR Owner Name CAIGNET TR, ROBERT A Addresses ROBERT CAIGNET REV TRUST u , ... vv, ~102 I PO BOX 1495 I Cltyll LABELLE State II FL zipl133975 - 1495 Legall VANDERBILT PALMS CONDO APT #206 Section 33 Township 48 Range 25 Acres o Strap No. 684400 #2063A33 684400 4 I VANDERBILT PALMS CONDOMINIUM I CONDOMINIUM Sub No. -t Use Code -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value I $ 0.00 (+) Improved Value $ 135,799.00 (=) Market Value $ 135,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 135,799.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $135,799.00 I Date Book - Page Amount I 10 / 2003 3432 - 68 $ 170,000.00 I 05 11991 I 1618-37 $ 67,500.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - '"' .. o. The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=0000079420800002 5/1212005 Collier County Property Appraiser Page 1 of 1 Zoom To Selected UAP StzE: SMAll. I UEDlUM I t..Il.IlQ. ~\.\~ICOil.... fJj FlORiOA . Introduction . Search for Parcels by . Search Results Folio Number: 79420840004 Name: HAINS TR, TIMOTHY G Street# & Name: 260 SOUTHBAY DR Build# I Unlt#: I #207 .lflfll. Folio Number: 79420880006 Name: CAIGNET, ROBERT A Street# & Name: 260 SOUTHBAY DR Build# I Unit#: I #208 .lfll'll. Folio Number: 79420920005 Name: SACCOCCIO JR TR, DANIEL J Street# & Name: 260 SOUTHBAY DR Build# I Unitt: / #209 .~I'll. Folio Number: 79420960007 Name: BLANCO, FRANCISCO E=& MARIA E Street# & Name: 260 SOUTHBA Y DR Build# I Unit#: 1#210 .~I'll. Folio Number: 79421000005 Name: PARLETE, D JANE Street# & Name: 260 SOUTHBAY DR Build# I Unlt#: 1 #211 .;'11':1. Folio Number: 79421040007 Name: VALDIVIA TR, STEVEN DAVID Street# & Name: 260 SOUTHBAY DR Build# / Unit#: / #212 .;'II'lI. Folio Number: 79421080009 Name: HAINS TR, TIMOTHY G , . .2\Y +.)\'5 f #JlIfUC I(/~ #/tINS PIJ~,Y)t~T ('frvl) () AsS.)C ilYYr/ /r/ Aerial Photography: Urban - January 2004, Rural - January 2003 http://maps.collierappraiser .comlwebmaplMap .aspx ?msize= L 5/1212005 Details Page 1 of 1 -- Current Ownership Folio No.1179420840004 Map II Property Addressl1260 SOUTH BAY DR ISl'i Owner Nam~ENS TR, TIMOTHY G Addresses D 12-15-97 ITF PALMS TRUST 15 S 5TH ST STE 900 City MINNEAPOLIS II State II MN II ZIpll55402 -1060 I Legalll VANDERBILT PALMS CONDO I APT #207 Section Township Range Acres 33 48 25 0 Sub No. II 684400 I VANDERBILT PALMS CONDOMINIUM -t Use Code II 4 I CONDOMINIUM Map No. 3A33 Strap No. 684400 #2073A33 -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 Date Book - Page I Amount I (+) Improved Value $ 135,799.00 06/1999 2559 - 1589 I $ 104,000.00 I (=) Market Value $135,799.00 0411996 2112 - 2362 I $ 75,000.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 135,799.00 H Homestead and other Ex $ 0.00 I (=) Taxable Value II $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=0000079420840004 5/1212005 Details Page 1 of 1 11IIII Current Ownership Folio NO.1179420880006 MAA II Property Addressl1260 SOUTH BAY DR Statell FL Zlpll33975 - 1495 Legalll VANDERBILT PALMS CONDO I APT #208 Township 48 Section 33 Acres o Map No. 3A33 Strap No. 684400 #2083A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 135,799.00 (=) Market Value $ 135,799.00 (-) SOH Exempt Value $ 0.00 Amount I $ 104,000.00 I $ 78,500.00 I Date 0611999 02/1997 Book - Page 2561 - 1160 2279- 1196 I (=) Assessed Value II $ 135,799.00 I I (-j Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=00000794208 80006 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179420920005 MaR II Property Addressll260 SOUTHBAY DR Owner Namell SACCOCCIO JR TR, DANIEL J Addresses I MARY ELLEN SACCOCCIO TR I I DANIEL J SACCOCCIO JR TRUST I MARY ELLEN SACCOCCIO TRUST I II 3 OCEAN ST I cityll QUINCY II Statell MA II Zip II 02171 -1850 I Legalll VANDERBILT PALMS CONDO 209 Section 33 Range 25 Acres o Map No. 3A33 Strap No. 684400 #2093A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I Date I Book - Page (+) Improved Value $ 135,799.00 I 11 1 2003 3438 - 3313 (=) Market Value $135,799.00 I 08 11995 2087 - 1950 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 135,799.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 135,799.00 Amount I $ 0.00 I $ 68,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=00000794 20920005 5/12/2005 Details - Current Ownership Folio No.1179420960007 Mall II Property Addressll260 SOUTHBA Y DR Page 1 of 1 , ~'f;t Oii I I I Owner Name BLANCO, FRANCISCO E=& MARIA E Addresses 6894 RAIN LILY RD APT 101 Cltyl NAPLES II State II FL ziPl134109 - 6135 I I I Legal VANDERBILT PALMS CONDO APT #210 OR 1875 PG 2 Section Township Range Acres 33 48 25 0 Sub No. 684400 VANDERBiLT PALMS CONDOMINIUM -t Use Code 4 CONDOMINIUM Map No. 3A33 -t Millage Area 164 Strap No. 684400 #2103A33 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 0.00 I Date II Book - Page 1 (+) Improved Value $ 135,799.00 I 10/1993 II 1875. ~..2 I (=) Market Value $ 135,799.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 135,799.00 I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. .- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=000007942 0960007 Amount I $ 77,000.00 I 5/1212005 Details Page 1 of 1 - Current Ownership Folio No.1179421000005 MAA II Property Addressl1260 SOUTHBAY DR Owner Namell PARLETE, D JANE Addressesll 369 WETMORE RD Cltyll COLUMBUS II State II OH Zipl143214 - 2115 Legal VANDERBILT PALMS CONDO APT #211 Section Townshi Range Acres 33 48 25 0 Sub No. 684400 II VANDERBILT PALMS CONDOMiNIUM -t Use Code 4 II CONDOMINIUM Map No. 3A33 Strap No. 684400 #2113A33 -t Millage Area 164 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 135,799.00 (=) Market Value $ 135,799.00 (-) SOH Exempt Value $ 0.00 Amount I $ 79,500.00 I Date II 05/1997 II Book - Page 2311 ~ 447 I (=) Assessed Value II $ 135,799.00 I I (-j Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai I. asp?F olioID=0000079421 000005 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1179421040007 Ma.Q II Property Addressll260 SOUTHBAY DR Owner Name VALDIVIA TR, STEVEN DAVID I Addresses BERNICE BALDIViA TRUST I I STEVEN & BERNICE VALDlV TRUST I I UTD 07121104 I 11708 SOPLO RD SE I Cityll ALBUQUERQUE State II NM Zipl187123 - 4485 Legal VANDERBILT PALMS CONDO APT #212 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #2123A33 Sub No. -t Use Code 684400 4 VANDERBILT PALMS CONDOMINIUM CONDOMINIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 132,799.00 (=) Market Value $ 132,799.00 I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value II $ 132,799.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 132,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 3666 - 3712 3540. - 2530 28.61 - 1223 2155-2044 1963 -1622 Amount I $ 0.00 $ 156,000.00 I $ 127,900.00 $ 71,000.00 $ 65,000.00 - The Infonmation is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=00000794 21040007 5/1212005 Details Page 1 of 1 11IIII Current Ownership Property Addressll260 SOUTHBA Y DR 8_'.. -""., Folio No.1179421080009 Ma.Q II Owner Name HAINS TR, TIMOTHY G Addresses TAD 12-15-97 PALMS TRUST STE 900 Cltyll MINNEAPOLIS II Statell MN zipl155402 -1060 Legalll VANDERBILT PALMS CONDO I APT #214 Section 33 Township Range Acres Map No. Strap No. 48 25 0 3A33 684400 #2143A33 684400 I VANDERBILT PALMS CONDOMINIUM -t Millage Area -t MlJl.a.ge 4 I CONDOMINIUM 164 13.3115 Use Code 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Amount I $ 105,000.00 I $ 63,500.00 I I Land Value $ 0.00 I I (+) Improved Value $ 132,799.00 I (=) Market Value $ 132,799.00 (-) SOH E $ 0.00 (=) Assessed Value $ 132,799.00 (-) Homestead and other E $ 0.00 (=) Taxable Value $ 132,799.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page 2564. ~378 1820.-1872 - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F olioID=0000079421 080009 5/1212005 Details Page 1 of 1 ' - Current Ownership Property Addressll260 SOUTH BAY DR Folio No.1179421120008 MAA II Owner Namell SMITH, PAMELA 0 Addresses 170 BONDVILLE RD I BOX 144 RR 2 I KNOWLTON QUEBEC Country II CANADA Foreign Mail Code II JOE 1 - VO Legal VANDERBILT PALMS CONDO APT #215 Section 33 Township 48 Range 25 Acres o Map No. 3A33 Strap No. 684400 #2153A33 Sub No. -t Use Code 684400 4 I VANDERBILT PALMS CONDOMINIUM I CONDOMINIUM -t Millage Area 164 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book - Page 171.:2 ~ 666 Amount $ 65,000.00 I Land Value $ 0.00 I I (+) Improved Value $ 135,799.00 I I (=) Market Value $ 135,799.00 I I (-) SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 135,799.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 135,799.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=000007942112 0008 5/12/2005 Details Page 1 of 1 - Current Ownership Property Addressll SOUTH BAY DR Folio No.1179120720000 MAA II Owner Namell REFERENCE ONLY Address Country Foreign Mail Code II - VANDERBILT BCH CENTER BLK A R 40, NKA BAREFOOT PELICAN CONDO PH 2 Section Township Range Acres 32 48 25 0 Sub No. 681700 I VANDERBILT BEACH CENTER -t Use Code 0 I VACANT RESIDENTIAL Map No. REF I I II -t Millage Area II 174 -t MIllage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 II Date (+) Improved Value $ 0.00 I (=) Market Value $ 0.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Value $ 0.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 0.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page Amount L()\)\l\\1 0~V .. Iil ~o ~ 0\~ cb elf flN M ) Lt1f\. 't)L:[J \:1 ~.lr'~L0 ) - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=0000079120720000 5/12/2005 Details Page ~i of1 ,I 11IIII Current Ownership Folio No.1179120760002 MAA II Property Addressll SOUTH BAY DR REFERENCE ONLY Foreign Mall Codell - Leg"11 VANDERBILT BC" CENTER BLK A I PAR 42, NKA BAREFOOT PELICAN I CONDO PH 2 Section II Township Range Acres 32 II 48 25 0 Sub No. II 681700 II VANDERBILT BEACH CENTER -t Use Code II 0 II VACANT RESIDENTIAL Map No. REF Strap No. 681700 A 42 REF -t Millage Area 174 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 I (+) Improved Value $ 0.00 I (=) Market Value $ 0.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 0.00 (-) Homestead a $ 0.00 (=) Taxable Value $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page Amount Date !? if) Lot,) {? -0\\l) J c ~~\(0~l~} - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F olioID=000007912 07 60002 5/12/2005 Division of Corporations Page I of2 8A Florida Non Profit VANDERBILT PALMS CONDOMINIUM OWNERS ASSOCIATION, INC. PRINCIPAL ADDRESS 260 SOUTHBA Y DRIVE NAPLES FL 34108 US Changed 05/01/2001 MAILING ADDRESS POBOX 7622 NAPLES FL 34101-7622 US Changed 05/04/2005 Document Number N02859 FEI Number 592544076 Date Filed 05/02/1984 State FL Status ACTIVE Effective Date NONE egIs ere .gen I Name & Address I MCFATTER, GLEB M 3150 SAFE HARBOR DRIVE NAPLES FL 34] 17 I Name Changed: 05/04/2005 I I Address Changed: 05/04/2005 I R .t dA t Officer/Director Detail I Name & Address II Title I V AALA, FRANCESCA c:J 2699 WINDSOR BA Y SAINT PAUL MN 55125 BLANCO, FRANK D 6894 RAIN LILY RD # 10 I NAPLES FL 34109 I SARNOWSKI, DON II I 1066 W 120TH ST http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =N02859&n2=NAMFWD&n3=... 8/24/2005 Division of Corporations Page 20f2 I WAUWATOSA WI 53226 II DST I SIMMONS, ROY D 13125 W PARK AVENUE NEW BERLIN WI KAZMERCZAK,LARRY c:J 871 CHERI LANE SAINT PAUL MN 55[20 A lR nnua eports I Report Year II Filed Date I I 2003 II 04/21/2003 I I 2004 II 04/26/2004 I I 2005 II 05104/2005 I [ Next Filing] Previous Filing [ Return to List] No Events No Name History Information Document Images Listed below are the images available for this filing. 05/04/2005 -- ANN REP/UNIFORM BUS REP 04/26/2004 -- ANN REP/UNIFORM BUS REP 04/21/2003 -- ANN REPIUNIFORM BUS REP 04/29/2002 -- COR - ANN REP/UNIFORM BUS REP 05/01/2001 -- ANN REP/UNIFORM BUS REP 04/20/2000 -- ANN REP/UNIFORM BUS REP 02/27/1999 -- ANNUAL REPORT 03/26/1998 -- ANNUAL REPORT 05/09/1997 -- ANNUAL REPORT 03/26/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n1 =N02859&n2=NAMFWD&n3=... 8/24/2005 2005 NOT-FOR.PROFIT CORPORATION ANNUAL REPORT DOCUMENT # N02859 1. Entily Name VANDERBILT PALMS CONDOMINIUM OWNERS ASSOCIATION,INC. .., .. Principal Place of a~ 260 SOUTHBAY DRIVE NAPlES. Fl 34108 US Malling Address ClOCONOOMINUIM UGRS 853 VANDERBILT BRANCH #263 NAPlES. Fl 34108 US SuIIe. Apt t, etc. 2.. Principal Place of Business City & S\a18 Zip Cou'Itry .. N_ ancI AcIdrMS of eurr.ll ROBBINS, GRANT 853 VANDERBILT BEACH ROAD SUITE 263 NAPLES, FL 34108 a. The ebo\Ie named entity submillIlhilI s Ihe obIigaIions of registered -"I. SIGNATURE 10. TlIlE - S1ll!IT ,IOOf5S CITY - SJ - 21' mu: - sn&l ,IOOf5S CITY - SJ- 21' l1llf NMIE STRIfT .lIDlESS CITY - SJ-lI' mu NAIl[ S1IlI1T ADlll6S CITY -ST-ZIP IITU - sn&l ,IOOf5S CITY- SJ-lI' TlIlE NoIME Sl1IfIT AIllIlESS CIJY-ST-lI' ).. Country FILED May 04, 2005 8:00 am Secretary of State 05-04-2005 90132 033 ****61.25 IIIIIIIIIIIIIIII~II 02212005 Chg.NP CR2E037 (1CY03) Appled For Ncx Applicable $8.75 AdcIilionaI Fee Requinld Agent Filing F_1a $61.25 0.. by IIIay 1, 2005 OFFICERS AND DIRECTORS 0. EIoction Carr4>aign Fmancing Trust Fund ConlribuIion. 4. FEI Number 59-2544076 5.. Cert~icate of Status Desired o --.... tw-da P'i*d,...1ii CNO~ ~"""IIigOOOA__.--.o) DATE OST VAALA.,.FRANCESCA 2699 WINDSOR BAY SAINT PAUL, MN 55125 o BlANCO, FRANK 6894 RAIN lILY RO " 101 NAPLES, Fl 34109 OVP SARNOWSKI. DON 1066 W 120TH ST WAUWATOSA, WI 53226 o SlMMONS. ROY 13125W. PARK AVENUE NEW BERliN, WI DP KAZMERCZAK. LARRY 811 CHERI LANE SAINT PAUL, MN 55120 Ollelelt ". TIll! NAME S1ll!IT AIllIlESS tITY . ST . ZIP TIll! NAIl[ S1ltIIl AIlllIISS CITY-Sf. ZP mu: - S11lIE1 AIlIlRESS CIJY.SJ.lI' l1llE NAIl[ S1ll!IT ,IOOf5S CITY, Sf.lIP TIll! NAIIE S11IEFI AllIllUS CITY-ST-ZP l1llE NAIIE S1ltIIl .\DlIIlSS CIJY.Sf-lIP o $5.00 M.sy Be Added to F_ IIaU check payable to FlofIdlI OIIpartment of StBte OOelele o 0eIIlt ODllels Ollelete o DeleIe ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10 D V f Cllange 0 MlllIan o ClIiInge 0 AIIlllllon b.$1'" CIIange 0 MlllIan o Change 0 AddiIIoIl o Cllallge 0 MIllion o C/Jange 0 AddlUoD '2.. I henlby certify lhat lll8 inlormallon supptied wilh !his Illing _ no! qu8ll1y for Ihe .-nptlon stal8d In SecIlon 119.07(3)(1). Aorida St8tute$. , Iurlher ~ 1hal1he Infcrmation indicated on this report or supplemenllll report is lI'lJe and eccurat8 and thal my llignab..W8 shall hlMlltle same legal efled as It made under oath; 1I1a1' am an officer Of dir8Clllr of the CDlpOfalion orlhe rec:etver em~ IDe. !hie report B8 required by Chapter 617, Aorida SlIIlul8e: and 1hal my name appIllltS In Block 10 or Block 11 ff changed. or on an et\lIClment wi adct'll88, wiIh eJl SIGNATURE: __I ~ ,/p bJ (J,5'1flw-96..?/ 0. Details Page 1 of 1 '.1 11I1III Current Ownership Property Addressll SOUTHBAY DR Folio No.1179121080008 Ma.P II Owner Namell REFERENCE ONLY Addresses Country Legal VANDERBILT BEACH CENTER BLK B VANDERBILT PALMS CONDO OR 1138 PG 409 Foreign Mail Codell - Township 48 Section 32 Range 25 Acres o Map No. REF Strap No. 681700 B 15 REF Use Code 681700 o VANDERBILT BEACH CENTER VACANT RESIDENTIAL -t~ 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 0.00 (=) Market Value $ 0.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 0.00 (-) Homestead and other E $ 0.00 (=) Taxable Value $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book - Page Amount Date 11IIII The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=0000079121 080008 8/24/2005 -- - Current Ownership Folio No.1179121120007 Mipll Property Addressll SOUTHBAY DR Page 1 of I ~1< 8 ~ f .. ~I . r. -- Details Township 48 I I I I I I Strap No. I 681700 B 18 REF I Owner Namell REFERENCE ONLY AddressesU Countrylr 1[ Foreign Mail Codell - Le9'rANDERBllT BEACH CENTER BlK B [ LOTS 18-19 NOW VANDERBILT I PALMS CONDO OR 1138 PG 409 Acres o Map No. REF Section 32 164 Sub No. -t Use Code 681700 o VANDERBILT BEACH CENTER VACANT RESIDENTIAL -t 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 0.00 II Date [ (+) Improved Value II $ 0.00 I I (=) Market Value II $ 0.00 I Latest Sales History Book - Page Amount (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 0.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- - -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000079121120007 8124/2005 Collier County Clerk of the Circuit Court :: Document Details Print Page I of 1 ~'c...-~';;' , .', Collier County \;.", CLERK OF THE CIRCUIT COURT '~": ,'. .:'~ Document Details Recorded Date: 5/29/1985 12:00:00 PM Instrument #: 0937469 Book Type: OR Book: 1138 Page: 409 Page Count: 83 Doc Type: DECL Case Number(s): Amount: 0 Comments: DECLARATION OF CONDOMINIUM http://www.clerk.collier.fl.us/orispublicaccess/view _ document_details -print.aspx?DOCID... 8/24/2005 Print Map Page 1 of 1 0......" ok @ 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information. nc for the data herein. its use, or its interpretation. http://maps.collierappraiser .com/webmap/mapprint. aspx ?ti tle=&orient= LANDSCAPE&pa... 5/1612005 Details Page 1 of 1 - Current Ownership Property Addressll SOUTH BAY DR Folio No.1179120720000 MaR II Owner Namell REFERENCE ONLY Addresses Country Legal Foreign Mall Codell - Section Township Acres Map No. Strap No. 32 48 0 REF 681700 A 40 REF Sub No. 681700 II VANDERBILT BEACH CENTER II -t Millage Area -t Mil.Iage -t Use Code 0 II VACANT RESIDENTiAL II 174 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 II Date (+) Improved Value $ 0.00 I (=) Market Value $ 0.00 I (-) SOH Exempt Value $ 0.00 I (=) Assessed Vaiue $ 0.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 0.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book - Page Amount - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=000007912 0720000 5/16/2005 ".^,..~-;--,-;~" ^ Division of Corporations Page 1 of3 Florida Non Profit BAREFOOT PELICAN CONDOMINIUM ASSOCIATION, INC. PRINCIPAL ADDRESS 271 SOUTHBA Y DR NAPLES FL 34108 US Changed 04/30/1998 MAILING ADDRESS PO BOX 7486 NAPLES FL 34101 US Changed 04/30/1998 Document Number N01360 FEI Number 592383606 Date Filed 02/09/1984 State FL Status ACTIVE Effective Date NONE Last Event AMENDMENT Event Date Filed 05/08/2000 Event Effective Date NONE egIs ere ..gen I Name & Address I HART, STEPHEN P COLLIER FINANCIAL INC 4985 E T AMIAMI TRAL NAPLES FL 34 I 13 I Name Changed: 04/08/1997 I I Address Changed: 04/29/2004 I R .t dA t Officer/Director Detail I Name & Address II Title I COWIE, RALPH c:J 1675 KIRKWA Y LN BLOOMFIELD HILLS MI 48300 I WOOLLEY, PATRICK II I http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =NO 1360&n2=NAMFWD&n3= ... 812412005 Division of Corporations Page 20f3 I 306 MEADOW DRIVE I~ WASHINGTON MO 63090 COYNE, MARIE SD G 354 HOOVER AVE #98 BLOOMFIELD NJ 07003 SOMMERS, ERV TD c:J 2521 RAINBOW DR. PLOVER WI 54467 FERRARI, LOUIS D c:J 18 BROADWAY STONEHAM MA 02180 8A A lR rt nnua epo s I Report Year II Filed Date I I 2003 II 04/25/2003 I I 2004 II 04/29/2004 I I 2005 II 04/22/2005 I ,......._~__~__._.~_~__~.____.~'"'_k""'.._.,_;__~,.. Previous Filing Return to List] Yj~~EY~nt~ No Name History Information [ Next Filing] Document Images Listed below are the images available for this filing. 04/22/2005 -- ANNUAL REPORT 04/29/2004 -- ANNUAL REPORT 04/25/2003 -- ANN REPIUNIFORM BUS REP 04/24/2002 -- COR - ANN REP/UNIFORM BUS REP 03/28/2001 -- ANN REP!UNIFORM BUS REP 05/08/2000 -- Amendment 04/23/2000 -- ANN REP/UNIFORM BUS REP 05/04/1999 -- ANNUAL REPORT 04/30/1998 -- ANNUAL REPORT 04/08/1997 -- ANNUAL REPORT 04/15/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =NO 1360&n2=NAMFWD&n3=... 8/2412005 Division of Corporations Page 1 of I BAREFOOT PELICAN CONDOMINIUM ASSOCIATION, INC. Document Number N01360 Date Filed 02/09/1984 Effective Date None Status Active EVENT TYPE FILED DATE EFFECTIVE DATE DESCRIPTION ------------------------------------------------------------------------------ AMENDMENT 05/08/2000 AMENDMENT 07/15/1994 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/corevt.exe?a1 =DETEVE&n1 =NO 1360&n2=DOMNP 8/24/2005 2005 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N01360 Entity Name: BAREFOOT PELICAN CONDOMINIUM ASSOCIATION, INC. FILED Apr 22, 2005 Secretary of State .' ~'- Current Principal Place of Business: New Principal Place of Business: 271 SOUTHBAY DR NAPLES, FL 34108 US Current Mailing Address: New Mailing Address: PO BOX 7486 NAPLES, FL 34101 US FEI Number: 59.2383606 FEI Number Applied For ( I FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: Name and Address of Current Registered Agent: HART, STEPHEN P COLLIER FINANCIAL INC 4985 E T AMIAMI TRAL NAPLES, FL 34113 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Title: Name: Address: City-St-Zip: Tille: Name: Address: City-SI-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-SI-Zip: Date ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: PD ( ) Delete O'MALLEY, RICHARD PD 485 ALLENTOWN RD. PARSIPANNY, NJ 07054 Title: Name: Address: City-St-Zip: SD (X) Change ( ) Addition COWIE, RALPH 1675 KIRKWAY LN BLOOMFIELD HILLS, MI 48300 D (X) Change ( ) Addition WOOLLEY, PATRICK 306 MEADOW DRIVE WASHINGTON, MO 63090 VPD (X) Change ( ) Addition COYNE, MARIE SD 354 HOOVER AVE #98 BLOOMFIELD, NJ 07003 ( ) Change ( ) Addition PD (X) Change ( ) Addition FERRARI, LOUIS D 18 BROADWAY STONEHAM, MA 02180 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. VPD ( ) Delete LINDSEY, HIB VP 6075 SOUTH COUNTY RD. FRENCH LICK. IN 47432 Title: Name: Address: City-St-Zip: SD ( ) Delete COYNE, MARIE SD 354 HOOVER AVE #98 BLOOMFIELD, NJ 07003 Title: Name: Address: City-St-Zip: TD ( ) Delete SOMMERS, ERV TD 2521 RAINBOW DR. PLOVER, WI 54467 Title: Name: Address: City-St-Zip: D ( ) Delete FERRARI, LOUIS D 18 BROADWAY STONEHAM, MA 02180 Title: Name: Address: City-St-Zip: SIGNATURE: LOUIS FERRARI Electronic Signature of Signing Officer or Director PO 04/22/2005 Date Collier County Property Appraiser Page 1 of 1 8~.''''I'' .;/ Zoom To Selected UAP StZE' SfrA.AI..l I U!::DtUU IUItG. I ~\.\~ICOilf'1. tit FLORIDA . Introduction . Search for Parcels by . Search Results Folio Number: 56050040006 Name: BIANCHI TR, JOSEPH A Street# & Name: 181 SOUTHBAY DR Build# I Unit#: / 1 .~IH. Folio Number: 56050080008 Name: BIANCHI, MARIA G Street# & Name: 181 SOUTH BAY DR Build# / Unit#: 12 .lfml. Folio Number: 56050120007 Name: BIANCHI, MARY L Street# & Name: 181 SOUTHBAY DR Build# I Unit#: 13 .lflfll. Folio Number: 56050160009 Name: MULLER TR, MARK H Street# & Name: 181 SOUTH BAY DR Build# I Unit#: I 4 .i'Jfll. Folio Number: 56050200008 Name: MULLER TR, MARK H Street# & Name: 181 SOUTHBAY DR Build# I Unit#: 15 .lflfll. Folio Number: 56050240000 Name: HOGAN, DANNY A Street# & Name: 181 SOUTHBAY DR Bulld# I Unit#: 1 6 IIIIl!lflfll. . Lavers Aerial Photography: Urban - January 2004, Rural - January 2003 http://maps.collierappraiser .comlwebmap/Map .aspx ?msize= L 5/1212005 Details Page 1 of 1 - Current Ownership Folio No.1156050040006 Ma'p II Property Addressl1181 SOUTHBAY DR Owner Namell BIANCHI TR, JOSEPH A Addresses I TAD 11-11-98 IITF LITTLE MERMAiD REALTY TRST 141 ASPEN AVE cityll AUBURN DALE State II MA ~ Zip!! 02466 - 3002 Legalll LITTLE MERMAID, THE I A CONDOMINIUM UNIT 1 Section Township Range Acres Map No. Strap No. 32 48 25 0 3A32 469000 13A32 Sub No. 469000 LITTLE MERMAID, THE A CONDOMINIUM -t Millage Area -t MlJl.a.ge -t Use Code 4 CONDOMINIUM 174 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Book - Page 2555 - 3464 Amount I Land Value $ 0.00 I I (+) Improved Value $ 106,800.00 I ! (=) Market Value $ 106,800.00 I I (-j SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 106,800.00 I I (-) Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value $ 106,800.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 0.00 - :J> 08 ~D O~JocJ, U (1 -) 0 --ivw The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F 0 lioID=0000056050040006 5/1212005 Details Page 1 of 1 'J:< ; - Current Ownership Folio NO.1156050080008 MJ11211 Property Addressll181 SOUTH BAY DR Owner Namell BIANCHI, MARIA G Addressesll41 ASPEN AVE Cltyll AUBURNDALE State II MA Zipll 02466 - 3002 Legal LITTLE MERMAID, THE A CONDOMINIUM UNIT 2 Section Acres Map No. Strap No. 32 0 3A32 469000 23A32 Sub No. 469000 I LITTLE MERMAID, THE A CONDOMINIUM -t r -t MlJl.a.ge -t Use Code 4 I CONDOMINIUM 174 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value I (+) Improved Value I (=) Market Value (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 79,520.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 79,520.00 Date 0611999 0611999 0411998 Book - Page Amount 2555- 348.6 $ 0.00 255..5..- 3482 $ 0.00 2404 - 1651 $ 0.00 $ 0.00 II $ 79,520.00 II $ 79,520.00 II I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - .! .. 'P . The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F 0 lioID=000005 605 0080008 5/12/2005 Details Page 1 of 1 Folio NO.1156050120007 Mall II - Current Ownership Property Addressll181 SOUTH BAY DR It..., '" t~ !j "j 'I' Owner Namell BIANCHi, MARY L Addressesll41 ASPEN AVE cityll AUBURNDALE State II MA ziPl1 02466 - 3002 Legalll LITTLE MERMAID, THE I A CONDOMINIUM UNIT 3 Section 32 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 469000 33A32 -t Millage Area 174 -t MiIWa 13.3115 Sub No. -t Use Code 469000 4 I LITTLE MERMAID, THE A CONDOMINIUM I CONDOMINIUM 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Vaiue $ 0.00 (+) Improved Value $ 126,573.00 (=) Market Value $ 126,573.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 126,573.00 Book - Page 2555 - 3481 Amount I $ 0.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 126,573.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F 01ioID=0000056050 120007 5/12/2005 Details Page 1 of 1 - Current Ownership Folio No.1156050160009 Ma.P II Property Addressl1181 SOUTHBAY DR Owner Name MULLER TR, MARK H I Addresses 7-97 I I % SUSAN HANSON I 115 S 5TH ST STE 900 I cityll MINNEAPOLIS State II MN Zipll 55402 - 1060 Legal LITTLE MERMAID, THE A CONDOMINIUM UNIT 4 Township 48 Acres o Section 32 Range 25 Strap No. 469000 43A32 Sub No. -t Use Code 469000 4 LITTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM -t Millage Area 174 -t MlJl.a.ge 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II I (+) Improved Value $ 70,431.00 II I (=) Market Value $ 70,431.00 II (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 70,431.00 (-) Homestead and other $ 0.00 (=) Taxable Value $ 70,431.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 0611997 07 f 1995 Book - Page 2319 - 3358 2077 -993 Amount $ 46,000.00 $ 36,000.00 I - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 01ioID=000005 6050160009 5/1212005 Details Page 1 of 1 11IIII Current Ownership Property Addressl1181 SOUTHBAY DR tiA Folio No.1156050200008 MAA II Owner Namell MULLER TR, MARK H Addresses I OAT 4-17-97 I % SUSAN HANSON 115 S 5TH ST STE 900 cityll MINNEAPOLIS II Statell MN Zipl155402 -1060 LITTLE MERMAID, THE A CONDOMINIUM UNIT 5 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 469000 53A32 469000 4 I LITTLE MERMAID, THE A CONDOMINIUM I CONDOMINIUM -t Millage Area 174 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Date I 06/1997 I Book - Page 2319 - 3356 Amount $ 38,000.00 I Land Value $ 0.00 II I (+) Improved Value $ 70,431.00 II I (=) Market Value $ 70,431.00 I I (-j SOH Exempt Value $ 0.00 I I (=) Assessed Value $ 70,431.00 I (-) Homestead and oth $ 0.00 (=) Taxable Value $ 70,431.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F 0 lioID=000005605 0200008 5/1212005 Details Page 1 of 1 Folio No.1156050240000 MAA II - Current Ownership Property Addressl1181 SOUTHBAY DR fi' f' ~. HOGAN, DANNY A 181 SOUTH BAY DR # 6 NAPLES I State II FL Zip II 34108 -2378 Legal\1 LITTLE MERMAID, THE I A CONDOMINIUM UNIT 6 Section 32 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 469000 63A32 Sub No. -t Use Code 469000 4 LITTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM -t Millage Area 174 -t Millage 13.3115 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 (+) Improved Value $ 320,572.00 (=) Market Value $ 320,572.00 (-) SOH Exempt Value $ 172,686.00 (=) Assessed Value $ 147,886.00 (-) Homestead and other Exempt Value $ 25,000.00 Book - Page 2.523 -2J 47 1267 - 2190 Amount I $ 0.00 $ 127,500.00 I (=) Taxable Value II $ 122,886.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. 11IIII The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp ?F 0 lioID=0000056050240000 5/12/2005 Division of Corporations Page I of2 Be'" -, .. f"., ;,: Florida Non Profit THE LITTLE MERMAID CONDOMINIUM ASSOCIATION, INC. PRINCIPAL ADDRESS 181 COMMERCE STREET NAPLES FL 34108 US Changed 03/03/1998 MAILING ADDRESS 181 COMMERCE STREET NAPLES FL 34108 US Changed 03/03/1998 Document Number 745179 FEI Number 650643118 Date Filed 12/11/1978 State FL Status INACTIVE Effective Date NONE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 10/04/2002 Event Effective Date NONE egIs ere ,gen I Name & Address I BIANCHI, MARY L 181 SOUTH BAY DRIVE -UNIT 3 NAPLES FL 34108 I Name Changed: 03/03/1998 I I Address Changed: 03/03/1998 I R .t dA t Officer/Director Detail I Name & Address II Title I BIANCHI, JOSEPH [:J 181 SOUTH BA Y DRIVE NAPLES FL 34108 I BIANCHI, MAR Y II I http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =745179&n2=NAMFWD&n3=... 8/24/2005 Division of Corporations Page 20f2 NAPLES FL 34108 I~ G Ii t"1 '.'. x~ 181 SOUTH BAY DRV1E NAPLES FL 34108 BIANCHI, MARIA 18] SOUTH BA Y DRIVE A lR rt nnua epo s I Report Year II Filed Date I I 1999 II 02/04/1999 I I 2000 II 02/15/2000 I I 2001 II 02/28/2001 I [ Next Filing] [ Previous Filing ] [ Return to List. ] Yi~_yvEYe111$ No Name History Information Document Images Listed below are the images available for this filing. 02/28/2001 -- ANN REPIUNIFORM BUS REP 02/15/2000 -- ANN REPIUNIFORM BUS REP 02/04/1999 -- ANNUAL REPORT 03/03/1998 -- ANNUAL REPORT 04/25/1997 -- REINSTATEMENT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =745179&n2=NAMFWD&n3=... 8/2412005 Division of Corporations Page I of I i{; " THE LITTLE MERMAID CONDOMINIUM ASSOCIATION, INC. Document Number 745179 Date Filed 12/11/1978 Effective Date None Status Inactive EVENT TYPE FILED DATE EFFECTIVE DATE DESCRIPTION ------------------------------------------------------------------------------ ADMIN DISSOLUTION FOR ANNUAL REPORT 10/04/2002 REINSTATEMENT 04/25/1997 INVOLUNTARILY DISSOLVED 11/01/1985 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT I'___~~'_.____"""~__~_~_,w~_______.~_.,_..~~'_"___""_._~_,.._~,_".__~_._.~,~,___.__~__~_".~.._o_~.____'"_.~..._-,~.-.~-~,~"-..~~- http://www.sunbiz.org/scripts/corevt.exe?a1 =DETEVE&n I =745179&n2=DOMNP 8/2412005 2001 UNIFORM BUSINESS REPORT (UBR) FILED 8 DOCUMENT # 745179 Feb 28, 2001 8:00 am 1. Entity Name Secretary of State THE LImE MERMAID CONDOMINIUM ASSOCIATION. INC. 02-28-2001 90013009 ****61.25 Principal Place of Business Mailing Address 181 COUIAERCE STREET 181 COMMERCE STREET NAPLES FL 34100 NAPLES Fl 34100 IJS US ~!. Principal Place of Business 3. Mailing Address 1111111111111111111111111111111111111111111111111111111111111111111111 Suite, Apt. #, etc. Suite. Apt. #. etc. DO NOT WRITE IN THIS SPACE City & State City & State 4. FEI Number 651)643118 I I Applied For I I Not Applicable Zip I Country Zip I Country 5_ Certificate of Status Desired D $8.75 Additional Fee Required 6. Name and Address of Current Registered Agent 7. Name and Address of New Registered AQent Name BIANCHI, MARY l Street Address (P.O. Box Number is Not Acceptable) 181 SOUTH BAY DRIVE .UNIT 3 NAPLES FL 34108 City FL I Zip Code 8. The above named entity submits t\1is statement for the purpose of changing its registered office or registered agent, or both. in the state of Florida. SIGNATURE Signature, Iyped or printed name of regi8lered agent and title if applicable. (NOTE: Rsg-iSUl(ed Agerll SlgnatUlD rGQulred lNhen '''instating) CATE FILE NOW: 9. Election Campaign Financing $5.00 May Be Make Check Payable to FEE IS $61.25 Trust Fund Contribution. 0 Added to Fees Department of State 10. OFFICERS AND DIRECTORS 11. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10 TITLE PO D Oelele TITLE D Change D Addition NAME BIANCHI. JOSEPH NAME STREET ADDRfSS 181 SOUTH BAY DRIVE STRm ADDRESS CITY. ST. ZIP NAPLES FL 34108 CITY - SHIP TITLE TSD o Delele TITLE D Change D Addition NAME BIANCHI, MARY NAME STREET ADDRESS 181 SOUTH BAY DRVlE STREET ADORES S CITY-ST-ZIP NAPLES FL 34108 CITY. ST - ZIP TITLE YO D Oelele TITLE o Change o Addition NAME BIANCHI, MARIA NAME STREET ADDRESS 181 SOUTH BAY DRIVE STREET ADDRESS CITY. SHIP NAPLES FL 34108 CITY-SHIP TillE o Delete TITLE o Change o Addition NAME NAME STREET ADDRESS STREET ADDRESS CITY.ST-ZIP CITY-ST. ZIP I TITLE o Delete TITLE D Change D Addition NAME NAME STREET ADDRESS STREET ADDRESS CITY.5T-ZIP CITY -SHIP TITLE o Delete TrtlE o Change D Addilion NAME NAME STREET ADDRESS STRW ADDRESS CIN-ST.ZIP CITY. SHIP 12. I hereby certify that the information supplied with this filina does not qualify for the exemption stated in Section 119.07(3)(1). Florida Statutes. i further certify that the information indicated on this report or supplemental report is true an accurate and that my signature shall have the same leg;!.! effect as if made under ooth; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida St~tes; and that my name appears in Block 10 or Block 11 it Sl~~:~~:;:attac$a::d:e:;all~:~:o:r~/ MMY L ,BIOM ~k /02- SIGN(rURE AN~O'V'RUlTED NAME OF BlGNING ol'l'".~eR 011 DIRecTOR I Date Daytirr\El Phone , s o o ~ - r-- C') o W C\J a: C,) r 2487997 OR: 2555 PG: 3484 IIC rn IICOlDlD 11 the O"ICIAL IJCOlDS of COLLIII COUIf','L DOC-.l0 O'/Ol/t'" It O':SIAK DWIGHt I, BIOCI, CLlll llU: DUIIL L MILLO noo IOI!B BLVD TAlPI fL 33'03 .'21 WARRANTY DEED This Warranty Deed Made the ~ day of ^A.t< ...., ... I 1998 by Joseph A. Bianchi and Mary L. Bianchi, husband and wife as tenants by the entirety hereinafter called the grantors to Joseph A. Bianchi, Trustee of Little Mermaid Realty Trust u/d/t dated I\J~~ I I, 1998, whose post office address is 41 Aspen Avenue, Auburndale, MA 02466, hereinafter called the grantee. Wltn....th: That the grantor, for and in consideration of the sum of Ten ($1,00) Dollar. and othElr valuable considerations, receipt whereof is hereby acknowledged. hereby grants. bargains, sells, aliens, demises, releases. conveys, and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: nd appurtenances thereto To Have and to H In Witness Whereof, the said grantors have signed and sealed these presents the day and year first above written. /~ ,/ ~k' Ma ~nChl lo.n .10 . ~:~:.). i ~i 4i:' . +; / r. . '::.H ^ . :r.. ' ~( ,I fe' .\ . ttt OR: 2555 PG: 3485 lIt SA Norfolk, II. COMMONWEALTH OF MASSACHUSETTS November 11. 19st Then personally appeared the above named Joseph A. Bianchi and Miry L. Bianchi and each acknowledged the foregoing Instrument to be their act and deed. before me, ~ d /;;Z<l/-. otary Public )> My commission explres:9-"6'~ ". I" ~\'. '.... ~... . ~r-..: \ .;1 l Details Page 1 of 1 -- - Current Ownership Folio No.1156050040006 Map II Property Addressll181 SOUTHBAY DR - I .~ Owner Name Addresses BIANCHI TR, JOSEPH A 011-11-98 LITTLE MERMAID REALTY TRST VE AUBURN DALE Statell MA ZiPIl 02466 - 3002 City Legalll LITTLE MERMAID, THE I A CONDOMINIUM UNIT 1 Township 48 Section 32 Acres o II Map No. Strap No. II 3A32 469000 13A32 II -t Millage Area -t~ II 174 13.3115 Sub No. -1J Use Code 469000 4 I LITTLE MERMAID, THE A CONDOMINIUM I CONDOMINIUM 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 0.00 II I (+) Improved Value $ 118,560.00 II I (=) Market Value $ 118,560.00 I (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 118,560.00 H Homestead and other Exe $ 0.00 (=) Taxable Value $ 118,560.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book - Page II 2555 - 3484 II Amount I $ 0.00 I Date II 06/1999 II ... - -- The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F 01ioID=000005 6050040006 8/24/2005 leu: I1IIIL L CAStILLO un lOUR BLVD fllPA 'L 33'03 "2' . 2481998 OR: 2555 PG: 3486 DC 'II IICOIDID lD tbe O"ICIAL DCOIDS of COLLII. CQUIt" 'L DOC-.l0 06'01/1'" at 0.:51.. DIIGIt I. 810CI, CLlll 10.50 .70 8A QUITCLAIM DEED THIS OUrr-CLAIM DEED made this ~ day of ^,tv..,t..... , 1998 by Joseph A. Blanchl.-nd Mary L. Bianchi, Husband and wife and Maria G. Bianchi, a single woman. Grantors, whose post office address is 41 Aspen Avenue, Auburndale, MA 02166 to Maria G. Bianchi, individually, Grantee lwhenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs. legal representatives and assigns, assigns of individuals and the successors and assigns of corporations), WITNESSETH: that the Grantor, for and in consideration of the sum of $10.00 and other valuable co"siderl'tions. r~c8ipt whereof is hereby acknowledged, hereby remill, release, and Quit-claim unto the Grantee, all that certain land situate in Collier County, Florida, to wit: I J UNIT 2. THE LITTLE M DECLARATION OF C '773 THROUGH 1 a:; FLORIDA. TOGET ER I il.EMENTS AND 0 Witness our hands and seals this ~,day of It" c..>>.h ,1998 d//I:L ./ 6~~ · M;,lL=. B~~/ . Z"A . Bianchi ~a 6Dilt'YX- Marie G. Bianchi PLEASE REMIT TO: Jeffrey M. Schloub.rQ. Esquire POlt OffiCI Box 850699 Br.intt... PlAA 02185-0699 III OR: l~~~ fij: J.~I AAA . ~ ,. 1 ji" !, Norfolk, II. COMMONWEALTH OF MASSACHUSETTS November 11. 19~ Then personally appeared the above named Joseph A. Bianchi and Mary L. Bianchi and Maria G. Bianchi and each acknowledged the foregoing instrument to be their act and deed, before me, ~.. .. . . '7//('$~ otary ublic -;. My commission explrel:<?--6'-9/ Details Page 1 of 1 -- .- Current Ownership Folio No.1156050080008 Ma-p II Property Addressl1181 SOUTHBAY DR - q 1,f.i, ;1 Owner Namell BIANCHI, MARIA G Addresses II 41 ASPEN AVE cityll AUBURNDALE State II MA ziPl1 02466 - 3002 Legal liTTLE MERMAID, THE A CONDOMINIUM UNIT 2 Section 32 Township 48 Acres o Range 25 Map No. 3A32 Strap No. 469000 23A32 Sub No. -t Use Code 469000 4 liTTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM -t~ 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Vaiue $ 0.00 (+) Improved Value $ 88,267.00 (=) Market Value $ 88,267.00 (-) SOH Exempt Value $ 0.00 I 0411998 II (=) Assessed Value $ 88,267.00 (-) Homestead and other E $ 0.00 (=) Taxable Value $ 88,267.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page 0611999 2555 - 3486 0611999 255.5 - 34~2 Amount I $ 0.00 I $ 0.00 I 2_4.04~-.1651 $ 0.00 I -- I!i!iiiiiMiIiii - - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=OOOOO 5 6050080008 8124/2005 Ilta: DIIIIL L CAStILLO nte IOItI BLVD fAlPA rL 33603 .'21 **t 2487995 OR: 2555 PG: 3481 ***uCIII IICOlDlD in tbe OrrICIAL IICOlDS of CO"III COUlty, lL DOC-.70 0'/08/1'" It 0':5IAl DVIGB! I. BlOCK, CLIIK WARRANTY DEED THIS INDENTURE, made this II.!- h day of N, ... ..~~ i , A.D. 1998 between Joseph A. Bianchi and Mary L. Bianchi, husband and wife as tenants by the entirety, the Orentor and Mary L. Bianchi, individually, whose post office address is: 41 Aspen Avenue, Auburndale, MA 02466, the Orante. Wltne..eth, that the Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS in hand paid by the Grantee, receipt whereof is hereby acknowledged, hereby conveys to the Grantee the real property In Collier County, Florida, described as: Unit 13, THE LITTLE MERMAID, a condominium, according to the Declaration of Condominium recorded In O.R. Book 789, Pages 1773 through 1808, Public Records of Collier County, Florida, together with an undivided interest in the common elements and common sur ~ertaining thereto. ~R COr ~ SUBJECT to easements, restri<;t' es t.t record. / (; .;:.; THIS IS NOT THE HOMEST AD N("Jl~\\~ , ss. III.. , 1998 Then personally appeared the above named Joseph A. Bianchi and Mary L. Bianchi and acknowledged the foregoing Instrument to be their free act and deed, before me, I c , sion expires: n I :1..lf~ C y PLEASE REMIT TO: Jeffrey M. Schlollberg, Esquire POIt Office Box 860899 Bfalntr.., MA 02185-0699 5.10 .70 Details Page I of 1 8A Folio No.1156050120007 Map II - Current Ownership Property Addressll181 SOUTHBAY DR -- .,. Owner Namell BIANCHI, MARY L Addressesll41 ASPEN AVE City II AUBURNDALE Legalll LITTLE MERMAID, THE I A CONDOMINIUM UNIT 3 State II MA zipll 02466 - 3002 Section Township Range Acres Map No. Strap No. 32 48 25 0 3A32 469000 33A32 Sub No. 469000 LITTLE MERMAID, THE A CONDOMINIUM -t -t~ ..IjIJ Use Code 4 CONDOMINIUM 174 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 II Date I 0611999 Latest Sales History Book - Page Amount I 2555~3-481 $ 0.00 I (+) Improved Value $ 140,496.00 (=) Market Value $ 140,496.00 (-) SOH Exempt Value $ 0.00 I (=) Assessed Value II $ 140,496.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 140,496.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- - -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 01ioID=000005 605 0120007 8/24/2005 IIfhl. U\atn.llMnt pCeparelt vy dnd after recordin1 return LO: TilftOthy O. HAln.. E.q. Oua,. 1.. .. Brady 45101 T...i....i 1',.a1.1 N., Suite lOa ...pl.... FloC1d. })940 pl'opetty Ident. i f l.c.t ,on Nul'l\ber: ~'O~0160009 GI.nt...... Soc:i.l S.<:;urlty nuf1'l.bera: *** 2190936 OR: 2319 PG: 3358 *** DCOIDID II OIUCllL DCOID. of COLLlIl count, rL 05/05'" It 10:mll DIlGl'lI, "0<:1, CLUI cola UOOUO DC ... i.l0 DOC",lD m.oo ~.'~ O.~,/. . }~ leta: QUllLIS , aWl tm !A.IAlI n . 1300 IlPLU IL mOl 3050 WARRANTY DEED This Indenture, made this ~ day of June, 1991, between Jean L. Maae and Barbara M. Brady, ae joint tenante with full righte of eurvivorehip, GRANTOR, and Mark H. Muller, a. Truetee under the Mermaid Tru.t Agreement dated April 17, 1997. with full power and authority to protect, coneerve, .ell, lea.e, encumber or otherw1.e to manage and di.poee of the real property deecribed herein, whose post office address is 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103, GRANTBE. This property is of either of the Grantors. In Witness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. W1. tness #2 l~rin7 nome 1>01 I PlAvLA ;tl. &,;~ 1'_/ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instl':ument was acknowledged before me this 2 nc!2 day of June, 1991, by Jean L. Maas and Barbpra M. Brady, who are personally known to me or who have produced ~. u-t.A I:) Lc.:~'4!~ses as identif'cation. NOTARY SEAL . ",,' '. /~ ,- _ ~_..ltt,f.,(,.~""" _)fi /', .",~"c...r /Barbara M, Brady [. JOANNE L ROACH NOTAllY pUIUC STAn OF FLORIDA COhtMIS610N NO. CCJ99742 MY C:O""!"1S61ON EXP. AUG \1,1998 Quorlfj/IJnllly BlNMIt C"f1Ilt' s..1,.3oo 4MlI ,...._ "... Ho<.h SlJ 262 ~9'i~ Na..... flora J~ 3060 Details Page 1 of 1 Folio No.1156050160009 Map II 11IIII Current Ownership Property Addressl1181 SOUTH BAY DR -- -- Owner Namell MULLER TR, MARK H Addresses I TAD 4-17-97 I % SUSAN HANSON 115 S 5TH ST STE 900 Cltyll MINNEAPOLIS II Statell MN Zlpll 55402 - 1060 Legal\1 LITTLE MERMAID, THE I A CONDOMINIUM UNIT 4 Section 32 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 469000 43A32 Sub No. -t Use Code 469000 4 LITTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM -t Millage Area 174 -t~ 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value II $ 0.00 I (+) Improved Value $ 78,178.00 (=) Market Value $ 78,178.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 78,178.00 (-) Homestead and other Exempt $ 0.00 (=) Taxable Value $ 78,178.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page Amount I 0611997 23-19. - :l3.S.8. $ 46,000.00 I 0711995 20IZ -993 I $ 36,000.00 I -- 11IIII -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F 0 lioID=000005 6050160009 8/24/2005 *t* 2190934 OR: 2319 PG: 3356 *** IICOIDID 11 ormm IICOlDS of COLml coum, rL 011051S1 It 10:UU DIlGIT I. 1l0C!. CLaU COIS 31000.00 DC III 6.00 DOC..le ai.GO leta: QUAlLIS . IW! 4501 TIJIIUI fll noo UPJ,I5 lL 34103 1m ,..,.. 11)"""" 56050200008 0.- '111M: Warranty Deeq TbJa Indenture, Made this 2. "'- day of James E. Ballard, an unremarried widower. May . 1997 A.D. Between of t/lc COU"I)' of ColUer , s..... ,,' florida , grantor. JllU Mark H. MuUer. as Trustee UDder tbe Mermaid Trust Agreement dated April 17. 1997., w...... addmo II 4501 Tamlami Trall Nortb Suite 300. Naples. Florida 34103 Collier . &rantee. -.-.. ---.-.-.......... ---..-.. ..-.... -...... conserve, sell, dispose of the real Ind dle IfIIlIOr d_llerdly fully ....rrlnllhc Iid( w...oJ hind. ond wdl lkf(loJ t/lc ..moo I&Ollllil I.wlul \'lomlli ul.U PC'WIIli wbum.""" <f 10 W~ WbC. reo. r. lhc pnwr I\u ""RWlW set h.. IIond .~ ,oil 1110 d1I) ~nd )UI Ii", .bu'c w"non Slped. aad dellvend ill our ~: ' 1\(JTuG.j<,,1 ~!rJUCl!L<') <. . '..( ~. _.". ('srji8ture oflW~ii- . ....~~lL.l'C U' James E. Bal1ard Printed Name: ...'t,UAi).'; 1.> PO Addre.. 469 Carica Road, Naples, FL 34108 . ~ { _ ..,' vl..:'A/' J)-- ture or Witness i)t";", "" c.:')l!-~_)rJ Name: (h~'V' ~.f}- ,-. lScJH STATE OF Florida COUNTY OF Collier The fortaoiq iDIInI.alICIII was ICkllOwlcdled befure me Ill.. James E. Ballard, an unremarried widower, ) .\ -< oI.Iy uf June . 1997 0) ..110 .. ~nall)' ~.!!.!!!..~ or wbu h&s produced h.. _ I$tdt....O,,1CIAl MCTAR~ Sl:.alL Th" Documenll'repued B): 1lI0'UCA ~ DICIlERSOll C.vid N. ~ ...... . (;0",11I11151011 IlUMBER WJ11tOU1' IBVUlW OP 'ITI'U .' C C !l121l4 2 . ....~a.~PA 1161111in1~SlllIIb'OM"'SlII01l UP. " \ ....... I'L :l4IClZ "/1 ' . ' ~t' '""~ ,L. ed Name: NOTAR.Y PUBLIC My C.INIIis.IO" E,plI'c$: f.,\':~JI;-F<Ooo "h..l:'J .:.L. I _1-....:.. ,..n. J. '-. 959613 DJB Details Page I of I -- Current Ownership Property Addressl1181 SOUTH BAY DR -- , d o ... Folio No.1156050200008 MaJ;l II Owner Namell MULLER TR, MARK H Addresses I OAT 4-17-97 I % SUSAN HANSON 115 S 5TH ST STE 900 cityll MINNEAPOLIS II State II MN zip!155402 -1060 Legal LITTLE MERMAID, THE A CONDOMINIUM UNIT 5 Section 32 Township 48 Range 25 Acres o Map No. 3A32 Strap No. 469000 53A32 -t Millage Area 174 -t~ 13.3115 Sub No. -t Use Code 469000 4 LITTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 0.00 (+) Improved Value $ 78,178.00 (=) Market Value $ 78,178.00 Amount I $ 38,000.00 I Book - Page 2319 - 3356 I (-) SOH Exempt Value II $ 0.00 I I (=) Assessed Value II $ 78,178.00 I I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 78,178.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- - - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp ?F olioID=000005 6050200008 8/24/2005 -- t** 2448032 OR: 2523 PG: 2141 **t RlCORDIO Ln OHlCUL mOlDS of cotLlIl coum. PL Ol/lllUn at 02:09PM DWIGHT !. BRaCl. CURl mm UO DOC-. '0 .10 coms I. Q~ Retn' DAMNY A HOGAK 1&1 SOUTH BAt DR KAPLlS !L HID! Folio Number:__ QUIT-CLAIM DEED nus QUIT-CLAIM DEED, uecuted this .u.!.~ WI) of ..2::...!_,,~~c't- _' 19".Lf. by MAR\' HOGAN PIECHOWSKI,. mlilrrled WOIDUI, rlkl. MARY HOG~. herdnafler called Firsl Party ,10 DANNY A. HOGAN. 1leRM: called Second P~. wboluddress is: _ J ~ / S (Il " '-fl 11' 1 '1 l ' /:.. -- tv ~ c'::': j- J. ;> ./ /f' - - . r ...., .;:.-_. ~ ............ Of... "",,' "s.w.a PIn,' 1UI1_1_ ''at..... ...,tw&l. l'W'r., Icpl f................~. uI_I~"""'. Mi ""~.......... "'..,..-.......... ",*"",al.. .,... ar '........1 WITNESSETH.lhlIllbc said Firsl Party. for and in COlIJideralion of the sum ofTEN AND NOIlOO ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS. in hand paid by the said Second Party, the receipl wbereof is bereby acknowledged, does hereby remiSl:, rele;ue and quiHlaim unlO the $lId Second pany forever, all the righl. litle. interesl, claim and demand which the said firsl party has in and 10 the following described 101, piece or parcel of land. silUAte, lying and being in the County of Collier. Slale of F1onlb. 10 wil: ellallCes Ibereunlo belonging "I)' and claim w~uoever of the behoof of the said Second Part)' SiJDl!4, sealed and delivered in Ihe preseqce of: J4= ,I -:J [, -- Wi~ I Si~ture _ / a - /tit ~C'114 c. 009a~J u II Printed Name J ~ ~j ~~""QU.d,t'~\..~\. Mary Hogan Piecbows STATE OF -1~...J..____n. COUNTY OF X 11 'l\ I 0.( ( . '\ ,t. I (1(' I Subscribed. sworn 10 and acknowl~dged before me this !...t- day of. I l' I HOGAN PIECHOWSKI. ~wbo is personally known 10 me. or LJ who ha.\ produced u idIlDtibtion. . 19C.I8. by MARY ........ (SEAIL) . . Mi(:onuwsaion Ell.pires: J. . .1" ~. 1. . ~ , . . '. "A J. Noruy Public' ", ":,.. NOlary Public Printed Nunc J...LQUtLlNt 0 \..Ti~L'l :AlY PUBtJ<: !iTAn: OF r-.UUUCAN CENe>EE COLINT't MY CQIl.!MI"610N nl'_~~ . 1! THlSvwnUMqcr nulU.ED WITiioor LWAL OI'INIOH IV; II.WI,'(:~ QLl.Y. .-.a.~""1_0. SlUT" 501.1.' )lWl)cw..CiIII.....,.. illlll liS _.-,.,. Details Page 1 of 1 r Folio No.11 56050240000 Map II - Current Ownership Property Addressl1181 SOUTHBAY DR Owner Name I HOGAN, DANNY A Addresses 1181 SOUTH BAY DR # 6 Cityll NAPLES II Statell FL zipl134108 - 2378 Legall' LITTLE MERMAID, THE I A CONDOMINIUM UNIT 6 Section 32 Township 48 Acres o Map No. 3A32 Strap No. 469000 63A32 Sub No. -t Use Code 469000 4 LITTLE MERMAID, THE A CONDOMINIUM CONDOMINIUM '1J Millage Area 174 '1J~ 13.3115 I Land Value I (+) Improved Value I (=) Market Value 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll II $ 0.00 II II $ 355,834.00 II II $ 355,834.00 II Latest Sales History Amount I $ 0.00 $ 127,500.00 (-) SOH Exempt Value $ 203,511.00 (=) Assessed Value $ 152,323.00 (-) Homestead and other Exempt Value $ 25,000.00 Date II 03 11999 I 05 11987 I Book - Page 2523 - 2147 t267 -2l90 I (=) Taxable Value II $ 127,323.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. 11IIIII The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=OOOOO 5 60 50240000 8124/2005 / ,SA September 14, 2006 Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: AVESMT-2006-AR-9918 Dear Legals: Please advertise the above referenced notice on Sunday, September 24, 2006 and Sunday, October 1, 2006. Also, kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O.lAccount # 113-138312-649110 NOTICE OF PUBLIC HEARING 8 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 10, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER AVESMT-2006-AR9918, SEEKING THE VACATION OF THE COUNTY'S AND THE PUBLIC'S INTEREST IN GULF SHORE COURT AND A PORTION OF CENTER STREET ACCORDING TO THE PLAT OF "VANDERBILT BEACH CENTER" AS RECORDED AT PLAT BOOK 3, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and thereforer may need to ensure that a verbatim record of the proceedings is mader which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYr FLORIDA FRANK HALASr CHAIRMAN DWIGHT E. BROCKr CLERK By: Teresa Dillardr Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 8~ N~ C'" Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Vanderbilt Real Estate Holdings, L TD 15 S. 5th St Suite 900 Minneapolis, MN 55402 Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1, 2006. You are invited to attend this public hearing. Sincerely, woe Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 14,2006 Attn: Susan Hanson RE: Vanderbilt Real Estate Vanderbilt Properties, Inc. Robert E. Doyle, Jr. - Trustee Suzanne Howard - Trustee Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, k Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SA Wl Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Mary L. Bianchi 181 South Bay Unit #3 Naples, FL 34108 Re: Petition A VESMT-2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, k Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 8, Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330 I T AMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Steven P. Hart Collier Financial Inc. 4985 Tamiami Trail East Naples, FL 34113 Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1, 2006. Yau are invited to attend this public hearing. Sincerely, 12< Enclosure Phone- (239) 732-2646 W ebsite- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us I .4:, Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 JeffM. Novatt, Esq. 821 Fifth Avenue South Suite 201 Naples, FL 34102 Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, CK, CLERK k Enclosure Phone-(239)732-2646 Website- www.clerk.collier.t1.us Fax- (239) 775-2755 Email-collierclerk@clerk..collier.n.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Henry and Judith Dugan 260 Sharwood Drive Naples, FL 34110 Re: Petition A VESMT-2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1, 2006. You are invited to attend this public hearing. Sincerely, Be Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.fl.us 8A Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Lin Huei - Yi Chang 2374 Tumberry Ct. Naples, FL 34109 Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, ROCK, CLERK UC Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330 I T AMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds September 14,2006 Timothy G. Haines Pelican Trust UTD 04-17-97 15 South 5th Street, Suite 900 Minneapolis, MN 55402 Re: Petition A VESMT -2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, CK, CLERK ~ Enclosure Phone-(239)732-2646 Website- www.clerk.collier.n.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.n.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Donald and Mary Corcelli 290 Ibis Street Ft. Myers Beach, FL 33931 Re: Petition A VESMT-2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1, 2006. You are invited to attend this public hearing. Sincerely, 'lrc- Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 .~ U i 1 Clerk of Courts Accountant Auditor Custodian of County Funds September 14, 2006 Premier Properties of Southwest Florida, Inc 4300 Gulfshore Blvd N. Suite 100 Naples, FL 34103 Re: Petition A VESMT-2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1,2006. You are invited to attend this public hearing. Sincerely, ~ Enclosure Phone-(239) 732-2646 W ebsite- www.c1erk.collier.fl.us Fax-(239)775-2755 Email- collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 8A .. Clerk of Courts Accountant Auditor Custodian of County Funds September 14,2006 Gleb M. McFatter 3150 Safe Harbour Drive Naples, FL 34117 Re: Petition A VESMT-2006-AR-9918 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006 and Sunday, October 1, 2006. You are invited to attend this public hearing. Sincerely, CK, CLERK fK Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us Teresa L. Dillard 1" To: Subject: legals@naplesnews.com A VESMT -2006-AR-9918 Attachments: AVESMT-2006-AR-9918.doc; AVESMT 2006-AR-9918.doc Legals, Please advertise the following on both Sunday September 24, 2006 and Sunday October 1, 2006. Any questions please give me a call. Thank you. AVESMT-2006-AR-9 AVESMT 91S.doc (27 KB... 5-AR-991S.doc (26 I Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. D illard@clerk.collier.fl.us) 1 Teresa L. Dillard From: Sent: To: Subject: ClerkPostmaster Thursday, September 14, 2006 3:51 PM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: A TT 4773066. txt; A VESMT -2006-AR-9918 1!:1.. ~ ~.7 >1 ~ ATT4773066.txt AVESMT-2006-AR-9 (231 B) 918 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard ftA From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, September 14, 2006 3:51 PM Teresa L. Dillard Delivered: A VESMT -2006-AR-9918 Attachments: A VESMT -2006-AR-9918 f::;:-.7 -.".'1 L6 AVESMT-2006-AR-9 918 <<AVESMT-2006-AR-9918>> Your message To: legals@naplesnews.com Subject: AVESMT-2006-AR-9918 Sent: Thu, 14 Sep 2006 15:50:51 -0400 was delivered to the following recipient(s): legals, NDN on Thu, 14 Sep 2006 15:51:00 -0400 1 A VESMT -2006-AR-9918 Page 1 of 1 ""...., Teresa L. Dillard ~___,~,~__..~,~~~__~~~,.,~~_".VN..,~~"~~__^~__~~~"'~",~~~,~~~'~~"_~_~A~___'_~~~'~~_'~~~'~~V^~__~^~_ From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Thursday, September 14, 20064:37 PM Teresa L. Dillard Subject: RE: AVESMT-2006-AR-9918 OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us] Sent: Thursday, September 14, 20063:51 PM To: legals@naplesnews.com Subject: AVESMT-2006-AR-9918 Legals, Please advertise the following on both Sunday September 24, 2006 and Sunday October 1, 2006. Any questions please give me a call. Thank you. <<A VESMT -2006-AR-9918.doc>> <<AVESMT 2006-AR-9918.doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa. Dillard@clerk.collier.fl.us) 9/1412006 NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that they serve as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 times in the issue on. September. 24th October I sl 2006 iVliant further says that the said ~aplcs Dailv ~ews is a newspaper puhlished at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Countv. Florida: distributed in Collier and Lee counties of Florida. each day and has been entered as second dass mail mattcr at thc post ortiee in "apks, in said Collicr Countv. Florida. for a period of 1 vcar next preccding thc first publication of the attached copy of advertisement: and al1iant further says that he has neither paid nor promiscd any person, firm or corporation any discount, rebatc, commission or refund for the purpose of securing tbis advcrtisement for pu . on in thc said ne spaper. ( Signature of affiant) Sworn to and subscribed before me This 1st. Day of October. 2006 /v (j,../::,: "'-i!"I--- 7-t.-:-:J icL. '';;jo4,,*-+''1''''..~;-,;of'.r.'_''1'' )~..::... 'it~' btylMw , "'~"~ ld\'~~ lmDI .. ""~,' !R "lfJl1J ,"f"'lnl~K " , I, '1 ~'. '( \;.,d \,; "".,-...',,. 1110 ..... ..~~* " Avesf.tr.~.gg18 I" . NOnCEoF PUBLIC HEARING ~Motlce 15 hereby givell ..t tile lIoard of county .'tommlSSlollers of Col- 'lIer COUl1tywlll hold a ~lIc heating on Tues- ~y, october 10, 21106 III he Boardroom, 3rd loor. Administration Building. Collier COU."ty ~~le~rf~~~' Naples. Floridll;;'ici; ;:.&et"J ~I titl:OJr= proposed Resolutloll Is as fOllOws: . 'A IUsOLUTiON OF THE 'BOARD OF COUNT.V 'COMMISSIONERS OF COLLIER COulnv FLORIDAbRELATtHG . Td >PETITI N NURM~'lE~R AVESMT-2006-A - . '. . $UKING THE VACA 0 OF THE COUNTYI$'.AWD ,THE PUBLlC'S INT~RE$T ~'t:r"~o,.., ItT ''fER STRUT ACe "0 THE PLAT O. A- ,.DERBlLT IEACH{CIN. ~TER. AS RECORI". "11 PLAT BOOK 3, P. .,' .,1 PUBLlCRECORD.OI' C OUI ERe: 0 UtI".V. FLORIDA. . NOTE: All perso"\VI$h- :'lftll t. owau.... .~. .,.n..y ...:r::h'tlMj.-= :~v:ror'U:;=~ Ite ad 8A '~':',>'.~ -.Im fion "~ea o/'Olln' elle. nl~ ."')) II' . - PeU4~iwltl'ilrlll to hUJwrltten 0I'....,,1e mafer,--ts ..1\4,1.1"', ' III the. aoan:! EIHlCIc- et'lTl~n. ",It IIlld materrIlIa ' . . of 3 week. prior. re. 'spectllie P\ItI g. III any case, ma~ terlals Intellded to be cOl'\Sldered by the .aoard $Patt~uIJlnitftd.-tlJ ~.!.app.' .....C-9... ~llty ....,(. Ofstv- e,. . d.ily'tOtlie pUblic II All ma- terial us.' In presenta- tions before the loe.rd wiI1 become a. perma- nent part of the record. Any p.erson who decid- es to appeal a decision of the IOarCI will need a record of. the proceed- 'ng5 "rtalrtlng thereto and therefore,' may ooet! to ensure that a verba. tlm record of the pro- ceedt'* Is mecI9 .Whlch rec;ord-lncll.tdes a..;. tes- timony alld evlffellce upon which the appeal Is based. BO.ARD OF COUNTY g~l'" .P~"UNt. y, FLORIO . f,M.NKHALAS. .CHAIR- DWIGHT E. BROCK, CLERK . By: Teresa Dillard, Dep- uty Clerk, (SEAL) sept. 24, Oct. 1 ~ _ . _ No. 1444471 ,. COLLIER COUNl J ORIDA REQUEST FOR LEGAL ADVERTI5. N00F PUBLIC HEARINGS 8D To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: ***********************************************************************~~************t~fl**lt********** Originating DeptJ Div: Comm.Dev.Serv./ Planning Person: Michael l. DeRuntz ~~VJ Date: f!;/Ii( {p Petition No. (If none, give brief description): PUDZ-2005-AR-7834, Snowy Egret Plaza CPPUD Petitioner: (Name & Address): Davidson Engineering, Inc., Tim Hancock, 2154 Trade Center Way Suite 3, Naples, FI. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Black Bear Properties of FL LLC, 840 lung Blvd.W., Naples, FL 34120 Hearing before BCC BZA Other Requested Hearing date: October 10.2006 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2005-AR-7834, Black Bear Properties of FL, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a rezone from the Estates, WelIfield Risk Management Special Treatment Overlay Zone W-I zoning district (E-ST/WSI) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Are Master Plan (GGAMP). The subject property, consisting of 4.19 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: ~ '-Ih./.j~ / Department Head C{ /",( / ~ Date I County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Receiv~:'" dt.\-- Ol., Date of Public hearin~D -\ () -Qp Date Advertised: ~l.o t'!"'-J ~,~ it : if,,,, ORDINANCE NO. 06 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITH WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT (Wl) OVERLAY (E-ST/WSl) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A CPUD TO BE KNOWN AS THE SNOWY EGRET PLAZA CPUD, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE BOULEVARD (CR 876) AND WILSON BOULEV ARD, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.19 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Black Bear Properties of FL LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property pursuant to petition number PUDZ- 2005-AR-7834. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 9, Township 49 South, Range 27 East, Collier County, Florida, is changed from the Estates, Well field Risk Management Special Treatment (W-1) Overlay Zone (E-ST/WS1) to a Commercial Planned Unit Development (CPUD) Zoning District in accordance with the Snowy Egret Plaza CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PUDZ-200S-AR-7834 10f2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: FRANK HALAS, CHAIRMAN By: Deputy Clerk Approved as to form and legal sufficiency -Vb . . ?11.~ Marj~ent-Stirling Assistant County Attorney -~ PUDZ-2005-AR- 7834/MJD/sp PUDZ-2005-AR- 7834 20f2 8D 8; ;'.'.' fJf' SNOWY EGRET PLAZA CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: Black Bear Properties of FL, LLC 840 Jung Blvd W Naples FL 34120 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 Exhibit A DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL tjU TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE iii SHORT TITLE iii SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III: COMMERCIAL DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE AREA PLAN 4-1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 EXHIBIT "AU 80 LIST OF EXHIBITS AND TABLES CPUD Master Plan ii - 80 STATEMENT OF COMPLIANCE The development of approximately 4.19 acres of property in eastern Collier County as a Commercial Planned Unit Development to be known as the Snowy Egret Plaza CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The commercial facilities of the Snowy Egret Plaza CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Neighborhood Center Subdistrict of the Estates- Mixed Use Designation as identified on the Future Land Use Map and as described in the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses, limited to intermediate commercial uses, so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. The Snowy Egret Plaza CPUD is compliant with the Neighborhood Center Subdistrict criteria established in the Golden Gate Area Master Plan. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project shall be in compliance with Objective 3.1 of the Conservation and Coastal Management Element of the Growth Management Plan. 6. All final local development orders for this project are subject to the Adequate Public Facilities sections of the LDC, as required by Objective 2 of the Future Land Use Element. 7. The project is located within a well field protection zone and the project development is planned to protect the function of these natural groundwater aquifer recharge areas as described in objective 1.5 of the Drainage Sub- element of the Public Facilities Element and Objective 3.1 of the Conservation and Coastal Management Element of GMP. iii 80 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Snowy Egret Plaza CPUD, 1.2 LEGAL DESCRIPTION The subject property being 4,19 acres, is located in Section 9, Township 49 South, Range 27 East and is fully described as: All of Tract 125, Golden Gate Estates, Unit No. 12, according to the plat thereot as recorded in Plat Book 4, Page 105, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Black Bear Properties of FL, LLC, 1.4 PHYSICAL DESCRIPTION The subject property is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard and is primarily located within the Main Golden Gate Canal Basin. The proposed outfall for the project is to an existing Wilson Boulevard swale along the eastern boundary of the project, Natural ground elevation varies from 12,5 feet to 13.2 feet NGVD. The subject property is also located within zone W-1 of the Golden Gate Well Field, The entire site is located within FEMA Flood Zone "D" with no base flood elevation specified, The site is dominated by slash pines, cypress, and cabbage palms, 1 .5 PROJECT DESCRIPTION The Snowy Egret Plaza CPUD shall be a commercial development of a mixture of retail, office and general commercial land uses. The buildings within the proposed development will have a common architectural theme. 1 .6 SHORT TITLE This Ordinance shall be known and cited as the "Snowy Egret Plaza Commercial Planned Unit Development Ordinance," 1- 1 rp ~,,,,,l SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 . PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development relationships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships. 2.2. GENERAL A. Regulations for development of the Snowy Egret Plaza CPUD shall be in accordance with the contents of this Document PUD-Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of application for the type of development order to which those regulations relate, Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in LDC in effect at the time of application for the type of development order to which those regulations relate. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Snowy Egret Plaza CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this CPUD Document shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the LDC. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan is illustrated graphically by Exhibit "Au, CPUD Master Plan, 2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a plat and/or condominium plat for all or part of the CPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the CPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. 2-1 80 B. Exhibit "N, CPUD Master Plan, constitutes the required CPUD Development Plan, If applicable, a preliminary subdivision plat shall be submitted for the entire area covered by the CPUD Master Plan subsequent to or concurrent with CPUD approval. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. C, The provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said LDC prior to the issuance of a building permit or other development order, D. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 2.5. PUD DOCUMENT AND MASTER PLAN A. Exhibit "AU, CPUD Master Plan illustrates the proposed development and is conceptual in nature, Proposed tract lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application subject to provisions of the LDC. B. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements as limited by the LDC to the Snowy Egret Plaza CPUD Master Plan upon written request of the developer. C. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. D, Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however, the Administrator or his designee's approval shall not constitute an authorization for development or the implementation of the minor change or refinement unless the applicable permits are first obtained. 2.6 Amendments to the PUD Document Amendments to the CPUD Document may be made in accordance with the process set forth in the LDC. 2-2 2.7 Maintenance of Common Areas A property owners' association shall be established for the maintenance of all common areas within the project unless the property is developed and owned by a single entity. 2-3 SD SECTION III COMMERCIAL AREAS PLAN 3. 1. PURPOSE The purpose of this Section is to set forth specific development standards for the commercial areas as shown on Exhibit "Au, CPUD Master Plan. 3. 2. GENERAL DESCRIPTION Commercial areas designated on the CPUD Master Plan are intended to provide retail and office uses with a common architectural theme. 3. 3. PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: 1. Accounting, auditing and bookkeeping services (group 8721). 2. Apparel and accessory stores (groups 5611--5699). 3. Auto and home supply stores (group 5531). 4. Automotive seNices (group 7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 5. Barber shops (group 7241), except barber schools. 6. Beauty shops (group 7231), except beauty schools. 7. Business seNices (groups 7311, 7322-7330, 7332-7338, 7361--7379, 7384, 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession seNice, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 8. Child day care services (group 8351). 3- 1 8D 9. Eating places with 6,000 square feet or less in gross floor area in the principal structure (group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be subject to the locational requirements of the LDC. 10. Food stores (groups 5411--5499). 11. Gasoline service stations (group 5541), subject to limitations set forth in the LDC. 12. General merchandise stores (group 5399). 13. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. S 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. S 651 and ch. 4-193 F.A.C.; all subject to the LDC. 14. Hardware stores (group 5251). 15. Health services (groups 8011--8049, 8082). 16. Home furniture, furnishing, and equipment stores (groups 5712--5736). 17. Individual and family social services (group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 18. Insurance carriers, agents and brokers (groups 6311--6399, 6411). 19. Legal services (group 8111). 20. Management and public relations services (groups 8741--8743,8748). 21. Membership organizations (groups 8611--8699). 22. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 23. Miscellaneous retail (groups 5912-5963, except pawnshops and building materials, 5992-5999, except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 24. Museums and art galleries (group 8412). 25. Non-depository credit institutions (groups 6111--6163). 3-2 I" 80 26. Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). 27. Paint glass and wallpaper stores (group 5231), 28. Personal services (groups 7212, 7215, 7216 non-industrial dry cleaning only, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 29. Photographic studios (group 7221). 30. Physical fitness facilities (group 7991), 31. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9512-- 9532, 9611--9661). 32. Real estate (groups 6531--6552). 33. Retail nurseries, lawn and garden supply stores (group 5261). 34. Security and commodity brokers, dealer, exchanges and services (groups 6211--6289). 35. Shoe repair shops and shoeshine parlors (group 7251). 36. Transportation services (group 4724), travel agencies only. 37. United States Postal Service (group 4311 except major distribution centers). 38, Veterinary services (groups 0742, 0752 excluding outside kenneling), 39. Videotape rental (group 7841). 40. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (" BZA") , B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within the CPUD Document, 2, Caretaker's residence, in accordance with the LDC. 3-3 f 3. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (" BZA"). 3. 4. PROHIBITED USES The following principal permitted uses are prohibited within the Snowy Egret CPUD: A. Prohibited Uses: 1. Drinking places (group 5813) 2. Liquor stores (group 5921) 3. Mail order houses (group 5961) 4. Merchandizing machine operators (group 5962) 5. Power laundries (group 7211) 6. Crematories (group 7261) (does not include non-crematory funeral parlors) 7. Radio, TV representatives (group 7313) 8. Direct mail advertising services (group 7331) 9. NEC recreational shooting ranges, waterslides, etc. (group 7999) 10. General hospitals (group 8062) 11 . Psychiatric hospitals (group 8063) 12. Specialty hospitals (group 8069) 13. Elementary and secondary schools (group 8211) 14. Colleges (group 8221) 15. Junior colleges (group 8222) 16. Libraries (group 8231) 17. Correctional institutions (group 9223) 18. Waste management (group 9511) 19. Homeless shelters and soup kitchens 3-4 n t, 20. Automobile parking (group 7521) 21. General merchandise stores (group 5331) 22. Pawn shops (group 5932) 23, Adult book stores 24. Gasoline service stations (group 5541) 3. 5. CONDITIONAL USES The following uses are permissible as conditional uses, subject to the standards and procedures established in the LDC: 1. Conditional uses permissible within the "E" Estates zoning district. 3.6. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Fifteen (15) feet. 3, Rear yard: Fifteen (15) feet. 4. Preserve setback: a. Principal structures: Twenty-five (25) feet. b. Accessory Structures: Ten (10) feet. D. Minimum Distance Between Principal Structures: Fifteen (15) feet. E. Minimum Floor Area: Seven hundred (700) square feet. F, Maximum Height: Thirty-five (35) feet and one (l)-story. G. Open Space Requirements: 3-5 1 . Green space in the form of functional public open-space equal to seven percent of the size of the vehicular use areas shall be provided as part of the required open space. Such green space shall be developed as follows: a. Green space shall be developed within the front yard(s) or as pedestrian accessible courtyards. The courtyards shall only be located in areas that are in close proximity to the retail shopping area and in areas likely to be used by pedestrians visiting the shopping center and retail establishment. b. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and be pedestrian-friendly and aesthetically appealing. c. Green space may only include the following: lawns, mulch, decorative plantings, non-prohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, man made watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning services staff deems appropriate. d. Green space shall include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area, and a minimum of one tree or palm for each 250 square feet of green space area. The green space area shall use existing trees where possible and landscaping credits will be allowed as governed by the LDC. e, Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. f. Green space shall be in addition to the building perimeter planting area requirements and other landscaping requirements. Green space may be used to meet the open space requirements set forth by the LDC, and shall be labeled "Green Space" on all subdivision and site plans. g, The interior landscape requirements of as required by 4.06.03 of the LDC for this CPUD shall be reduced to an amount equal to five percent of the vehicular use area on site. 2. A minimum of ten (10) percent of the subject property shall be devoted to native vegetation preserve area as described in by the LDC. H. Buffering Requirements: 3-6 8D 1 , A twenty-five (25) foot wide buffer shall be provided along both Golden Gate Boulevard and Wilson Boulevard, with the landscaping as required in the Golden Gate Area Master Plan the LDC, which includes the following: a. Two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year, b. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed or shrubs and ground covers other than grass. c. Existing native trees must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. d, Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. e, Should right-of-way be required along Wilson Boulevard by the County, the required buffer width shall be reduced by the same amount, 2. A seventy-five (75) foot wide buffer of retained native vegetation shall be provided along the western and southern side property lines. a. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. b. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LDC. Should the adjoining parcel be rezoned for commercial purposes or as a conditional use, the required buffer shall be reduced to 25 feet which shall be retained as native vegetation. c. The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet requirements of the LDC. Any site clearing, grading, or excavation will be in compliance with the vegetation removal permit requirements of the LDC. d. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not 3-7 increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District the project shall provide a letter or official document including an approved application or permit issuance from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. (3) If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the management area. e, Native vegetation retention area(s) shall not be used for parking, 3. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height, Walls shall be constructed of brick or stone facing. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). I. Signs: Signs shall be permitted as described in the Collier County LDC. J. Lighting: All lighting facilities shall be architecturally designed and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. K. Hours of Operation: The hours of operations shall be limited to 6 AM to 11 PM for all non-governmental services. 3-8 8D SECTION IV PRESERVE AREA PLAN 4. 1. PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "Au, CPUD Master Plan. A minimum of ten (10) percent of the existing 4.19 acres of native vegetation shall be devoted to natural habitat preserve areas as described in the LDC. 4.2. PERMITTED USES The CPUD Master Plan provides for 0.42 acres of upland preserve area, or 10% of the existing native vegetation. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations. No building, structure or part thereof, shall be erected altered or used, or land used, in whole or part, for other than the following and subject to permitting. Any clearing will be permitted and the required preserve acreage shall be retained un-cleared. A. Permitted Principal Uses and Structures 1 . Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the LDC. Fences and walls are not permitted within the preserve area. 2, Native preserves. 3. Any other use deemed comparable in nature by the Board of Zoning Appeals, B, Prohibited Uses and Structures: 1. Fences and walls. C. Development Standards 1. Minimum Yard Requirements 4-1 a. Principal structures shall be required to have a minimum setback of twenty-five (25) feet from preserve areas. b. Accessory structures and any site alteration shall be required to have a minimum setback of ten (10) feet from preserve areas. 4-2 i V SECTION V DEVELOPMENT COMMITMENTS 5. 1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5. 2. GENERAL A. All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes, and regulations applicable to this CPUD, Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the CPUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. B. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, Ay successor or assignee in title is bound by the commitments within this Document. 5.3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of the LDC. B. An annual monitoring report shall be submitted pursuant the LDC. 5. 4. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures, 5. 5. ENGINEERING Except as otherwise provided within this CPUD Document this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval, 5. 6. ENVIRONMENTAL A. All principal structures shall have a minimum setback of 25' from the boundary of any preserve, Accessory structures and all other site alterations shall have a minimum 1 O-foot setback. 5-1 8u B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff, Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and if platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, Setbacks shall be in accordance with the LDC. D, All conservation areas shall be designated as tracts/easements with protective C. covenants. If platted, these easements shall be dedicated on the plat to the property owners association for ownership and maintenance and to Collier County with no responsibility for maintenance, If the project applies for site development plan approval, the conservation areas shall be shown on the site development plan and protected by a conservation easement as set forth in the LDC. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval. The Preserve Management Plan shall identify methods to address treatment of exotic species, fire management and maintenance. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner, G. This CPUD shall be consistent with the Conservation and Coastal Management Element of the GMP and the environmental sections of the LDC in effect at the time of final development order approval. H. This CPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. J, All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 1 O-foot setback, 5-2 80 5. 7. PLANNING Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.8 ARCHITECTURAL A. All buildings within any single specific quadrant of the Neighborhood Center Sub district shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. B. All buildings shall have "Old Style Florida" metal roofs. The buildings shall have an "Old Florida" architectural style and be finished in light subdued colors, except for decorative trim. C. Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center is created. D. Adjacent buildings within the Snowy Egret Plaza CPUD shall be connected with walkways or courtyards. E. Drive-through establishments shall be limited to banks and pharmacies, with no more than 3 lanes. The drive-through areas shall be architecturally integrated with the rest of the building, F. The developer shall meet with the Golden Gate Estates Civic Association to discuss the architectural components of the proposed development prior to the submittal of a Site Development Plan application for the subject property. 5.9 TRANSPORTATION A. Access from Golden Gate Boulevard shall be located as far west from the intersection as possible. The Golden Gate Boulevard access may be restricted to "Right-lnU only condition due to the proximity to the intersection, B, Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment except when the roadway median between the two parcels has no opening. C, All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), 5-3 current edition. All other improvements shall be consistent with and as required by the LDC. D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO), E. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage, All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD Amendment is to be processed. F. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. G. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee except as defined in 5.7.A above. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing right-of- way or easement compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of- way or easement is determined to be necessary, the cost of such improvement 5-4 ,,;~ , shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. At the time of application for the first site development plan, the petitioner shall construct or contribute up to $5,000,00 to the Collier County School District for acquisition and/or construction of a public school bus stop waiting area facility, Such public school bus stop shall be located as close as possible to the subject site and be subject to approval by the Department of Alternative Modes of Transportation. M. Shared access and parking are permitted with adjoining commercial developments, subject to an access and/or parking agreement with the adjoining property owner. N, Future right-of-way needs along Wilson Boulevard and Golden Gate Boulevard shall be determined at the time of site development plan submittal, Any right-of-way required along Wilson Boulevard shall be subject to Section 3.6.H.1.e of this Document. The intersection of Golden Gate Boulevard and Wilson Boulevard is currently under design and the right-of-way needs of the County will be determined at the 30% design phase of the Golden Gate Boulevard improvement project. Upon the determination of the County's right- of-way needs, the developer shall donate at no cost to the County a strip of land running along the property frontage on Golden Gate Boulevard and Wilson Boulevard up to the reserved right-of-way area as defined on the Master Plan, not to exceed an additional 25 feet on either roadway. The dedicated right-of- way area shall count towards any necessary buffers and setbacks. 5.10 UTILITIES A. Since the project site is not presently serviced with centrally provided water and sewer, the project shall utilize well and septic systems until central water and sewer are available, B. A 40 feet by 60 feet easement to the County for the purpose of providing a wellfield site shall be provided to Collier County Utilities Division. The exact location of the site is depicted on the Conceptual Master Plan (Exhibit A). 5.11 WATER MANAGEMENT Surface water management for the project shall be designed according to South Florida Water Management District and Collier County design standards. The system shall attenuate the 25-year 3-day storm even as well as meet current water quality treatment criteria, The project will provide water management within the required preserve area subject to the conditions of Section 3.6,1.2 of this Document. 5-5 .. August 24, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2005-AR-7834: Snowy Egret Plaza CPPUD Dear Legals: Please advertise the above referenced notice on Sunday, September 24, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej ohn, Deputy Clerk P.O.lAccount # 113-138312-649110 an L.: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 10, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITH WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT (W1) OVERLAY (E-ST/WS1) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A CPUD TO BE KNOWN AS THE SNOWY EGRET PLAZA CPUD, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE BOULEVARD (CR 876) AND WILSON BOULEVARD, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.19 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-2005-AR-7834, Black Bear Properties of FL, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-1 zoning district (E-ST/WS1) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.19 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. . : .,\ ?"'\ J' ., , ;; .' Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts Coijjity-ofCollier CLERK OF THE-CIRCl{IT COURT COLLIER COUNTY QoURT40USE 3301 TAMIAMI TRAIL EA~)T P.O. BOX 4f~044\ NAPLES, FLORlDA~~jlOl-3d~A -I ii' Clerk of Courts Accountant Auditor Custodian of County Funds August 24, 2006 Tim Hancock Davidson Engineering, Inc. 2154 Trade Center Way, Suite 3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7834; Snowy Egret Plaza CPPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 6...uJ.. ~.o.( ~ Ann J ennejQhn, U Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'c.o'lJ.J1ty- OfC{)l,li er CLERK OF THb"ClRCqIT COURT COLLIER COUNTY g<?URTIlPUSE 3301 TAMIAMI TRAIL EA.sT P.O. BOX 41~~044\ NAPLES, FLORIDA ~~,41 0 1-3044 1/ 8 .- U Clerk of Courts Accountant Auditor Custodian of County Funds August 24, 2006 I _____-I - / Black Bear Properties of FL, LLC 840 Jung Blvd. W. Naples, FL 34120 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7834; Snowy Egret Plaza CPPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~.o.(. Ann J ennej oCfm, 0 Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Ann P. Jennejohn From: Sent: To: Subject: ClerkPostmaster Thursday, August 24, 2006 2:52 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT1119692.txt; PUDZ-2005-AR-7834 1'!:1..=-. 'c ~ R"/1.. " L:::.J ATI1119692.txt PUDZ-200S-AR-783 (229 B) 4 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 \.... Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, August 24, 2006 2:52 PM Ann P. Jennejohn Delivered: PUDZ-2005-AR-7834 Attachments: PUDZ-2005-AR-7834 L:2j'. ~, f ,'.,.~,' PUDZ-200S-AR-783 4 <<PUDZ-2005-AR-7834>> Your message To: legals@naplesnews.com Subject: PUDZ-2005-AR-7834 Sent: Thu, 24 Aug 2006 14:52:17 -0400 was delivered to the following recipient(s): legals on Thu, 24 Aug 2006 14:52:22 -0400 1 PUDZ-2005-AR-7834 Page 1 of 1 80 Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, August 24,20063:11 PM To: Ann P. Jennejohn Subject: RE: PUDZ-2005-AR-7834 OK ..,~<._._._..~<"_,w.__.,._._,~_.~~~_.~~_,m~~~~_~_~~_~~,,~,~_~~~~___~~'~_~'____~~_'_~____"__~__~___'_'_"_'___..~_~_m~..._~~._._____.w___,_.'~___""'__'_"___~_'___,_~.__._~.~w_.~._'..__~_._'__'_'_~_~ From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Thursday, August 24, 20062:52 PM To: legals@naplesnews.com Subject: PUDZ-2005-AR-7834 Good Morning, Please advertise the attached on Sunday, September 24, 2006. <<PU DZ -2005-AR-7834.doc>> < <pu DZ -200 5-AR-7834 .doc>> Thank you! Ann 8/24/2006 NAPLES DAILY NEWS Published D"ih Naples. FL ,~102 Affidavit of Publication State of Florida County of Collier Before the undersigned they seI\'C as the authority', personally appeared PI!ilLcwis, who on oath says thallhc, scr\'c as the Editor of the Naples Daily. ,i daily nc~vspapcr published at Naples. in Collier Count). FloTld": distributed in CollIer "nd Lee countIes or Florid": that the att"ched copy of the advcriising. being a PUBLIC NOTICE in the m"tter or PUBLIC NOTICE was published in said newspaper I time in the issue on, September 24111 2006 ..\lTiant tllrtlwr says that the said :\"apks Daily' Xcws is a newspaper puhlished at 'apk;,:, in said Collier County'. Florida. and thai the said Il..:wspaper has Iwrdofor..:: been continuously published in said Collier County. J.lorida; distributed in Collier and J ,CtO counties of Florida cud, day and has h"en ent<::r.;d as second class mail matt..:r .11 th..: post olfiL'c in "aples_ in said Colli~r County_ Florida, for a period of I y.::ar next pre<.:Lding the lirs! publication ofth.:: attach<:d <:opY of ad\'er1isemcnL and affiant furth<:r says that h..:: has neither paid nor promisL'd any person, lirm or L'\)rporatioll any discount, n:hate. ,;oll1missioll or rdulld for Ih..:: purpo;;..:: of s<.:curillg this adh'11is.:::mL'llt for pub on in the said nc\ aper ~ Sworn to and subscribcd before mc This 2..t.rJ' day of September. 20U6 ./ a~'-7 _ CL<d_.rk:; or not"f) Iblie) ~ ~d :(:\~'~'Et". ~'o<OO'S 11::11__ _'J(J7 '!l\;,~--} "'-" ~- -.>r":" C' .,.~""".,-~ PUIlZ--.....7134 ,'l!l..~INTMTO __ ORDlMANCE !l!>IIce 's hereby .'ven ~n.t on TUESDAy, Octo- ber 10. 2006, In the Boardroom, 3rd Floor Administration Bl.Illdlng: CollIer county GOvern- ment center, 3301 Eut Tamlaml Trail, Naples, Florida. the Board of County CommissIoners will con5lder the enaet- ment of. a County Ordi- nance. The meetrng will commence' at 9:00 A.M. The'tltte of the !)ro. posed OrdInance Js as follows: AN ORDINANCE OF THE BOARP OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED.' TIotE COLLIER COUNTY' LAND DEVELOP- MENT CODE' WHICH IN. eLUDeS THe COMPRE- HENSIVE ZONING REGU. LATIONS FOR THE UNIN- CORPORATED AREA OF COLLtER COUNTY FlORIDA BY .AMENDING THE APPROPRIATE ZON. INO ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFI. CATION OF THE HEREIN EDRES<:RIRiD REAL PROP- R'TY. ~OM THE -es- TATES (E) ZONING DIS- TRICT WITH WELLFIELD RISK MANA.GEMENT SPECIAL TR!'ATMENT (IV1) OVERLAV (E- ST/W$l) TO THE COM- MERCIAl. PUNN'ED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A CPUP TO BE KNOWN AS . THE SNOWY EGRET PLA- ZA CPUDL LOCATED AT THE SOU I HWEST COR. N.ER OF THE INTERSEC. TION OF GOLDEN GATE BOULEVARD (CR 876) NNO WILSON BOULE- VARD, IN SECTION 9 TOWNSHIP 49 SOUTH' RANGE 27 EAST. COLLIER ~Ji'1l'jg.<..C~: ~DfNG AttJ '" ~, .), i -,~ r ~ ~1 8D Pet'lto. PUDZ-Z0G5-AR- 7834, . Stack lear Proper- ties of FL. LtC, repr,- sllnted by Tim Hancock, 01 Davld$O/1 Engineering, Inc., 15 requestln,g a re- ;:l1ne from the. Estates. weUfleld Risk ManalJe~ mt:nt $tMCI~ Treatment OverlaY%one W,l zon. Ing distrICt (l-ST IWS1) to the CommercIal Planned Unit Develop. ment (CPUD) zoning dis- trict for C-3Intermedl. ate Commercial land uses, whiCh can provIde a variety of services with a common archl- tecturaltheme. lIS, regu- latedln the Neighbor- hood Comr;erclal Cen- ter of the Golden Gate Arf!a MaUer Plan (GGAMP). Tl\esubJect property. conslsUng of 4.19 acres, Is located, at the s;outhwest corner of the Intersection of Gold- en Gate Boulevard and Wilson Boulevard.-ln Sec~lon 9.. Township 49 South, ~ 27 WI. Collier County. Florida. CORles of the proposed Ordinance are on file with the Clerk to the Board -and are available for Inspection. All Inter. ested parties are Invited to attend and be heard. NOTE: All I'ersOM wish- Ing to speak on any agenda Item must regis- ter with ti:'le County ad- mInistrator frlor to pre- sentatIon 0 the agenda Item to be addressed. individual speakers will be Iiml*ed to 5 minutes on any item. The sek!c- tlon of an Individual to 'speak on be\1alfof an orQl;nlzatlon or groUP Is encouraged. If recog. nlzed by the Chairman. a spokesperson for a group or org.nlzatlon may be allotted ,10 min. ~~~. to speak on an Persons wishing to have written or graphiC ma. terlals Included In the Board agenda packets must submit said ma. terlal a mlnlm\Jm of 3 weeks, prior to the re- spective public hearIng, ~r1~c~';n~~~ma. consider by the Board shaH be submitted to the appropriate County staff a mInImum of sev- e"days prior to the public hearing. All ma- terial used In presenta- tions before the Board will become a perma- nent part of the record. Any person who decides to appeal . decision of the Board wIll, need a re- cordof the proceedIngs pertainIng' thereto and therefore. may need.. to ensure that a verbatim re;cord of the proceed- Ings Is made, which re- cord .Includes the testi- mony and evidence ~b~~lch the appeai BOARD OF COUNTY COMMISSIONERS COL.LIER COUNTY, FLORIDA ~~~NK HALAS. CHAIR. DWIGHT E. IilROCK. CLERK. ~. Ann JenneJOhn, Dep- u .Clerk ' (S L) Sept, 24 No. 1435129 ORIGINAL DOCUMENTS CHECKLIST & ROUTI!a.i!-IP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE~~ 8 n Print on pink paperTA~a~ ~~~~c~~t~?g~~rc~m~~~~~~~l~~~~!~ 2:!~~~c~~~omp~ed routin~::and OriginY documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l.Connie Johnson CDES Administration 2. .. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC oft1ce only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A proved by the BCC Type of Document Attached Michael 1. DeRuntz, C.F.M., Principal Planner, Zonin and Land Dev. Review October 10, 2006 Agenda Item Number 403-2416 8D Yes (Initial) N/A (Not A licable) Phone Number Ordinance (AR-7834) Number of Original Documents Attached I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fulIy executed by alI parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) AII handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to TalIahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on October 10.2006 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 2. 3. 4. 5. 6. ....<....'" .... 'r.;.........Ii!....,.. . &ii:;~; . . - . .. .,., 8D ORDINANCE NO. 06 _ 47 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITH WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT (WI) OVERLAY (E-ST/WS1) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A CPUD TO BE KNOWN AS THE SNOWY EGRET PLAZA CPUD, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE BOULEVARD (CR 876) AND WILSON BOULEV ARD, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.19 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Black Bear Properties of FL LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property pursuant to petition number PUDZ- 2005-AR-7834. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 9, Township 49 South, Range 27 East, Collier County, Florida, is changed from the Estates, Wellfield Risk Management Special Treatment (W-1) Overlay Zone (E-ST/WS1) to a Commercial Planned Unit Development (CPUD) Zoning District in accordance with the Snowy Egret Plaza CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PUDZ-2005-AR-7834 lof2 .~: , t., . "(' 1'_~ 8D PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this IDtlJ day of ()c:fvL~-r ,2006. ATTEST:, ])WIGHT E. BROCK, CLERK . By:1L.utN~O( . "tte's~, at to . '.. lerk s1gnat,," onlv BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ FRANK HALAS, CHAIRMAN By: Approved as to form and legal sufficiency Marjori . Student-Stirling Assistant County Attorney -/)1;/1 P .L~:' ~- -- ~~~ PUDZ-2005-AR-7834/MJD/sp PUDZ-2005-AR-7834 2of2 a:"" " p.,., 8D SNOWY EGRET PLAZA CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: Black Bear Properties of FL LLC 840 Jung Blvd W Naples FL 34120 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 Exhibit A DATE REVIEWD BY CCPC 9-7-06 DATE APPROVED BY BCC 10-10-06 ORDINANCE NUMBER 2006-47 AMENDMENTS AND REPEAL TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE iii SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III: COMMERCIAL DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE AREA PLAN 4- 1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 Section VI: DEVIATIONS 6-1 .'! .' · ,:' IJi;;j 8 D EXHIBIT "Au 8[ LIST OF EXHIBITS AND TABLES CPUD Master Plan ii rt' , 8D STATEMENT OF COMPLIANCE The development of approximately 4.19 acres of property in eastern Collier County as a Commercial Planned Unit Development to be known as the Snowy Egret Plaza CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County GMP. The commercial facilities of the Snowy Egret Plaza CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Neighborhood Center Subdistrict of the Estates-Mixed Use Designation as identified on the Future Land Use Map and as described in the Golden Gate Area Master Plan, The Golden Gate Area Master Plan permits commercial land uses, limited to intermediate commercial uses, so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. For the purpose of this rezone, a pharmacy or drugstore with up to two ancillary drive through lanes to serve the pharmacy only and not located between the main structure and an adjacent roadway will not constitute a "drive through establishment" as prohibited by the Neighborhood Center Sub district of the Golden Gate Area Master Plan. 1. The Snowy Egret Plaza CPUD is compliant with the Neighborhood Center Subdistrict criteria established in the Golden Gate Area Master Plan. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project shall be in compliance with Objective 3.1 of the Conservation and Coastal Management Element of the Growth Management Plan, 6, All final local development orders for this project are subject to the Adequate Public Facilities sections of the LDC, as required by Objective 2 of the Future Land Use Element. 7. The project is located within a well field protection zone and the project development is planned to protect the function of these natural groundwater aquifer recharge areas as described in Objective 1 ,5 of the Drainage Sub- element of the Public Facilities Element and Objective 3.1 of the Conservation and Coastal Management Element of the GMP. iii ._ii!.' i!I'\;..' ", ~,: '.: '. ~~,:. ^". Alii(({"" ~~ 8' if) SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1 . 1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Snowy Egret Plaza CPUD. 1.2 LEGAL DESCRIPTION The subject property being 4.19 acres, is located in Section 9, Township 49 South, Range 27 East and is fully described as: All of Tract 125, Golden Gate Estates, Unit No. 12, according to the plat thereof, as recorded in Plat Book 4, Page 105, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Black Bear Properties of FL LLC. 1.4 PHYSICAL DESCRIPTION The subject property is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard and is primarily located within the Main Golden Gate Canal Basin. The proposed outfall for the project is to an existing Wilson Boulevard swale along the eastern boundary of the project. Natural ground elevation varies from 12,5 feet to 13.2 feet NGVD. The subject property is also located within zone W-1 of the Golden Gate Well Field. The entire site is located within FEMA Flood Zone "0" with no base flood elevation specified, The site is dominated by slash pines, cypress, and cabbage palms. 1.5 PROJECT DESCRIPTION The Snowy Egret Plaza CPUD shall be a commercial development of a mixture of retail, office and general commercial land uses. The buildings within the proposed development will have a common architectural theme, 1 .6 SHORT TITLE This Ordinance shall be known and cited as the "Snowy Egret Plaza Commercial Planned Unit Development Ordinance," 1- 1 -p.'."n r t.t .~ BD SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development relationships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships. 2.2. GENERAL A. Regulations for development of the Snowy Egret Plaza CPUD shall be in accordance with the contents of this Document PUD-Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of application for the type of development order to which those regulations relate. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted the definitions of all terms shall be the same as the definitions set forth in LDC in effect at the time of application for the type of development order to which those regulations relate, C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Snowy Egret Plaza CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this CPUD Document shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the LDCo 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. 2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a plat and/or condominium plat for all or part of the CPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the CPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. 2-1 ....,:. 'i~' 8D B. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. If applicable, a preliminary subdivision plat shall be submitted for the entire area covered by the CPUD Master Plan subsequent to or concurrent with CPUD approval. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. C. The provisions of the LDC when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said LDC prior to the issuance of a building permit or other development order. D. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 2.5. PUD DOCUMENT AND MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract. lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application subject to provisions of the LDC. B, The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements as limited by the LDC to the Snowy Egret Plaza CPUD Master Plan upon written request of the developer. C. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. D. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however. the Administrator or his designee's approval shall not constitute an authorization for development or the implementation of the minor change or refinement unless the applicable permits are first obtained. 2,6 Amendments to the PUD Document Amendments to the CPUD Document may be made in accordance with the process set forth in the LDC. Maintenance of Common Areas 2-2 BD A property owners association shall be established for the maintenance of all common areas within the project unless the property is developed and owned by a single entity. 2-3 Ii ;" ..., l<~~ 80 SECTION III COMMERCIAL AREAS PLAN 3. 1. PURPOSE The purpose of this Section is to set forth specific development standards for the commercial areas as shown on Exhibit "Au, CPUD Master Plan. 3. 2. GENERAL DESCRIPTION Commercial areas designated on the CPUD Master Plan are intended to provide retail and office uses with a common architectural theme. 3. 3. PERMITTED USES No building or structure, or part thereot shall be erected altered or used, or land used in whole or in part for other than the following: A Permitted Uses: 1. Accounting, auditing and bookkeeping services (group 8721). 2, Apparel and accessory stores (groups 5611--5699). 3. Auto and home supply stores (group 5531). 4. Barber shops (group 7241), except barber schools. 5. Beauty shops (group 7231), except beauty schools, 6. Business services (groups 7311, 7322-7330, 7332-7338, 7361--7379, 7384, 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers), 7, Child day care services (group 8351). 8. Eating places with 6,000 square feet or less in gross floor area in the principal structure (group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption shall be subject to the locational requirements of the LDC. 3-1 ." "':1f1'.' , i'.- '1", 80 9. Food stores (groups 5411--5499), within 200 feet of the south property line, stand alone convenience stores shall not be permitted. 10. General merchandise stores (group 5399). 11 . Hardware stores (group 5251). 12. Health services (groups 8011--8049, 8082), 13. Home furniture, furnishing, and equipment stores (groups 5712--5736). 14. Insurance carriers, agents and brokers (groups 6311--6399,6411). 15. Legal services (group 8111). 16. Management and public relations services (groups 8741--8743, 8748). 17, Membership organizations (groups 8611--8699). 18. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 19. Miscellaneous retail (groups 5912-5963, except pawnshops and building materials, 5992-5999, except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 20. Museums and art galleries (group 8412). 21. Non-depOSitory credit institutions (groups 6111--6163). 22. Offices for engineering, architectural, and surveying services (groups 0781, 8711-- 8713). 23. Paint glass and wallpaper stores (group 5231). 24. Personal services (groups 7212,7215,7216 non-industrial dry cleaning only, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 25. Photographic studios (group 7221). 26, Physical fitness facilities (group 7991). 3-2 8D 27. Public administration (groups 9111--9199,9229,9311, 9411--9451, 9512--9532, 9611 --966 1 ), 28. Real estate (groups 6531--6552). 29, Retail nurseries, lawn and garden supply stores (group 5261). 30. Security and commodity brokers, dealer, exchanges and services (groups 6211-- 6289), 31 , Shoe repair shops and shoeshine parlors (group 7251). 32. Transportation services (group 4724), travel agencies only. 33. United States Postal Service (group 4311 except major distribution centers). 34. Veterinary services (groups 0742,0752 excluding outside kenneling), 35. Videotape rental (group 7841). 36. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Accessory Uses: 1 , Uses and structures that are accessory and incidental to the permitted uses within the CPUD Document. 2. Caretaker's residence, in accordance with the LDC, 3. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (IBZA"). 3.4. PROHIBITED USES The following principal permitted uses are prohibited within the Snowy Egret CPUD: A. Prohibited Uses: 1. Drinking places (group 5813) 2. Liquor stores (group 5921) 3. Mail order houses (group 5961) 4. Merchandizing machine operators (group 5962) 3-3 ;." ~; , 8D 5. Power laundries (group 7211) 6. Crematories (group 7261) (does not include non-crematory funeral parlors) 7. Radio, N representatives (group 7313) 8. Direct mail advertising services (group 7331) 9. NEC recreational shooting ranges, waterslides, etc, (group 7999) 10. General hospitals (group 8062) 11 . Psychiatric hospitals (group 8063) 12. Specialty hospitals (group 8069) 13. Elementary and secondary schools (group 8211) 14, Colleges (group 8221) 15. Junior colleges (group 8222) 16. Libraries (group 8231) 17. Correctional institutions (group 9223) 18. Waste management (group 9511) 19, Homeless shelters and soup kitchens 20. Automobile parking (group 7521) 21 . General merchandise stores (group 5331) 22. Pawn Shop (group 5932) 23. Adult book store 24, Gasoline service stations (group 5541) 25. Automotive services (group 7549) 26. Group care facilities. 27. Individual and family social services (group 8322). 3-4 80 3. 5. CONDITIONAL USES The following uses are permissible as conditional uses, subject to the standards and procedures established in the LDC: 1. Conditional uses permissible within the "E" Estates zoning district. 3. 6. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet, B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Fifteen (15) feet, 3. Rear yard: Fifteen (15) feet. 4. Preserve setback: a. Principal structures: Twenty-five (25) feet. b. Accessory Structures: Ten (10) feet. D. Minimum Distance Between Principal Structures: Fifteen (15) feet. E. Minimum Floor Area: Seven hundred (700) square feet. F. Maximum Height: Actual height shall be thirty-five (35) feet and one (l)-story. Tower features, cupolas and similar architectural features required by the LDC shall not exceed 45 feet in actual height. G. Open Space Requirements: 1 . Green space in the form of functional public open-space equal to seven percent of the size of the vehicular use areas shall be provided as part of the required open space. Such green space shall be developed as follows: a, Green space shall be developed within the front yard(s) or as pedestrian accessible courtyards. The courtyards must only be located in areas that are in close proximity to the retail shopping area and in areas likely to be used by pedestrians visiting the shopping center and retail establishment. 3-5 80 b. Green space shall be considered areas designed for environmental, scenic or noncommercial recreation purposes and be pedestrian-friendly and aesthetically appealing, c. Green space may only include the following: lawns, mulch, decorative plantings, non-prohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning services director deems appropriate. d, Green space shall include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area, and a minimum of one tree or palm tree for each 250 square feet of green space area. The green space area shall use existing trees where possible and landscaping credits will be allowed as governed by the LDC. e. Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. f. Green space shall be in addition to the building perimeter planting area requirements and other landscaping requirements. Green space may be used to meet the open space requirements set forth LDC, and shall be labeled "Green Space" on all subdivision and site plans. g. The interior landscape requirements as required by the LDC for this CPUD shall be reduced to an amount equal to five percent of the vehicular use area on-site. 2. A minimum of ten (10) percent of the subject property shall be devoted to native vegetation preserve area as described in the LDC. H. Buffering Requirements: 1 . A twenty-five (25) foot wide buffer shall be provided along both Golden Gate Boulevard and Wilson Boulevard, with the landscaping as required in the Golden Gate Area Master Plan and the LDC, which includes the following: a. Two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double hedge at least 24 inches in height at 3-6 80 time of planting and attaining a minimum of three feet height within one year. b. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed or shrubs and ground covers other than grass. c. Existing native trees must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained where possible, to aid in achieving this buffer requirement. d, Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. 2. A seventy-five (75) foot wide buffer of retained native vegetation shall be provided along the western and southern side property lines. a. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. b. A minimum of 50 feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LDC. Should the adjoining parcel be rezoned for commercial purposes or as a conditional use, the required buffer shall be reduced to 25 feet which shall be retained as native vegetation. c. The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet the LDC. Any site clearing, grading, or excavation will be in compliance with the vegetation removal permit requirements of the LDC. d. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District the project shall provide a letter or official document including an approved application or 3-7 BD permit issuance from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. (3) If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the management area. e. Native vegetation retention area(s) shall not be used for parking. 3. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone facing. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire), I. Signs: Signs shall be permitted as described in the LDC. J. Lighting: All lighting facilities shall be architecturally designed and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. K. Hours of Operation: The hours of operations shall be limited to 6 AM to 11 PM for all non-governmental services. 3-8 , , BD SECTION IV PRESERVE AREA PLAN 4. 1. PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "Au, CPUD Master Plan. A minimum of ten (10) percent of the existing 4.19 acres of native vegetation shall be devoted to natural habitat preserve areas as described in the LDC. 4. 2. PERMITTED USES The CPUD Master Plan provides for 0.42 acres of upland preserve area, or 10% of the existing native vegetation, Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations. No building, structure or part thereof. shall be erected altered or used, or land used, in whole or part for other than the following and subject to permitting. Any clearing will be permitted and the required preserve acreage shall be retained un-cleared. A. Permitted Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation, For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the LDC. Fences and walls are not permitted within the preserve area. 2. Native preserves. 3. Any other use deemed comparable in nature by the board of zoning appeals. B. Development Standards 1. Minimum Yard Requirements a. Principal structures shall be required to have a minimum setback of twenty-five (25) feet from preserve areas. b. Accessory structures and any site alteration shall be required to have a minimum setback of ten (10) feet from preserve areas. 4-1 8D SECTION V DEVELOPMENT COMMITMENTS 5. 1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5. 2. GENERAL A All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. B. The developer, his successor or assignee shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. Ay successor or assignee in title is bound by the commitments within this document. 5. 3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A This PUD is subject to the Sunset Provisions of the LDC. B. An annual monitoring report shall be submitted pursuant the LDC. 5. 4. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures. 5. 5. ENGINEERING Except as otherwise provided within this CPUD Document this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 5-1 .._"________..,'<~_".-.----.-".-.-,..-"P..,.."..-.-..-" ,....,,_..<<_,,"...,.__,._.0_"." 8D 5. 6. ENVIRONMENTAL A. All principal structures shall have a minimum setback of 25' from the boundary of any preserve, Accessory structures and all other site alterations shall have a minimum 1 O-foot setback. B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks shall be adhered to in accordance with the LDC. D. All conservation areas shall be designated as tracts/easements with protective covenants. Conservation easements shall be dedicated on the plat to the property owners association for ownership and maintenance and to Collier County with no responsibility for maintenance. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval. The Preserve Management Plan shall identify methods to address treatment of exotic species, fire management and maintenance. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. G. This CPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. H. This CPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. I, All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 1 O-foot setback. 5-2 8D 5. 7. PLANNING Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.8 ARCHITECTURAL A. All buildings within any single specific quadrant of the Neighborhood Center Sub district shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. B. All buildings shall have "Old Style Florida" metal roofs. The buildings shall have an "Old Florida" architectural style and be finished in light, subdued colors, except for decorative trim. C. Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center is created. D, Adjacent buildings within the Snowy Egret Plaza CPUD shall be connected with walkways or courtyards, E. Drive-through establishments shall be limited to banks and pharmacies, with no more than 3 lanes; the drive-through areas shall be architecturally integrated with the rest of the building. 5.9 TRANSPORTATION A. Access from Golden Gate Boulevard shall be designed to be located as far west from the intersection as possible. The Golden Gate Boulevard access may be restricted to "Right-In" only condition due to the proximity to the intersection. B. Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment except when the roadway median between the two parcels has no opening. C. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC (LDC) D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). 5-3 8D E. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage, All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res, 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD Amendment is to be processed, F. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project as determined by Collier County, shall not be eligible for impact fee credits, All required improvements shall be in place and available to the publiC prior to the issuance of the first CO, G, All work within Collier County rights-of-way or publiC easements shall require a Right-of-way Permit. H, Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point, Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee except as defined in 5.7.A above, I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J, If any required turn lane improvement requires the use of existing County right- of-way or easement compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. At the time of first application for site development plan, the petitioner shall construct or contribute up to $5,000.00 to the Collier County School District for acquisition and/or construction of a public school bus stop. Such public school bus stop shall be located as close as possible to the subject site and be subject to approval by the Department of Alternative Modes of Transportation. 5-4 80 M. Shared access and parking are permitted with adjoining commercial developments, subject to an access and/or parking agreement with the adjoining property owner, N. Future right-of-way needs along Wilson Boulevard and Golden Gate Boulevard shall be determined at the time of site development plan submittal. The intersection of Golden Gate Boulevard and Wilson Boulevard is currently under design and the exact right-of-way needs of the County will be determined at the 30% design phase of the Golden Gate Boulevard improvement project. The developer shall donate at no cost to the County the reserved right of way area as defined on the master plan, not to exceed 25 feet along Golden Gate Blvd. and 15 feet along Wilson Blvd. Should Collier County need additional area along Wilson Blvd. to facilitate roadway improvements, the developer will grant up to 10 additional feet in the form of an easement for the Counties use consistent with the buffering requirements contained in the Neighborhood Center Sub district. 5.10 UTILITIES A. Since the project site is not presently serviced with centrally provided water and sewer, the project shall utilize well and septic systems until central water and sewer are available. B. A 40 foot by 60 foot easement shall be provided to the County for the purpose of providing a well field site. The exact location of the site is depicted on the Conceptual Master Plan (Exhibit A). 5.11 WATER MANAGEMENT Surface water management for the project will be designed according to South Florida Water Management District and Collier County design standards. The system will attenuate the 25-year 3-day storm even as well as meet current water quality treatment criteria. The project will provide water management within the required preserve area subject to the conditions of Section 3.6.1.2 of this Document. 5-5 o i:: " , I II I II II ~I ~ II Z I -- ~iI: Zt...n "N.g5% 19 if~~ e ~;D i~ I u. ~ ~:I: '" \::~a.o ~~~~ ..m -;;u - I -, II I "_" .....III/MJ . ........ . ...... ".,... --.., ---- I I I '!i ~ '" o ;u g z t. I ':$ ~oa ~~. ;Cm ""u. ~O ~Z 8~~C il:O~:I> 'tl Z-l< ~~;: - 5~~a z~ocn p~~O g~rriZ "~;;u !~~m ...~:<Z N~a $~-Z ~Wm ~~m ll: ;E ::llI m_ ~Z 5Q 00.. 6_ l>Z ~n "'" _"_" w... .".... ------====: ~~ -- l>c:> !l:lil!!i!~!!illiiil!i!illjl Ii! !!j:1 I~ ~:J 00t'l ~ h ~~ "Oil u~~;n ~ PI !;t'l ~~~"~~i~~~I~~i ;U~~~~! ~~~a~ Iz.. I~ ~s~J~~~~' ~~ N Iii la, I;!,il, Ill:!'ll!ll! ~.~ 1\ ~ii1 t i.~~~~;z~ I~ ~ ~~;I' i~~I. ~ i~" ~~~~ ; ~ ~ . l;hU!! ii!i i~U ~Ui h ~ ~~~~ .; =l>l:::i ! ~~ ~ I ;I~~~~~~ ~~m6 ~~~~ ~~ ~ _"_" - IN ---:.=-.::: .,,,... ,,,. """"" ': _____;:; .............-'__ I~ ___~-~~~~~=. L__ c.=!-~~~=-=--:-::-- ._1...... . .JM!!I.L'II!ll."..!. __ -lil-m 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 2006-47 Which was adopted by the Board of County Commissioners on the loth day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ hl9--L 0.( . By: Ann Jennejohn" !if \ Deputy Clerk 8D MEMORANDUM Date: October 17, 2006 To: Kay Nell, CLA County Attorney's Office From: Teresa Dillard, Deputy Clerk Minutes and Records Re: Resolution(s) 2006-265, 2006-266 and 2006-267 9 Enclosed please find one (1) copy of the document, as referenced above (Agenda Hem(s) #9A, #9B, and #9C) adopted by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments (3) 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he h,md delivered In the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ollicc only after the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information nceded. Ifthe document is already complete with the exception of the Chairman's sil!nature, draw a line throus!h routing lines # I through #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature arc to be delivered to the BCC otlicc only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was October 10, 2006 Agenda Item Number 9A Approved by the BCC Type of Document Resolution I'(P .-- aw) Number of Original I Attached " Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties cxce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's siunature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. ~) N/A C\Y ~ ~. I: Formsl County FomlS/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2006-265 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT CHARLES L. MARTIN, JR., TO THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91-38, as amended, creating the Black Affairs Advisory Board, and provides that the Advisory Board shall consist of nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Black Affairs Advisory Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Charles L. Martin, Jr., is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2010. This Resolution adopted after motion, second and majority vote. DATED: October 10, 2006 ArrEST: DWIGHTE;,.eROCK, Clerk ';";' ",. " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~~hc Attest '.,to Chat,... I 51gn.turt 0111. By: ~/2~./' FRANK HALAS, Chairman Approved as to form and legal sufficiency: v11/I V~ Michael W. Pettit Chief Assistant County Attorney r-"""~"~ 'lito".;;, Dft- I :,e' ,IQ/IOJcfp \, ;<\tc 10 l:Pb ,,'ed ~ -I J t.--"..~.. .", ~ \,;,. 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pmk paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line througli routing lines # I throul!:h #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statTfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was October 10, 2006 Agenda Item Number 9B Approved by the BCC Type of Document Resolution 0&>- d-to\o Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. Yes (I nitial) N/ A (Not A licable) 2. 3. 4. 5. 6. (f) N/A 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2,24,05 MEMORANDUM Date: October 17,2006 To: Kay Nell, CLA County Attorney's Office From: Teresa Dillard, Deputy Clerk Minutes and Records Re: Resolution(s) 2006-265, 2006-266 and 2006-267 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item(s) #9A, #9B, and #9C) adopted by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments (3) ('l. .......~ 1;/j 9C! RESOLUTION NO. 2006-266 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT ROBERT MILLER TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92-18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, there is currently a vacancy in the Everglades City representative category; and WHEREAS, Mayor Sammy Hamilton, Jr., has provided the Board of County Commissioners with his recommendation for appointment to the Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that Robert Miller, representing Everglades City, is hereby appointed to the Tourist Development Council to fulfill the remainder of the vacant term plus an additional 4 year term, said term to expire on April 21, 2011. This Resolution adopted after motion, second and majority vote. DATED: October 10, 2006 ATTEST: DWIGHT'g,BRQCK, Clerk BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FLORIDA ~k e s . . (;.$ to C:!",,~ 11"1l1dn s i 1qll.1:t\!f~ "r'! Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney _.......~. Item# ..9~ O,,(c !Q-l \~~~ I f i;'!);j 19f1~! ___~_W~_.. Ii:' "/', ',!,...l ~:~::Y,('.~:~.~"",,- . 9C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original documents are to be forwarded to the Board Office only llf!u the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sie:nature, draw a line throul!l1 routing lines #1 throU2h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was October 10,2006 Agenda Item Number 9C Approved by the BCC Type of Document Resolution Cl.e - ';}k. q- Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es if a Iicable. Yes (Initial) 2. 3. 4. 5. 6. c N/A r& I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 9C MEMORANDUM Date: October 17, 2006 To: Kay Nell, CLA County Attorney's Office From: Teresa Dillard, Deputy Clerk Minutes and Records Re: Resolution(s) 2006-265, 2006-266 and 2006-267 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item(s) #9A, #9B, and #9C) adopted by the Board of County Commissioners on Tuesday, October 10,2006. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments (3) ~L' RESOLUTION NO. 2006-267 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO REAPPOINT MEMBERS TO THE HISTORICI ARCHAEOLOGICAL PRESERVATION BOARD WHEREAS, Collier County Ordinance No. 91-70 created the Historic/Archaeological Preservation Board and provides that the County Commission shall appoint seven (7) members to the Historical! Archaeological Preservation Board; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Historical/Archaeological Preservation Board has submitted to the Board of County Commissioners its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sharon Kenny, representing the History category, is hereby reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to expire on October 1, 2009. 2. Patricia A. Huff, representing the History category, is hereby reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to expire on October 1, 2009. 3. William J. Dempsey, representing the category of Citizen at Large, is hereby reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to expire on October 1, 2009. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of William J. Dempsey to this Committee. This Resolution adopted after motion, second and majority vote. ATED: October 10, 2006 ATTEST: DWIGHT E.BR,OCK, Clerk ~ .' t. ...'.... " .'- .,pC.... >< ". ~cQux~~ . \ . ~:,; l?eRutY. C1E1,rk Atl,..ht ,,,S' \41 Cn~ ;I"'IUR S $1iJn:wr~ c,ll ti BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~a~.e:::: FRANK HALAS, Chairman f/1/11 V au Michael W. Pettit Chief Assistant County Attorney ..r..... 1::~~','c'nQ'cl I [1\;,;, 'r;' .._.._-:1H__ I. rojtoicf. t . j ! r., . MJidc I ~...".~~ --.-.--'---.'._'--~-- c:P~".~'::__~ Approved as to form and legal sufficiency: 108 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should bc hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's signature. draw a line through routing lines # 1 throul!h #4. comDlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Frank Halas, Chairman Board of County Commissioners 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the Bce has acted to approve the item.) Name of Primary Staff Steve Carnell Phone Number 774-8371 Contact Agenda Date Item was 10/1 0/06 Agenda Item Number 10.B Approved by the BCC Type of Document Resolution and New Purchasing Policy Number of Original 21 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_1O/lO/06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. SC SC I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: Ocotber 12, 2006 To: Steve Carnell Purchasing/General Services Director From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-268; Purchasing Policy of Collier County Enclosed please find one (1) copy of the original document referenced above, Agenda Item #10B, approved by the Board of County Commissioners on Tuesday, October 10,2006. We have kept an original for the official public record. If you should have any questions, please call me at 774-8411 Thank you. Enclosure lOB lOB Agenda Item NO.1 OB October 10, 2006 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to Modernize and Update The County's Purchasing Policy. OBJECTIVE: To enable staff to procure commodities and services in a more efficient, effective and accountable manner. CONSIDERATIONS: The Board of County Commissioners agency typically purchases more than $350 million in commodities and services annually. These purchases are governed by a policy adopted by resolution by the Board. Portions of the current purchasing policy have not been updated for several years. The dollar thresholds governing formal and informal competition have not been adjusted since September, 1997. The thresholds pertaining to the authorization of work orders issued under professional services agreements have not changed since their inception in June, 1996. Subsequent to 1996, the business environment of the agency has substantially changed as evident in the following: 1) According to the Bureau of Labor Statistics, the U.S. economy has experienced cumulative inflation of nearly 34 percent. 2) The number of, dollar value, diversity and complexity of County capital improvement projects has grown significantly. In the Transportation Division alone, capital project activity has grown more than fivefold in aggregate dollar value. 3) Many of these projects are now being delivered in advance of their need rather than on a "just in time" basis in order to better ensure growth management law compliance and that proper service levels are being provided to the public. 4) The level of oversight and review of County purchases has been greatly enhanced and honed through the Board's investment in the SAP financial management platform and other software solutions. 5) The Board has funded additional staffing resources including the creation of a contract administration section to more closely oversee the negotiation and subsequent delivery of services under County contracts. 6) The Clerk of Courts agency has become more proactively involved in the formation of contract agreements prior to execution. 7) A survey of other Florida counties indicates that most utilize higher dollar thresholds for competition and award approvals than does Collier County. A summary of the survey results is enclosed. Given all of these considerations, staff is recommending that the Board's purchasing policy be modified to enable the agency to perform in a more efficient and cost effective manner. A copy of the policy with the actual recommended changes is enclosed. The following is a summary of the more significant recommendations: o Increase the informal competition limit from $1,000 to $3,000. :108 Agenda Item No. 10B October 10, 2006 Page 2 of 31 o Increase the formal competition limit from $25,000 to $50,000 with the intent of asking the Board to further increase this limit to $100,000 within two years. o Standardize the policy regarding state and federal contract purchases to be consistent with the language governing purchases through other governmental entities where the director may authorize such purchases provided that sufficient funds are available for each purchase. o Increase the Board approval limit for professional service work orders from $90,000 to $200,000. o Increase the total contract amount threshold for professional services agreements from $500,000 to $750,000 o Compress into a single category the multiple work order categories to simplify the use of these instruments. o Authorize the Purchasing Director to trade in current assets pursuant to new purchases and to dispose of assets that no longer have commercial value by the most efficient means possible. o Authorize the Purchasing Director to use the County's purchasing card program in a more strategic manner, including the discretion to use p-cards rather than purchase orders to order commodities/services where in the best interests of the County to do so. Staff believes that implementation of these recommended changes will serve to eliminate 75-80 agenda items per year and reduce project delivery times by at least 3-6 weeks (possibly more) per project. The Office of the County Attorney has reviewed the proposed language changes and approved them for legal sufficiency. The Clerk of Courts' Finance Division has reviewed and commented on the proposed changes. FISCAL IMPACT: Generally not applicable. However, there may be additional rebate revenues generated from the use of purchasing cards rather than purchase orders to place larger dollar orders. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this work, although many of these changes should facilitate meeting infrastructure delivery deadlines in the plan. RECOMMENDATION: That the Board of County Commissioners approve the enclosed resolution amending the County purchasing policy and authorize the Chairman to sign the resolution on behalf of the Board. Prepared By: Steve Carnell, Purchasing/General Services Director lOB RESOLUTION NO. 2006-268 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPERCEDING COLLIER COUNTY RESOLUTION 2001-482 AND AMENDING THE PURCHASING POLICY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, the Board of County Commissioners on December 11, 2001 adopted a purchasing policy by Resolution 2001-482; and has amended said policy by resolution on subsequent occasions; and WHEREAS, the Board of County Commissioners and the County Manager's staff have implemented enhancements and controls within the County's purchasing procedures in recent years; and WHEREAS, Collier County continues to experience significant growth in and demand for various government services; and WHEREAS, County staff seeks to clarify and update existing provisions to further promote the efficient and effective acquisitions of commodities and services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Resolution 2001-482 as presently constituted, is hereby superceded by this Resolution and shall serve to amend the Purchasing Policy attached hereto and incorporated herein by reference. f) This Resolution adopted this/070 day of C:::... c..+6 Jo..e r ,2006 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ ~\C\: K eputy Clerl<Attest II to t'r::,,; ':\ S 1 gtl4turf oil.i " By ~~~ Frank Halas, Chairman Approved as to form and legal . cy: ~ Item # l06 Agenda I n r ....... J,... Date ~ec. Dal~ \011 Lldo 1 Ree d -__ PURCHASING POLICY OF COLLIER COUNTY lOB I. ESTABLISHMENT OF PURCHASING POLICY Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County Resolution No. 97-435 establishes the following Purchasing Policy. II. PURCHASING DEPARTMENT RESPONSIBILITIES A. The Purchasing Department shall be responsible for: 1. Seeking Maximum Value: Act to procure for the County the highest quality commodities, supplies and contractual services at least expense to the County. 2. Encouraoino competition: Endeavor to obtain as full and open competition as possible on all purchases and sales. 3, Procedures: Establish and amend, when necessary, operational procedures for the implementation of the Purchasing Policy provided by ordinance. Said procedures shall become effective only when approved in writing by the County Manager. Copies of the procedures shall be maintained on file in the office of the Purchasing Department. 4. Purchasina Analvsis: Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the County the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private business and organizations. 5. Purchasino Manual: Prescribe and maintain a standard Purchasing Manual for all using agencies. The content of said manual will be governed by this Policy. 6. Forms: Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this Policy. 7. Vendor Certification: Document that vendors doing business with the County have acknowledged their understanding and acceptance of the terms and conditions of the County's Purchasing Policy and have agreed to abide by those terms. 8. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full advantage of discount. 9. Vendors' Cataloo File: Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be organized according to materials and/or services and shall contain descriptions of vendors' commodities, prices and discount. 10. Tax Exemptions: Act so as to procure for the County tax exemptions to which it is entitled. 11. Cooperation: Cooperate with using agencies so as to secure for the County the maximum efficiency in budgeting and accounting. 12. Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or debarment of vendors as set forth under Section XXVIII of this policy. 13. Inouirv and Control: Have full authority to question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served. The Purchasing Director shall have final approval authority for all purchases at or below the formal competitive threshold. To ensure the timely, proper and orderly acquisition of services to the various using agencies, all authority granted to the Purchasing Director in this policy may be formally delegated by the Purchasing Director in whole or in part to appropriate staff members within the County Manager's agency. 10"" . b III. FIELD PURCHASE ORDERS (PURCHASES OF $1,000 OR LESS) Field Purchase Orders, with the approval of the department's authorized signatory, will be used by departments for immediate purchase of commodities, out-of-town travel expenditures and services not to exceed the maximum value of $1 ,000. IV. QUOTATIONS (PURCHASES BETWEEN $3,000-$50,000) A. All purchases of commodities and contractual services of a total estimated value in excess of one thousand dollars ($1,000) and less than or equal to the formal competitive threshold may be made in the open market without formal public announcement and without formal competition. All purchases exceeding $3,000 shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications, unless the requirement for competition is waived by the Purchasing Director in accordance with Section 4.B. 1. Minimum Number Quotes: Open market purchases or sales in excess of $3,000 but less than or equal to the formal competitive threshold shall be based on at least three (3) competitive quotes and shall be awarded to the lowest, qualified and responsive quote in accordance with the standards set forth in this Policy. 2. Solicitation of Quotes: The Director may solicit either oral or written quotes for open market pricing or sale, using available bidders' and supplier lists. The Director shall determine in which instances quotations shall be solicited in writing. Further the Director shall determine which agency (e.g.; Purchasing or the using agency) shall obtain the quotations. All quotes in excess of ten thousand dollars $10,000 shall be tendered or confirmed in writing by the vendor prior to purchase. 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. B. The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials, periodicals, printed library cards, etc. 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, a not-for-profit entity or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. C. All purchases greater than $1,000 but less than or equal to $3,000 will generally be processed using a regular purchase order. However, such purchases may be processed using a purchasing card in accordance with Section XXIII of this policy. V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $50.000) A. It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50,000) as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of County Commissioners, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 2 .10B 1. Single source purchases (pursuant to subsection C). 2. Valid public emergencies (pursuant to Section XX). 3. Where it is determined to be in the best interests of the County to do so. B. All purchases subject to formal competition shall be awarded by the Board of County Commissioners unless otherwise delegated by the Board via formal public action. C. Exemotion For Sinole Source Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Board. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Director, as permitted by law. D. Use of Past Performance Data: In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Developing, implementing and maintaining appropriate administrative procedures, instructions and technologies necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Using agencies shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established pursuant to subsection V.D.1 a. b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in the administrative procedures referenced under subsection V.D.1 a. VI. COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever takes precedence. A. Notice Invitino Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 3 ]~ 2. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. 3. Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names be placed on a "bidders' list", which the Director shall maintain, by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors may be removed from the bidders' list by the Director for continual non-response to bid requests. 4. Bid Deposits: When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent of the bid submitted. The Director shall have the authority to return the deposits of all bidders prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten (10) working days after written notice of award. 5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for insuring that all prospective bidders who have received specifications are notified of the addendum in writing prior to opening of bids. B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as bids on the outside of the sealed envelope. 2. Openinq: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. 3. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department and shall be available for public inspection. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Section 287, F.S. Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part with interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and anyone of the low qualified vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. D. Reiection Of Bids And Neaotiation: 1. The Board of County Commissioners shall have the authority to reject any and all bids. 2. If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. 4 If" ~\6 E. Waiver Of Irreqularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 1. The ability, capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. VII. PROCUREMENT OF PROFESSIONAL SERVICES A. Because differences in price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation. 2. Competitive Proposals (pursuant to Section VIII). B. A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services - real and personal property appraisers. 2. Architecture, professional engineering, landscape architecture, or registered land surveying services (as per Section 287.055, F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45, F.S.). 4. Consultants - planning, management, technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services - attorneys and legal professionals. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. 5 08 '" .~' . I C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent with Section 287.055, F.S., known as "The Consultant's Competitive Negotiation Act" as required by said statute. Projects may include, but are not strictly limited to one or more of the following: 1. Fixed assianment contracts: A grouping of minor professional service (including construction inspection services) assignments. 2. Fixed term contracts: Countywide agreements for various and miscellaneous minor professional services (including construction inspection services) on an as needed basis. 3. General Professional Services: Includes administration, support and management of engineering, architectural, surveying and planning activities. The Director shall be authorized to approve all work orders where the maximum initial dollar amount does not exceed two hundred thousand dollars ($200,000) and where the maximum initial contract amount does not exceed seven hundred fifty thousand dollars ($750,000). Any work order and/or contract that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XIV.C of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. All fixed term agreements issued under this section shall be eligible for extension or renewal in accordance with the provisions of Sections XIV.D and E respectively. D. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation method, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section VIII.B. hereof. E. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. F. Purchases for all professional services estimated to be equal to or less than the formal competitive threshold may be approved by the Purchasing Director, as permitted by law. G. Requests for outside legal services will be referred to the County Manager and the County Attorney for review and comment as to whether said services are necessary and/or appropriate. Requests for outside legal services may be exempted from formal competition by the Board of County Commissioners at the request of the County Manager or County Attorney. H. The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification. VIII. COMPETITIVE PROPOSALS A. The Competitive Proposals process is a method of contract selection that may be utilized by the Purchasing Director under circumstances where one or more of the following conditions exist: 1. Where qualitative considerations are of equal or greater concern than pricing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm, fixed fee contract. 3. Where the County is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the qualified offer is asked to propose a commodity(s) or service(s) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). 6 10. .,. 'b B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive proposals process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section VI except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 1. A Request for Proposals (RFP) will be prepared and distributed in a manner consistent with the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the appropriate evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s) shall be subject to the requirements of Section 287.055 F.S. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. For all purchases made under the Competitive Proposals method, the County Manager may empower the selection committee to designate and rank the proposals prior to the commencement of negotiations and to negotiate a tentative agreement, subject to award by the Board. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. C. For purchases in excess of the formal competitive threshold, final selection of the awardee will be made by the Board of County Commissioners. D. Purchases less than or equal to the formal competitive threshold may be authorized by the Purchasing Director, as permitted by law and shall not require formal solicitation or announcement unless deemed necessary by the Purchasing Director. IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected in a manner permitted under Section 287.055, F.S. and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Section VIII hereof entitled "Competitive Proposals". C. Administrative procedures shall be established by the County Manager or his designee for utilization of the design criteria professional concerning the evaluation of the proposals submitted by the design/build firms, the supervision or the approval by the County of the work drawings of the project and evaluation of the project construction with the design criteria package. D. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. X. Small and DisadvantaQed Minoritv and Women Business Enterprises A. Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal competitive processes for the procurement of commodities and services by the County. 7 J 4;. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to help ensure that small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and subcontractors have an equal opportunity to participate in the County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. B. Definitions: For purposes of this policy, the term "small business" shall have the same definition as set forth under Section 288.703.(1), F.S. The term "DBE" shall include any "small business" as defined pursuant to Section 288.703(1) that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged" individuals pursuant to Section 14-78.602(18), FAC. Reference to these definitions, however, shall in no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. C. Implementina Measures: In an effort to implement this policy, the County may undertake the following measures: 1. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises. c. Utilizing publications aimed at reaching these enterprises. d. Utilizing directories and other reference sources that list these enterprises. e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. D. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law, federal law shall supersede such state law. XI. PAYMENT OF INVOICES A. It is the intent of the Board of County Commissioners that all agencies under its purview be in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act". Pursuant to this, the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. 8 lOB B. It shall be the responsibility of the Collier County Finance Director, in consultation with the Purchasing Director and using agencies, to establish, distribute and administer procedures for the timely payment of all transactions as defined under XI.A hereof. Such procedures shall include, but not be limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and formally notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. C. Each December, the Finance Director and the Purchasing Director shall submit a joint report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. XII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS County funds may be used to pay for dues for membership in a professional or other organization provided that such expenditure meets the following criteria: 1. Such membership is deemed necessary to meet duties and responsibilities required by Federal, State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a non-profit nature. 3. Sufficient funds are available within the proper appropriation unit/summary code. XIII. STANDARDIZATION. COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS A. Where standardization is determined to be desirable by the Director, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing/General Services Director if less than or equal to the competitive bid or negotiation threshold. B. The Director shall have the authority to approve purchases under State of Florida and Federal GSA cooperative contracts. The Director shall also be authorized to join with other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interests of the County. If funds have already been budgeted, no further Board action will be required. In authorizing all such purchases under pre-existing agreements, the Director shall have determined that the term and conditions of the purchase are competitive in the market and favorable to the County. XIV. CONTRACT ADMINISTRATION A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 9 ~ ~J ~..b 5. Where applicable, pursuant to Section 287.133 F.S., a provIsion requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. The Purchasing Director shall have the discretion to determine the circumstances under which a purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manaaer: Every procurement of services shall be administered by the using agency (requesting department). C. Contract Chanaes: Notices issued under a purchase or contract may be authorized and executed by the Purchasing/General Services Director, excepting notices that terminate a Board-approved purchase or contract in its entirety. Modifications to a Board approved purchase or contract, including but not limited to change orders, supplemental agreements, amendments and changes by letter may be authorized and executed by the Purchasing/General Services Director provided that the change (or the sum of the changes) amounts to not more than the greater of (i) 10 percent of the current Board approved amount. or (ii) $10,000. The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the using agency(ies). Such purchases shall be subject to all other provisions of this policy. Notices that terminate an entire purchase or contract that was Board approved, and contract modifications that increase the total contract amount beyond the limits set forth above as applicable, shall require the approval of the Board of County Commissioners or as otherwise provided for in this policy. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or services may be requested by the contract manager to the Purchasing/General Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the initial contract. The Purchasing/General Services Director shall have the authority to authorize and execute all such extensions. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of contracts that do not (inclusive of the extension) exceed the formal competitive threshold may be authorized and executed by the Purchasing/General Services Director without Board action. E. Contract Renewal: The Purchasing/General Services Director shall have the authority to authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. 2. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are included in the invitation to bid or request for proposals. 3. That the renewal is done on an annual basis, commencing at the end of the initial contract period. Any such contracts shall not be renewed for more than 3 years unless competitively procured. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. 10 j,''>ti\ 0 f<~'.~.. i~ .. ;h:' U F. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the formal, competitive threshold may be authorized and executed by the Purchasing Director, subject to the review and approval for legal sufficiency by the Office of the County Attorney. G. Work Orders (Not Under CCNA): The Purchasing/General Services Director may authorize and execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in either the Board approved term contract for services under which the work order is generated, the solicitation document (s) that resulted in the contract or the Executive Summary that pertains to the contract. Modifications to a work order may be authorized and executed by the Purchasing/General Services Director, provided that the work order, as modified, does not exceed $100,000 or if it does, the change (or sum of the changes) does not exceed 10% of the current Board approved amount. The above provisions of the Section G shall not apply to work orders, or modifications to work orders, governed by Section VII.C above. H. Consent to Assiqnments of Contract: For all contracts which exceed the formal competitive threshold, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. For such requests for agreements below the formal competitive threshold, the Purchasing/General Services Director shall have the authority to approve assignments on behalf of the agency. I. Authoritv Limitation and Deleqation: Promulqation of Procedures: The Purchasing/General Services Director may delegate to one or more other Board employees any or all aspects of the authority vested in the Purchasing/General Services Director to authorize and/or execute contracts or contract-related documents pursuant to Section VII.C above and Sections C through G of this Article XIV or otherwise under law. All authority to authorize and execute documents that is vested pursuant to this Article XIV in the Purchasing/General Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. The Purchasing Department shall be responsible for establishing and maintaining administrative procedures that set forth any delegations of authority made pursuant to the foregoing provisions of this Section I, that set forth formal processes for each of the instruments referenced in this Article XIV, and that are in all respects subject to the provisions of this Article XIV. These procedures shall also set forth generalized requirements for (i) such pre-execution reviews of documents by the Office of the County Attorney and (ii) pre-execution reviews of documents by such other departments, if any, as the Purchasing/General Services Director determines to be appropriate and advisable. J. Pavments to Contractors. Vendors and Consultants Prior to the execution of a formal contract subject to this policy, the Purchasing Department shall have the discretion to establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. The Purchasing Director, or his designee, shall have the discretion to establish, in writing, a schedule(s) to periodically reduce the percentage of cumulative retainage held throughout the course of the project schedule. The discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)". 11 lOb 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's appropriate representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Director's designee shall also be granted the discretion to authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued) 3. The retainage to be released is pursuant to the full and final completion of a specific task(s), assignment(s) or milestone(s) identified in the agreement. 4. The retain age dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. XV. PERFORMANCE AND PAYMENT BONDS A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. XVI. UNAUTHORIZED PURCHASES No County officer or employee shall intentionally order, other than by Field Purchase Order, the purchase of any commodities or services, or make any contract within the purview of this policy other than through the Purchasing Director. Any purchase order or contract made contrary to the provisions hereof shall not be approved and the County shall not be bound thereby. All purchases made within the provisions of this Policy shall be made with a Field or Regular Purchase Order, whichever is appropriate. A. Exceptions: This section shall not apply to the payment of premiums for insurance policies that have been acquired through prior Board action. This section shall not apply to nor supersede Resolution Nos. 86-30, 86-209 and 87-16. XVII. PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this Policy. XVIII. PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent to an Invitation for Bids or a Request for Proposals, who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party") may protest to the Purchasing Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The Purchasing Director, in consultation with the contract manager (and other appropriate County staff), shall have the authority to 12 .., OB address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contract award as described under this section. C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Purchasing Director. The formal protest shall contain, but not be limited to the following information: 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be material to the issue. E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager and other appropriate County staff, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under section XVIII. Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision of the Purchasing Director shall be final and conclusive unless the protesting party delivers a subsequent written objection to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F, the County Manager shall have the discretion to appoint an independent hearing officer to review the facts relevant to the protest. The appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners. Prior to commencement of the hearing, the protesting party shall be required to post a cash surety in an amount equal to one (1) percent of the using agency's estimate of the contract amount or one-thousand dollars ($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay. Otherwise, the surety will be returned to the protesting party. H. In the event that the protest cannot be resolved by mutual consent, the matter will be referred to the Board of County Commissioners for final resolution. I. Failure to file a formal protest within the time and manner prescribed by Section XVIII shall constitute a waiver of the right to protest by any protesting party as defined by subsection A of this section. 13 1 ,J XIX. CONTRACT CLAIMS All actual or prospective claims arising against the County from contractors, vendors or any other party in direct privity with the County to provide commercial commodities or services shall first be directly addressed by the parties' administrative representatives in a manner consistent with the agreement between the parties. All claims pertaining to agreements including construction services shall be subject to alternative dispute resolution procedures as set forth under County resolution # 01-339 or its successor enabling resolution(s) and the thresholds established therein. For all other prospective or actual claims or disputes not subject to the alternative dispute resolution procedure referenced herein, the Purchasing Director shall have the discretion to arbitrate or mediate the claim or dispute or may appoint an independent third party to do so within the authorization threshold limits of this policy. XX. EMERGENCY PURCHASES A. By County Manaoer: In case of an emergency which requires immediate purchase of commodities or services in excess of the formal competitive threshold, the County Manager shall be empowered to authorize the Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to act in the case of any emergency including the issuance of emergency change orders/supplemental agreements. Any emergency action shall be reported at the first available regular or special meeting of the Board of County Commissioners. The County Manager shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. B. By Purchasino Director: In case of any emergency which requires immediate purchase of commodities or services equal to or less than the formal competitive threshold, the Purchasing Director shall be empowered to secure such services and commodities by open market procedure as herein set forth, Such action shall be reported immediately to the County Manager when appropriate. This section in no way constrains the provisions of Collier County Ordinance No. 84-37. XXI. INSPECTION AND TESTING The Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of supplies or services to determine their conformance with the specifications set forth in an order or contract. A. Inspection by Usino Aoency: The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Director shall prescribe. B. Testino: The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the County or of any outside laboratory. XXII. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY All using agencies shall submit to the Director, at such times and in such form as shall be prescribed, reports showing stocks of all tangible personal property which are no longer used or which have become obsolete, worn out or scrapped. A. Transfer: The Director shall have the authority to transfer surplus stock to other using agencies. B. Sale: The Director shall have authority to sell all supplies of a value less than the limits proscribed under Chapter 274 F.S., which have become unsuitable for County use. Sales under this section shall be made to the highest responsible bid and in conformance with Section, 274, F,S. The Director shall be authorized to approve all sales where the net revenue to the County does not 14 10 exceed $50,000. All sales exceeding $50,000 in net revenue to the County will be approved by the Board prior to completing the sale or conducting the sales event. C. Trade In: The Director shall be authorized to approve purchases that include the "trade in" of existing items (including assets) pursuant to the purchase of new, replacement or upgraded items/services. D. Donation: Operating departments under the purview of the Board of County Commissioners shall be authorized to accept items donated to the County. The receipt of all items not considered to be assets as defined under Florida law is to be documented by a letter from the operating department director to the donating entity. Items considered to be assets are to be documented using the appropriate forms and forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division. Documentation is to include, but not be limited to; the date the asset(s) was received; the estimated fair market value of the asset(s); a description of the asset(s); a serial number if applicable and the fund/cost center under which the asset(s) will be assigned. E. Disposition of Assets: The Director shall have the authority to determine whether previously- acquired items (including assets) that are no longer useful to the agency have commercial value and if not, to dispose of such items in an appropriate manner with or without offering such items for sale, trade or donation to other entities. The Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a quarterly report that identifies any assets that are disposed of under the provisions of this subsection. XXIII. PURCHASING CARD PROGRAM The Director shall be responsible for the overall management and operation of the County's purchasing card program. For the purpose of this policy, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Director shall be authorized to assign cards to employees for these purchases. The Director shall have the authority to establish the following dollar limits for each assigned card: A. Sinole Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the Board. B. Monthly Spendino Limit: Not to exceed $10,000 per card unless otherwise authorized by the Board. C. Strateoic Purchases: The Director may utilize (or delegate the authority to other Purchasing Department staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section in instances where one or more of the following is true: 1. Where the purchase is to address a valid public emergency; or 2. Where the County will earn revenue through card program rebates; or 3. Where a vendor is requiring the County to order by purchasing card. In all such instances, the Director shall ensure that the purchase has been approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card shall be properly recorded and tracked through the Fixed Assets Section of the Clerk of Courts Finance Division. The language of this section is not intended to supersede the provisions of Collier County Resolution 2006-49. XXIV. SEVERABILITY If anyone or more of the provisions of this Policy should be held contrary to any provision of law or contrary to express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provision(s) shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. 15 l!'fJ; ..Jl,' ...., XXV. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and policies, in conflict herewith, be and the same are hereby repealed. EFFECTIVE DATE XXVI. An official copy of this Policy shall be filed in the office of the Clerk to the Board of County Commissioners immediately after enactment and this Policy shall take effect at that time. XXVII. CONFLICT OF INTEREST When procuring commodities or services using County funds, each entity and employee under the purview of the Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of interest. For state or federal Community Development Block Grant-funded projects, entities and employees shall comply with the requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code. XXVIII. DEBARMENT AND SUSPENSION The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: 1. Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. 2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. 3. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. c. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor". 4. Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no 10 contendere. 5. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. 6. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. 7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. 8. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director") to temporarily disqualify a contractor from County contracting or County-approved subcontracting. 16 l' 0"".' tj.....".. 'J , 8. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXXIX. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. C. Debarment: 1. Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the co ntract( s) . e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. 17 1 d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F .S. g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence, Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the Contractor object to the committee's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. 18 . U!r" .t. ,.' "~ l.tK 3. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall be the debarment period exceed five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management; 4. Elimination of other causes for which the debarment was imposed; or 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. 5. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. 6. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. 19 10102/06 ~. .~~). b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. Eh The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. 20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COlV1MISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original docwncnt Original documents should be hand delivered to the Board Office. The completed routing slip and original docUll1Cl1ts arc to be forwarded to the Board Office only alter the Board has ta.kea. action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed.. If the document is already complete with the exception of the C'hainnan's sismature. draw a line throulU routinlt lines #1 throulZh #4. cOIIlllletc the chcc.lclist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routialt order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office -, " ' PRIMARY CONTACT INFORMATION ('The primary contact is the 110lder of the original document pending BCe approvaL Normally tile primary contlct is tile p~on wl10 =tcdlprepared the executive summary. Primary contaCt information is needed in the event one of the 3d.drcssees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCe Qlaizman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 17 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chair:lpa.n's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman t s si ture and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require "forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be w e of our deadlines! The document was approved by the BCe on to 0 (enter date) and all changes made during the meeting have been incorporated' the attached document. The Conn Attorne'5 Office has reviewed the chan es, if a Iicable. Yes (Initial) N/ A (Not A licable) 2. 3. 4. 5. 6. C2c.. t0A- .. C'Ze C7.C: ~ tJ( A CzC 1: Formsl Councy Formsl BCe FormsJ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: October 12, 2006 To: Chuck Carrington Facilities From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agreement for Sale and Purchase Enclosed please find one (1) certified copy of the original document, as referenced above (Agenda Item #10C) approved by the Board of County Commissioners on Tuesday, October 10,2006. The original document is at the Minutes and Records Department in the official records. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure (1) IOC AGREEMENT FOR SALE AND PURCHASE lOC THIS AGREEMENT is made and entered into by and between Morande Enterprises Inc, a Florida corporation (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida,(hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain Lease/Agreement to Purchase dated January 18, 2002 (the "Lease Agreement"), which provides for Seller to purchase certain improved real property, located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property from Seller once Seller has acquired good and marketable title to the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: \. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the property described in Exhibit "A," together with all rights, privileges, tenements, hereditaments and appurtenances pertaining to the land, and all buildings, structures, other improvements, and those trade fixtures listed on Exhibit "B" (the "Fixtures") attached hereto (hereinafter "Property"). I\. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be EIGHT MILLION THREE HUNDRED FORTY NINE THOUSAND SIX HUNDRED DOLLARS ($8,349,600) (U.S. Currency) payable at time of closing. II\. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before December 29, 2006, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1 .1 or', 3.011 Seller shall convey a marketable title free of any liens, encumbrances, U exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Special Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the I nternal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 An affidavit asserting proper notice to creditors of sale of the Property with no objection, an Order approving sale of property by bankruptcy court and any other documents necessary to convey a marketable and insurable title and consummate this transaction as reasonably determined by Purchaser's counselor title company. 3.0116 A Public Disclosure Affidavit as required by s. 286.23, Fla. Stat., disclosing all beneficial owners of the Seller. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a negotiable instrument (County Warrant) in an amount equal to the Purchase Price subject to adjustments for all pro-rations and closing costs as set forth herein. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.02 Each party shall be responsible for payment of its own attorney's fees. To the extent that transfer of the Property will be pursuant to the plan of reorganization of the Seller and not subject to taxation under any state or local law imposing a stamp, transfer or similar tax in accordance with Sections 1146(c) and 105(a) of the Bankruptcy Code, documentary stamps will not be paid by Seller. Seller agrees to include a 2 provIsion in the deed transferring title to the Property which restates the exemptioJ 0 C provided by Section 1146(c) of the Bankruptcy Code. Seller shall pay the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties (the "Effective Date") or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing. 4.011 Within fifteen (15) days of the Effective Date, Purchaser shall obtain, as evidence of title, an AL T A Commitment for an Owner's Title Insurance Policy (AL TA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have twenty (20) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said twenty(20) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten(10) days of the Effective Date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 3 >1 0 .", > L current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within seven (7) days of receipt of said written notice from Purchaser. Purchaser shall have sixty (60) days from the Effective Date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said seven (7) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said seven (7) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 4.014 Anything to the contrary not contained herein notwithstanding, Purchaser acknowledges that: a) Seller is a debtor in possession in the Chapter 11 bankruptcy case styled In re Morande Enterprises, Inc., Case No. 9:05-bk-00699-ALP (the "Bankruptcy Case"), pending in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division (the "Bankruptcy Court"), and (b) Seller's obligations contained herein are subject to the prior approval by order of the Bankruptcy Court authorizing the sale of the Property and the consummation of the transaction contemplated in this Agreement. Seller currently intends to obtain such approval by including the Agreement in its plan of reorganization and/or any amendments thereto. 4.015 Purchaser understands and agrees that Purchaser is purchasing the Property subject to Code Enforcement action, CEB No. 2004-002, and Gallman Oldsmobile Dealership PUD violations which Buyer maintains exist against the Property as of the Effective Date of this Agreement. Seller understands and agrees that Purchaser, at it sole option, has the right to terminate this Agreement should any additional code violations be filed against the Property between the Effective Date and Closing Date. Seller further understands and agrees that if Purchaser instead elects to close this transaction despite any additional code violations being filed against the Property between the Effective Date and the Closing Date, the Purchase Price shall be reduced by an amount equal to the costs to satisfy such code violations thereby reducing the Net Cash to Seller due at Closing. Seller remains responsible for completing PUD Monitoring reports for 2005 and 2006. 4 IOL 4.016 Purchaser understands that Seller is the owner of an option to purchase the Property pursuant to a Lease/Agreement to Purchase dated January 18, 2002, by and between FRVG, LLC ("FRVG") and the Seller (the "Option"). The Seller shall file a motion to assume such Option in the Bankruptcy Case prior to the Closing date and shall obtain good and marketable title from FRVG, LLC, prior to the Closing. Seller's failure to obtain good and marketable title from FRVG, LLC, shall constitute grounds for termination of this Agreement by Purchaser and shall not entitle Seller to damages provided in 10.02 below. 4.017 Closing is contingent upon Purchaser obtaining a Letter of Zoning Verification from the Director of Zoning determining the intended uses of as CAT and Para-Transit administrative offices, vehicle maintenance and servicing, Para-Transit storage and parking and vehicle dispatch. Purchaser shall have until December 15, 2006, to obtain approval or to otherwise terminate this Agreement without penalty. If Purchaser fails to terminate this Agreement by December 15, 2006, Purchaser shall be deemed to have waived its rights under this provision, and Closing will occur no later than December 29,2006. V. APPRAISAL PERIOD----DELETED. VI. INSPECTION PERIOD 6.01 Seller is selling Property in "as is" condition. Purchaser shall have sixty (60) days from the Effective Date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 6.011. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 6.012. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 6.013. The Property can be utilized for its intended purpose. To the extent the time periods for exercise of termination rights set forth in Section 4.017 conflict with this provision, Section 4.017 shall govern. 6.014. All structures and improvements on the property are sound, and all systems, Fixtures and appliances are in good and safe operating condition. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. The fact that Seller is selling the Property "as is" does not affect Purchaser's ability to terminate this Agreement for any reason whatsoever during the Inspection Period. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of 5 IOC its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to Closing and during Seller's possession of the Property pursuant to 8.01. VIII. POSSESSION and RISK OF LOSS 8.01 Purchaser shall be entitled to full possession of the Property at Closing, however, Purchaser agrees to allow Seller thirty (30) days from Closing to vacate the Property and remove all personal property not listed on Exhibit "B." The Property shall be delivered to Purchaser broom clean and free of all debris and refuse. All property not listed on Exhibit "B" shall be removed by Seller no later than thirty (30) days after Closing. Any such property remaining thirty (30) days after the date of Closing shall be deemed abandoned by Seller and will become the property of the Purchaser. 8.02 Seller shall maintain the Property (including all improvements, structures and Fixtures) in the condition existing on the Effective Date, except for ordinary wear and tear, until thirty (30) days after Closing, or such time as Seller vacates the premises as contemplated herein, whichever is earlier. Any future loss and/or damage to the Property, as defined in 1.01, between the Effective Date and the date of vacation, shall be at Seller's sole risk and expenses. Seller agrees to maintain adequate casualty insurance on the Property until such time as it vacates the premises. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 6 lOC 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $30,000 shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 7 'nn ,f U iJ 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof during the term of the Lease Agreement and subject to the terms therein. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators on the Property. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no actual knowledge of underground storage tanks for gasoline or any other substances being located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied, excepting the subject matter of Collier County Code Enforcement Board Case No. 2004-002. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 8 '11 k:\ .~ moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Effective Date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the Effective Date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing and sent by facsimile, with automated confirmation, hand delivery or registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 9 If to Purchaser: With a copy to: If to Seller: With a copy to: With a copy to: Charles E. Carrington, Jr. Real Estate Services Facilities Management Bldg, "W" 3301 Tamiami Trail East Naples, Florida 34112 Tele: (239) 774-8475 Fax: (239) 793-3795 IOC Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 James A. Morande, Jr. Morande Enterprises, Inc. 8300 Radio Road Naples, Florida 33942 Tele: (239) 455-5191 Fax: (239) 354-1132 Lisa Schiller, Esq. Rice Pugatch Robinson, & Schiller, PA Tower 101, Suite 1800 101 Northeast Third Ave. Ft. Lauderdale, Florida 33301 Gregory L. Urbancic Goodlette Coleman & Johnson Northern Trust Bank Building, Suite 300 4001 Tamiami Trail North Naples, Florida 34102 12.02 The names, numbers and addresses set forth above may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such name, number or address, unless and until such written notice is received, the last addressee, respective address or number stated herein shall be deemed to continue in effect for all purposes. 12.03 Notice shall be deemed received upon physical receipt or upon 5:00 p.m. on the third (3rd) day after certified or registered mail has been postmarked by U.S. Postal Service. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller has retained Coldwell Banker Commercial NRT and agrees to indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for 10 10C commission or fees due Coldwell Banker Commercial NRT and/or any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative or a procuring cause of this Agreement. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08. In the event this transaction is not exempt pursuant to Sections 1146(c) and 105(a) of the Bankruptcy Code, Seller shall be responsible for documentary stamps in accordance with s. 201.01, Fla. Stat. 14.09. This Agreement is governed and construed in accordance with the laws of the State of Florida. The United States Bankruptcy Court for the Middle District of Florida shall have jurisdiction over all claims, controversies, disputes or other matters arising out of or related to this transaction or this Contract or its breach. Purchaser agrees that venue shall be in the Middle District of Florida. 11 XV. ENTIRE AGREEMENT 1 Ot~ 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. TIME IS OF THE ESSENCE on this Agreement. [signature page follows] 12 IN WITNESS WHEREOF, the parties hereto have signed below. AS TO PURCHASER: DATED: ) 0 lnjo(o ATTEST: .;~~~ ~S - as --~ ;~ - -,~.n~'" ~ Deputy Clerk s1QnltUf't IJM~, AS TO SELLER: (0 ,~ / ~ignatur~) ,.--- L~ ~ '-, '-~cke/~ (Printed Name) 7 ~/ ~~ d2~:/ )Signature) ~/ -A.-IM a.J ~tltJ &AJZ (Printed Name) Approved as to form and legal sufficiency: ~iJf ~Li?L~~ EI en T. Chadwell Assistant County Attorney -' lOC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~g BY:- ~ Frank Halas, Chairman 13 ., President \tem# {roC l~ lo{(~ EXHIBIT "A" 10 LEGAL DESCRIPTION OF PROPERTY Being a portion of the NW Y-t of the NW Y-t of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest corner of said Section 3, run thence N89054'20"E along the Northerly line of said Section 3, 440.57 feet; thence SOoo05'40"E 50.00 feet to the POINT OF BEGINNING, and also being in the Southerly right-of-way line of Radio Road (C.R. 856); thence N89054'20"E along said Southerly right-of-way line, 380.65 feet; thence S00031 '13"W, 1147.78 feet, to the Northerly right-of-way line of State Road 84, said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears S32055'16"W for 187.70 feet; thence along the arc of said curve 187.73 feet; thence N48009'02"W 357.67 feet; thence NOoo05'40"W 1 066.00 feet to the POINT OF BEGINNING; LESS AND EXCEPT THE FOllOWING DESCRIBED PARCEL: A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commencing at the Northwest corner of said Section 3, thence N89053'12"E along the Northerly line of said Section 3 for a distance of 440.57 feet; thence leaving said Northerly line SOoo06'48"E for a distance of 50.00 feet to an intersection with the existing Southerly right-of-way line of Radio Road (C.R. 856) to the POINT OF BEGINNING of the herein described parcel of land; Thence N89053'12"E along said Southerly right-of-way line for a distance of 380.65 feet; thence leaving said Southerly line S00030'11 "W for a distance of 42.62 feet to a point of intersection with a non-tangent curve from which the radius point bears S11009'05"W; thence Northwesterly along said curve, concave Southwesterly, having a radius of 914.64 feet, a central angle of 11015'53" for an arc distance of 179.82 feet to a point of tangency; thence S89053' 12"W for a distance of 201.52 feet; thence NOoo06'48"W for a distance of 25.00 feet to the POINT OF BEGINNING. Containing 1 0.04 acres, more or less. 14 EXHIBIT "B" lOt;'; i .~ ,; ..,.. .:" TRADE FIXTURES All in-ground and above-ground vehicle lifts. Auto paint booth. Bulk oil tank delivery system including all hose reel assemblies and dispensers. Waste oil tank and vacuum system. Compressed air systems including the two existing compressors and delivery systems including hose reels. 15 IOC ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUl\1ENTS SENT TO THE BOARD OF COUNTY CO:MMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 tbrough #4 as appropriate for additional signatures, elates, and/or information needed. If the document is already complete with the exceodon of the OlaimIan's sismature, draw a line tbroullb routing lines #1 tbrough #4, cOIDl)lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinll order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. .Minutes and Records Clerk of Court's Office - ~ ' PRIMARY CONTACT INFORl\tlA TION (The primary conCl.Ct is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to conlact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact C H Lk: Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number 114"'84'15 \O~ ONt::: Yes (Initial) N/ A (Not A licable) \D lD 0(0 REte se; OyCbvGNANI ~ Number of Original Documents Attached c.zc. N/^ tJA- .. 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is a ro . ate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties ex.cept the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties ex.ce t the BCC Chairman and the Clerk to the Board The Cha.inpan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw e of our deadlines! The document was approved by the Bee on \ 10 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Conn Attorne 's Office has reviewed the es, if a licable. CEC- ~ NJA eic' 2. 3. 4. 5. 6. I: FormsJ eounty FormsJ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 "...,.rM b1' En... T. C......", lS.,ire Office of tM CcMIft1 ~ttorne, 3301 East T..,..1 Trat' Maples, Flor'da 34112 (941) 714-MOO 3946685 OR: 4154 PG: 391810C RICORDID in OffICIAL RlCORDS of COLLIII COUI!Y, PL 12/15/2006 at 02:58PM DVIGB! I. B10CI, CLIRI RlC III 18.50 COPIBS 2.00 Retn: RIlL ISTA'fI SIIVICIS INnROPlICI RELEASE OF COVENANflIc1 CARRIRG!OI 1 8475 THIS RELEASE OF COVENANTS is dated this \"3 tbday of ~ 2006. WHEREAS, Michel Fortin, John Gobeil and Remi Gobiel, a partnership, as the then owners of the following described property (Property), did on June 24, 1985 cause Covenants to be recorded in the Public Records of Collier County, Florida, in O.A. Book 1142, Page 448, in favor of Collier County, Florida (County), placing restrictions on the Property limiting its use to an automobile dealership (hereinafter "Covenants"): The NW % of Section 3, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commence at the Northwest corner of said Section 3; run thence N89l254'20"E along the northerly line of said Section 3, 440.57 feet; thence SO()Q05'40"E, 50.00 feet to the POINT OF BEGINNING, and also being in the southerly right-of-way line of State Road S-858 (Radio Road); thence N89l254'20"E along said southerly right-ot-way line, 380.65 teet; thence SO()Q31'13'W, 1147.78 feet to the northerly right-ot-way line ot State Road S-856 (State Road 84), said northerly right-ot-way line being a curve to the southwest, having a radius ot 2939.79 teet, and whose chord bears S32l255'16'W for 187.70 feet thence along the arc of said curve 187.73 teet; thence N48l209'02"W 357.67 feet; thence N00l205'40"W 1066.00 feet to the POINT OF BE.GINNING. Containing 10.28 acres, more or less. Bearings based on the centerline of State Road S-858 as N89l254'20"E. WHEREAS, said Covenants require that the County execute a release of these Covenants upon County approval of a rezone ot the Property to a Planned Unit Development limiting permissible use of the Property to an automobile dealership; and WHEREAS, by Ordinance 86-6 dated February 4, 1986, the Board did approve the Planned Unit Development known as Bill Gallman Oldsmobile Dealership. 10<., *** OR: 4154 PG: 3919 **t NOW THEREFORE, the County does hereby release any and all rights arising out of or in connection with said Covenants. This release does not impact any other rights or authority which the County may have in or upon the above described Property. IN WITNESS WHEREOF, Collier County, Florida, has caused these presents to be executed in its name by the Chairman of its Board of County Commissioners. By: COLLIER COUNTY, FLORIDA ~~"' Frank Halas, Chairman . ." ..... . ,. Attest ,,'to 0Ni1'''. , t QnltYl"e 0.11 ~ ~roved as to form and legal sufficiency 'L r.v~~ Ellen T. Chadwell Assistant County Attorney v 3963398 OR: 4173 PG: 1429 ~ RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, PL 01/24/2007 at 09:15AM DWIGHT B, BROCK, CLBRK RBC PBB 21.00 ~ Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR EXT 1240 NOTE: THIS DOCUMENT AND THE TRANSFER CONTAINED HEREIN IS PURSUANT TO THE PLAN OF REORGANIZATION CONFIRMED PURSUANT TO 11 U.S.C. 91129 BY THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA, CASE NO. 9:05-BK-00699-ALP. PURSUANT TO 11 U.S.C. 91146, THIS INSTRUMENT AND THE TRANSFER CONTAINED HEREIN ARE EXEMPTED FROM THE IMPOSITION OF A DOCUMENTARY STAMP OR SIMILAR TAX. Prepared by and return to: Gregory L. Urbancic, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL 34103 239-435-3535 File Number: 3717.001A Will Call No.: 3953186 OR: 4162 PG: 1224 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY. PL 12/29/2006 at 01:09PM DWIGHT B, BROCK, CLERK CONS 8349600,00 RBC PEE 27,00 COPIBS 3.00 ) Retn: GOODLBTTB COLBKAN BT AL 4001 TAKIAKI TR N '300 NAPLES PL 34103 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 29th day of December, 2006 between Morande Enterprises, Inc., a Florida corporation whose post office address is 8300 Radio Rd., Naples, FL 34104, grantor, and Collier County, a political subdivision of the State of Florida whose post office address is 3301 East Tamiami Trail, Naples, FL 34112, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/IOO DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: See attached Exhibit A Parcel Identification Number: 00399360008 Subject to: (a) ad valorem real property taxes for the year 2006 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby' fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. lOCi. OR: 4162 PG: 1225 In Witness Whereof, grantor has hereunto set grantor's hand and sea and year first above written. Signed, sealed and delivered in our presence: h'I"~ (Corporate Seal) State ofl'iMida Y')~ ~ L /" . ......0 Countyof~~ [Notary Seal] : The foregoing instrument was acknowledged before me this 29th day of December, 2006 by James orande, Jr., President of Morande Enterprises, Inc., a Florida corporation, on behalf of the corporation. He/~ [ s personally known to me or L] has produced as identification. .',\ /...-, \. ~ '-, Printe .n" ~ J, +" A }Yl(I1, k 11i1-~ My Commission Expires: [) 9 - () 0 -07 < ~~ , I , c::> ::::c:J " ~ .....-a. ~ <-...> ~ G"1l , ' "'/, .....-a. ~ <-...> c:> fl"' ~ fON I ltllll sufflcl.nc) ~_ 17 a~~ ~ss1Ita.t Cllfttl Attorney Ellen T. Chadwell ~ Special Warranty Deed Page 2 of3 *** OR: 4162 PGlg2f-f** EXHIBIT A LEGAL DESCRIPTION Being a portion of the NW1I4 of the NW1I4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest comer of said Section 3, run thence N89054'20"E along the Northerly line of said Section 3, 440.57 feet; thence S 00005'40"E, 50.00 feet to the POINT OF BEGINNING, and also being in the Southerly right-of-way line of Radio Road (CR. 856); thence N89054'20"E along said Southerly right-of-way line, 380.65 feet; thence SOo031'13"W, 1147.78 feet, to the Northerly right-of-way line of State Road 84, said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears S32055'16"W for 187.70 feet; thence along the arc of said curve 187.73 feet; thence N48009'02"W 357.67 feet; thence NOoo05'40"W 1066.00 feet to the POINT OF BEGINNING; LESS AND EXCEPT the following described parcel conveyed to Collier County for road right of way in O. R. Book 2443, Page 1016: A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commencing at the Northwest Comer of said Section 3, thence N89053'12"E along the Northerly line of said Section 3 for a distance of 440.57 feet; thence leaving said Northerly line SOoo06'48"E for a distance of 50.00 feet to an intersection with the existing Southerly right-of-way line of Radio Road (C.R. 856) to the POINT OF BEGINNING of the herein described parcel of land; Thence N89053'12"E along said Southerly right-of-way line for a distance of 380.65 feet; thence leaving said Southerly line SOo030'll "W for a distance of 42.62 feet to a point of intersection with a non-tangent curve from which the radius point bears S 11 009'05 "W; thence Northwesterly along said curve, concave Southwesterly, having a radius of 914.64 feet, a central angle of 1l015'53" for an arc distance of 179.82 feet to a point of tangency; thence S89053'12"W for a distance of 201.52 feet; thence NOoo06'48"W for a distance of 25.00 feet to the POINT OF BEGINNING. " :+ :+ :+ c:::> :=:t:' ~ ~ --.J e,....., ~ G""l ~ ..r::o. c......J ~ :04 :04 :04 < Special Warranty Deed Page 30f3 100 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hmld delivered to the Board Office. The completed routing slip mld original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with tile C d I' th h . I' #1 h h #4 I h h k' tI exceotion of the hairman's signature, raw a me rougr routmg mes t rougJ , complete t ec ec list, and orward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. ----..------- _._.,-~..._.~-_._- ._--~ --. -_.----~-- -..--... ---- - ~ - '- ----~. ~-_.._~..._---~ 1--. 2. -- --.----.......--- --_..-- ------_.._-_.-.----~ - - 3. -"'-~ --.-----_.._--~- -- -,".-.._-~ "~-"----- _.-" 4. -- ---------.---..... .----- -,...--.... -. - - - --- - -- - --~.-- -- .- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office *' )., ,'} r \ i W. - PRIMARY CONTACT INFORMATION' .: e.- ,~ ~ ..:..: -:'1.. ,1 Il ~.V\. . llf'l....c.\". (J,. ~d +CJ \"")(i..\1d ckl\V'4 (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person vlho created/prepared the executIve summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing to (;DO' information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 10 IJ Jf Yes (Initial) N/A (Not A licable) )-\ e y\ (.~ ( \ c: L Sc:')I, l~ SA Number of Original Documents Attached J1f ,1 It) o Lp Agenda Item Number cf4( (114 04 TPA 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on /() 10 0 ' (enter date) and all changes made during the meeting have been incorporated In the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: October 11, 2006 To: Lisa Hendrickson Transportation From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: JP A Agreement Enclosed please find four (4) original documents, as referenced above (Agenda Item #10D), as approved by the Board of County Commissioners on Tuesday, October 10, 2006. Please forward on for all signatures and return a fully executed original document for the BCC Official record to the Minutes and Records Department. If you should have any questions, please feel free to call me at 774-8411. Thank you. Enclosure 100 'on 1 u , ! . I \ _'/,: l';' t f.. ~ j": EXECUTIVE SUMMARY Recommendation to approve and execute the attached Joint Participation Agreement (JPA) with Florida Department of Transportation in the amount of $570,750, with a 50% match of $285,375 over three years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route and to consider approval of early start-up service. OBJECTIVE: To approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $570,750, with a 50% match of $285,375 over three years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. Additionally, the Board is being asked to consider early start-up of service which is non-reimbursable until the lP A is fully executed by FDOT. CONSIDERATION: Transit Service Development funds are made available each year through an application process administered by the Florida Department of Transportation (FDOT). This loint Participation Agreement (JP A) will provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. The attached lP A is for a 3 year period. While initial plans were to start the expanded service October 1, 2006 consistent with the Board's approval of the grant application and subsequent adoption of the FY 2007 budget, the delay in FDOT's delivery of the lPA has caused delay in provision of the service. The Board is being asked to consider allowing service to start after the Board's approval of the JP A while FDOT executes the lP A. It should be noted that the time from start-up of service until the JP A is fully executed will be non-reimbursable under the matching grant, but overall funding from the three (3) year grant should still be fully realized. FISCAL IMPACT: This Service Development Grant of $570,750 will require a 50% match of $285,375, over a period of 3 years. The adopted FY 07 budget identifies expansion of the CAT Red Route as an expanded initiative and programs year one of a three year match commitment (FY 07, FY 08 and FY 09) totaling $95,125 within Collier Area Transit Fund (426). GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $570,750, with a 50% match of $285,375 over 3 years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. Further, that the Board approve start-up of the expanded service before FDOT's execution of the JP A with the knowledge that the county will incur the full costs for service during the period until FDOT executes the JP A. Overall funding from FDOT should remain as anticipated even if the Board approves the early start up. JOO t~ Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Joint Participation Agreement (JP A) 100 HendricksonLisa From: Sent: To: Cc: Subject: richard. sh ine@dot.state. fl. us Wednesday, September 20,20062:09 PM HendricksonLisa flagg_d Collier County Service Development Program FM 42044618401 New Contract for FY 06/07, "Red Route: Contract Number AOK37. Lisa, Please be advised the Contract Number the Office of the Comptroller has assigned to this new Service Development Project Agreement is Number AOK37. That is AOK, with the letter "0", not A zero K. This information may be helpful to you in your locally recording or identifying this new contract. We will take care of putting the number on the Agreement once we receive it back from Collier County. Please be sure to let me know when you send it to Mr. Beacham. Please use a cover letter to transmit the three locally-signed originals. Thank you. Sincerely, Richard 1 100 ~~ .......', _", l 'V lj JEB Bl'SH GOVF.R:'IiOR Florida Department of Transportation 801 North Broadway A venue Bartow, FL 33830 OE,,"VER J. STlTtER. JR. SECRETARY September 14, 2006 Ms. Diane Flagg, Director Alternative Modes Department Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 RE: New Joint Participation Agreement for the Department's State Public Transit Service Development Program Participation for Improved Frequency of Service on Collier Area Transit's Existing Red Route Financial Project Number: 420446-1-84-01 Dear Ms. Flagg: Enclosed please find four (4) original copies of the new Joint Participation Agreement (Agreement) providing for the Department's Fiscal Year 2006/07 participation, through the State Public Transit Service Development Program, in Collier County's eligible administrative, management, and operational expenses of providing public transportation services. Specifically, this Agreement provides Department funding to Collier County for improved frequency of service on Collier Area Transit's existing Red Route according to Collier County's June 2005 "Service Development Project Proposal" Collier County submitted to the Department, and according to Collier Area Transit's current transit system route map and transit service schedule. Please execute and return three (3) of the original copies of the project Agreement in accordance with the enclosed checklist. Do not date the Agreements. The fourth (4th) copy of the Agreement is for your records. This Agreement's expiration date is September 30, 2009. That date provides for a three-year time project period as allowed by statute. The Agreement allows for sufficient time for progress reporting and billing purposes. Please see Exhibits A, Band C of the Agreement. Please note: · Paragraph 8.30 of the Agreement entitled, "Disallowed Costs." Do not incur any costs to this project until you receive a fully executed Agreement from this office. Failure to comply with this provision is cause for nonparticipation by the Department. · Paragraph 18.10 in the Agreement entitled, "Final Invoice." This paragraph establishes a time frame for submitting the final invoice for the projects. · The enclosed Agreement form (Number 725-030-06, April 2006) is new. It contains updated audit sections and a new Exhibit D. District One, Modal Development Office 801 North Broadway Avenue'" Post Office Box 1249'" Bartow, FL 33831-1249 (863)519-2388 '" (863)534-7172 (Fax) '" MS 1-39 '00 1 Ms. Diane Flagg September 14,2006 Page 2 If you require additional information or have any questions, please feel free to contact Richard P. Shine, District Public Transit Administrator, at (239) 461-4300 or at Richard.Shine@dot.state.fl.us. Sincerely, -rMAf ~ Terry Beacham District Modal Development Administrator Modal Development Office TB: RPS:sbs Enclosures: 5 cc: Ben Walker, P .E., Manager, Florida Department of Transportation, Intermodal Systems Development (Letter only) Johnny Limbaugh, Manager, Florida Department of Transportation, Southwest Area Office (Letter only) David L. Hutchinson, Florida Department of Transportation, Intergovernmental Liaison (Letter only) Richard P. Shine, Florida Department of Transportation, District Public Transit Administrator (Letter only) 100 JPA REQUIREMENTS The following information highlights the major requirements of the Joint Participation Agreement (JPA) between the Florida Department of Transportation and your Agency. While not including all of the requirements of the JPA, the list below does include all of the sections of the agreement that require submittals by your agency to the Department for review/approval. Adherence to this list of requirements should minimize any problems in the administration of the proj ect, however, you should carefully read and understand the entire JPA including all exhibits. Section Description of Requirement(s) 2.40 Submit to the Department all data, records, etc. as listed in Exhibit "C" of the JPA. 6.10 Submit to the Department, a copy of the budget for the project. This submittal must take place before the preparation and execution of the JPA. If federal funds are involved, submit to the Department a copy of the preapplication and application. 7.60 Submit to the Department for each fiscal year the project is open, a copy of your annual agency audit which conforms to OMB A-128 or A-133. 7.70 Provide to the Department evidence that your Agency is carrying property and casualty insurance on project equipment and facilities in the amount stated in paragraph 4.00 of the JPA. 8.10 File with the Department, requisitions for payments on forms provided with appropriate data as justification. 8.12 Agency agrees to comply with the provisions of Chapter 112.061 F.S. relative to travel expenses. This includes Agency travel as well as any consultants or contractors engaged by the Agency. 8.23 Request and obtain the Department I s written concurrence on all actions specified in the JPA. 8.30 Costs incurred by the Agency prior to the date of the JPA or without Department concurrence are ineligible for payment by the Department. 'tOO ~~~ 12.10 All third party contracts, supplemental agreements, change orders, etc. must have prior written approval by the Department. Failure to obtain this approval will result in non-payment of Department funds. 12.20 If your JPA will fund Consultant Services, then three separate items are covered in this section: 1) The Agency provisions Consultants (CCNA) . must fully of Section Competitive comply with the 287.055, F.S., Negotiations Act 2) The Agency must involve the Department in the Consultant selection process. 3) The Agency's attorney must certify to the Department compliance with the CCNA. 13.10 The Agency shall comply with all the conditions specified relative to Equal Employment Opportunity and shall include these provisions in all contracts related to the project. 13.50 The Agency shall comply with all the provisions stated in this section regarding prohibited interests and shall include the specified language in all contracts, subcontracts, etc. 14.10 & 15.00 The Agency shall submit to the Department review and concurrence, all proposals, plans specifications for project equipment facilities. for and and 16.00 Prior to project closeout, the Agency shall certify in writing to the Department that the project was completed in accordance with plans and specifications, is in place on the Agency Facility, title is in the Agency and project is accepted by the Agency. 18.00 Agency agrees to complete project within specified time or request and justify a extension prior to JPA expiration. the time 21.00 Agency agrees to comply with restrictions on lobbying and to include appropriate language in all contracts, subcontracts, etc. Exhibits Agency should be totally familiar with and comply with all of the information and requirements in these exhibits. 100 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 09/06 Page 1 of 14 Financial Project No.: Fund: 010 FLAIR Approp.: 088774 42044618401 Function: 680 FLAIR Obj.: 750012 ( rtem-segment -phase-sequence) Federal No.: N/A Org. Code: 55012020129 Contract No.: DUNS No.: Vendor No.: 5960000558004 CFDA Number: N/A CSFA Number: 55012 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Naples, Florida 34112 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before September 30, 2009 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation, through the State Transit Service Development Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services and as further described in Exhibit(s) A, B, C, and D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. :100 725-030.0e PUBLIC TRANSPORTATION 09/06 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "e" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 570,750 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 285,375 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget(Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 100 IIIlII 6.00 Project Budget and Payment Provisions: 725-03(>.(J6 PUBLIC TRANSPORTATION 09/06 Page 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Departme nt payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Proj ect Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 100 725-030-06 PUBLIC TRANSPORTATION 09/06 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Fede rally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OM S Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OM B Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 100 725-O3()'06 PUBLIC TRANSPORT A nON 09/06 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OM8 Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OM8 Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 8. The number of copies required by Sections .320 (d)(1) and (2), OM8 Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OM8 Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OM8 Ci rcular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 100 725-030-06 PUBLIC TRANSPORTATION 09/06 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 S. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 100 725-03C>06 PUBLIC TRANSPORTATION 09/06 Page 7 of 14 8.00 Requisitions a nd Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation. District One Public Transportation Office 801 North Broadway Avenue, Bartow , FL, 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 100 725.03~ PUBLIC TRANSPORTATION 09106 Page 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Com pletion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 100 725-03~ PUBLIC TRANSPORTATION 09/06 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DB E) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equa I Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 100 725-03().()6 PUBLIC TRANSPORT A nON 09/06 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. ..,.~> 00 J;1 . 725-031}.OO PUBLIC TRANSPORTATION 09/06 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipm ent: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at tria I. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 00 725-03c.os PUBLIC TRANSPORTATION 09106 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2009 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final In voice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 00 725-030-06 PUBLIC TRANSPORTATION 09/06 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time fra meso Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 100 725'()3CHJ6 PUBLIC TRANS FORT A TION 09/06 Page 14 of 14 Financial Project No. 42044618401 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, AGENCY FOOT Collier County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATORY (PRINTED O. R TYPED) ~ . ~/ ~-~ SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Production or His/Her Designee TITLE TITLE $t ., to. cn.f~ S S1911.bt":"tlr~ . k ~. , .4tI>j,i , ~ ,. . . .r ' .. . _ ._Ij/(;{"~~::CJ 4s~n stAnt ro"ot I' Mto!'rl) r ' 100 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami TraiL Naples, Florida 34112 referenced by the above Financial Project Number, dated PROJECT LOCATION: Collier County PROJECT DESCRIPTION: This Agreement provides for the Department's participation, through the State Transit Service Development Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services. Specifically, this Agreement provides Department funding to the Agency (Collier County) for".. .improved frequency of service on Collier Area Transit's existing Red Route..." according to the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department and according to the Agency's most recent Collier Area Transit transit system route map and transit service schedule incorporated herein as Exhibit AI. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: 1. The Florida Legislature enacted the Public Transit Service Development Program to provide initial funding for special projects. 2. As required by Department's "Public Transit Service Development Program" procedure, Topic Number 725-030-005-g, dated December 15, 2004, this Agreement "...shall specify that if deemed successful by their 0\w measures, Service Development Projects must be continued by the public provider without additional Public Transit Service Development Program funds." 3. The "Project Objectives" as stated in Number 6, and the "Criteria for Success" as stated in Number 8, both in the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department specifically identify results to be achieved from the implementation of this Agreement. Page 1 of2 10D Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program Exhibit A, Page 2 4. The "Operational Responsibilities," that is, a list of specific actions the Agency will take to meet the "Project Objectives" are those stated in Number 7, "Operational Responsibilities," in the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department. 5. Regarding "financial responsibilities," as referenced in the Department's "Public Transit Service Development Program" procedure, Topic Number 725-030-005-g, dated December 15, 2004, maximum State funding for a local service development project is calculated by first subtracting from the total project cost any Federal funds, fares, contract revenues, Commission for the Transportation Disadvantaged, or other funds to determine the net project cost. The Department may provide up to one-half of the net project cost, but no more than the amount of funding the Agency is providing. 6. During the term of this Agreement, the Agency will provide to the Department a minimum of five (5) semiannual reports, and one (1) final report on the progress of the project provided for herein. The Agency may provide quarterly reports at the Agency's option. The time periods and the schedule for the progress reports are as follows: Semiannual Progress Reports: Semiannual Progress Reports: Reportine Periods Due-Dates October 1, 2006 - March 31, 2007 April 30, 2007 April 1, 2007 - September 30,2007 October 31, 2007 October 1, 2007 - March 31, 2008 April 30, 2008 April 1, 2008 - September 30,2008 October 31, 2008 October 1,2008 - March 31, 2009 April 30, 2009 Final Progress Report: Final Progress Report: Reportine Period Due-Date April 1,2009 - September 30,2009 October 31, 2009, or with the final invoice, but not later than December 31, 2009 7. As stated in Section 341.051, Florida Statutes, the Department is authorized to fund Public Transit Service Development Program that will improve system efficiencies, ridership, or revenues. The Agency must abide by the following specified time duration(s) for the following eligible functional areas with respect to expenditure of Public Transit Service Development Program funding under this Agreement seeking reimbursement from the Department: a. For projects that improve system operations: A duration of no more than three years; b. For projects that improve system maintenance procedures: A duration of no more than three years; c. For projects that improve marketing and consumer information programs: A duration of no more than two years, and d. For projects that improve technology involved in overall operations: A duration of no more than two years. 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I'D .. :z a I: a r::r .. :: ." .. <:l IJCl .. >> a .... ~ f .... 9' - &0 .... .:. \ < )00 z c m ;;0 !!! -l tlI m )> o % ;;0 C :3 WILSON BLVD 100 n"~:~ tu:LQll.DJ o o I r - m ;;tI )> ;;tI m )> -t ;;tI )> Z en - -f ~ ~ ~ % )> < m VANDERBIL T DR ~ Cl CO) Z CIl -a )00 CIl n o I C m :::tJ n o c: z ~ f i !II: o ~ .... m m ;;0 c ru:-n ell ~i ~ ~~ ~ ~:;; g "m <II m o c: . " n .. m m " m <II -f . nI <II nI ~ " IE . i !II: o ~ .... m m ;;0 c n ;;0 ~ '" ill '" ::j . " m '" . -< -l o i !II: o ~ .... m m ~ 100 Collier County Financial Project Number: 420446-] -84-0 I Contract Number: Service Development Program EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples. Florida 34112 referenced by the above Financial Project Number, dated I. PROJECT COST: $570,750.00 Reference: This Agreement provides Department funding to the Agency (Collier County) for". ..improved frequency of service on Collier Area Transit's existing Red Route" (See Exhibit A, "Project Description and Responsibilities." TOTAL PROJECT COST: $570,750.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA ( NIA %) or $0.00 Agency Participation In-Kind Cash Other ( NIA %) or ( 50 %) ( NIA %) or $0.00 $285,375.00 $0.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) Federal Reimbursable (DU)(FRA)(DFT A) Local Reimbursable (DL) ( 50 %) or $285,375.00 ( NIA %) or$O.OO ( NIA %) or$O.OO TOTAL PROJECT COST $570,750.00 Page 1 of 1 100 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program EXHIBIT "e" (General) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112 referenced by the above Financial Project N umber, dated Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up, that is, supporting documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Modal Development Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. SECTIONS MARKED WITH AN X ARE APPLICABLE TO THIS AGREEMENT Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. lof2 100 Collier County Financial Project Number: 420446-1-84-0 I Contract Number: Service Development Program Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. X 2. X 3. X 4. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. Other contracts less than $25,000.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Recurring, renewable, or on-going operational contracts that have less than a twenty- five percent (25%) change in total dollar amounts from one year to the next. Purchase of service contracts where the Agency will provide transportation service for a fee. Required Submittals SUBMITT ALlCERTIFICA TION RESPONSIBILITY x x x x x x Procurement Requests Agency Safety Compliance Agency Specifications Agency Invoices Agency Audit Reports Agency Annually During Life of Project See Exhibit A, "Special Considerations by Department, "Number 6; Life of Project Project Progress Reports (In Department approved format) 2 of2 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program IOD EXHIBIT "0" FEDERAL AND/OR STATE RESOURCES" 725-030-06 PUBLIC TRANSPORTATION 04/06 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: · The services and purposes for which the Agency will use the State Public Transit Service Development Program resources, pursuant to Section 341.051, Florida Statutes, and Rule Chapter 14-73, "Public Transportation, Florida Administrative Code are the Agency's eligible administrative, management, and operational expenses of providing public transportation services. Specifically, this Agreement provides Department funding to the Agency (Collier County) for".. .improved frequency of service on Collier Area Transit's existing Red Route." FEDERAL RESOURCES Federal Agency N/A Catalog of Federal Domestic Assistance (Number & Title) Amount N/A N/A Compliance Requirements 1. N/A 2. N/A 3. N/A ST A TE RESOURCES State Agency Florida Department of Transportation Catalog of State Financial Assistance (Number & Title) State Public Transit Service Development Program CSFA No. 55012 Amount $285,375 Compliance Requirements I. As set forth in Section 341.051, Florida Statutes, Rule Chapter 14-73, "Public Transportation, Florida Administrative Code, this Joint Participation Agreement, and its Exhibits A, B, and C Matching Resources for Federal Programs Federal Agency N/A Catalog of Federal Domestic Assistance (Number & Title) Amount N/A N/A Compliance Requirements: N/A NOTE: Section AOO(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 1 of I 10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Otlice only .!!!k!: the Board !las taken action on tile item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If tile document is already complete with the exceotion of the Chainnan's silmature, dmwa line throuszh routinsz lines #1 through #4, comDlete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routinl! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primal)' contact is tile 110lder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summaI)'. Primal)' contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC oftice only ailer the Bce has acted to approve the item.) Name of Primary Staff Lauren Beard Phone Number 403-2338 Contact Agenda Date Item was 10-10-06 Agenda Item Number lOe Approved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts; agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_lO-lO-06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Co un Attorne 's Office has reviewed the chan es if a licable. Yes ( Initial) 2. 3. 4. 5. 6. \/t> ~ \n r'\ I Cl \....,''i,.'? 'V~9 LV I: Forms/ COUllty Fonus/ BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: October 12, 2006 To: Lauren Beard, SHIP Program Coordinator Housing and Grants From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-269 Attached, please find one copy of the document referenced above, (Agenda Item #10E), which was approved by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, please contact me at 774-8411. Thank you. Attachment (I) Jl 0 E iDE' RESOLUTION NO. 2006- 269 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; INCREASING THE PURCHASE PRICE LIMIT; ADDING NEW DEFINITIONS; UPDATING HOUSING STRATEGIES; ADDING NEW INCENTIVE STRATEGIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted Collier County Ordinance No. 93-19 on April 13, 1993, codified as Article III of Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier County Housing Initiatives Partnership (SHIP) Program; and WHEREAS, through Resolution No. 2004-155, the Board of County Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds for fiscal years 2004-2005, 2005-2006, and 2006-2007; and WHEREAS, recently adopted House Bill 1363 requires that certain changes must be made to Local Housing Assistance Plans; and WHEREAS, increased median sales prices in the housing market in Collier County have outpaced the current LHAP program's ability to function in this market, requiring an increase in the program's purchase price limit if Collier County is to continue to assist low income buyers in purchasing homes in this area; and WHEREAS, Collier County is updating its strategies in order to be more effective in the current housing market; and Page 1 of2 IDE WHEREAS, definitions are being added to include the various median income limits as defined by Housing and Urban Development (HUD). NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the Collier County and City of Naples, FL State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the State of Florida Fiscal Years 2004/2005, 2005/2006, and 2006/2007, a copy of which is attached to this Resolution, is hereby amended as set forth in such attachment, which amendments include the following provisions: 1. The maximum sales price for SHIP Funds under the Local Housing Assistance Program has been increased from $254,250 to $300,000 per unit. 2. Section I (P) has been added to include the definitions of Essential Services Personnel, Extremely Low Income, Very Low Income, Low Income, Moderate Income, Program Income and Recaptured Funds. 3. Housing Strategies have been updated to reflect the changing needs of the community. 4. Incentive Strategies have been added to reflect current policies that pertain to affordable housing. 5. The Housing Delivery Goals Chart of the 2005-2007 LHAP has been updated to reflect the new strategies and changes to current strategies. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval, and that it be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this 10th day of October, 2006. BOARD OF COUNTY COMMISSIONERS COLLy~T~ By: ~ FRANK HALAS, CHAIRMAN and sufficiency: Page 2 of2 Item # {Vb IJ;JIQ~ - tQ~~~ -c _~~.~~ Klatzkow Assistant County Attorney .1 DE COlliER COUNTY and CITY of NAPLES, Fl STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) For the State of Florida Fiscal Years 2004/2005, 2005/2006, and 2006/2007 Collier County Operational Support and Housing Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (239) 403-2330 . Fax (239) 403-2331 www.collier.netIOSH - 1 - Underlined text added; strike trn-ough text is deleted "f:.;,'\ ~ t':"C"' ,~L .~ I. PROGRAM DESCRIPTION Chapter 67-37.005 FAC. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Sectioll 420. 90 72(5),F.S. Collier County. Interlocal : Yes X No Name of participating local government(s) in the Interlocal Agreement; City of Naples. A copy of the Interlocal Agreement is attached as Exhibit H. B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), FAC. Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the Collier County comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37. 002,F.A. C. X 200412005 X 2005/2006 X 2006/2007 D. Governance: Chapter 67-37.005(3)and(5J(i)FA. C. and Sectioll 420.907 J (/4)FS. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the Collier County Comprehensive Plan. E. Local Housing Partnership Section 420. 90 72 (/J(a), FS. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. Some of the active partners in Collier County are: Collier County Banking Partnership Collier County University of Florida Extension Service Habitat for Humanity of Collier County The Saint Matthews House Emergency Shelter The Saint Matthews House Wolf Apartments Transitional Living Center -2- Underlined text added; strike through text is deleted ]00 E ill Collier County Housing Authority Collier County Hunger and Homeless Coalition Catholic Charities of Collier County Collier County Housing Development Corporation Collier County Loan Consortium Shelter for Abused Women and Children Empowerment Alliance of Southwest Florida F. Leveraging: Chapter 67-37.007(I)(b)(c), FA.C and Ssection 420.9075(I)(a) and (l)(b3, and (I)(c), FS The Plans are This plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005(3), FA.C Public input was solicited through face to face meetings with housing providers, social service providers, public advisory committees, local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach Chapter 67-37.005(6)(a), FA.C. The county or eligible municipality or its administrative representative Collier County shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination: Section 420.9075(3)( c), FS In accordance with the provisions ofss. 760.20-760.37, it is unlawful to discriminate on the basis ofrace, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67-37. 005(5)(g),FA. C Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling and Transportation. K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housingmay not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for - 3 - Underlined text added; strike through text is deleted 1,.. U;"., of any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median average area purchase price established by the U.S. Treasury Department or as described above. The methodology used by Collier County (local government) is: X Bond Study Numbers provided by Florida Housing Finance Corporation _ Independent Study (copy attached) X U.S. Treasury Department Tho purchase price limit for: Now Homos: $25'1,250 Existing Homes: $254,250 Maximum Allowable Sales Price* $414,861.30 90% of Average Sales Price for Collier County Maximum Adopted Sales Price $300,000.00 65% of Average Sales Price for Collier County *Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation. L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e), FA.C .and Section 420.907J(2), FS. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent ofthat amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Wages to Work: Chapter 67-37. 005(6)(b)(7)FA. C Should an eligible sponsor be used, Collier County has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (j), FS. In the case of rental housing, the staff or entity that has administrative authority for - 4 - Underlined text added; strike through text is deleted bo !I;.t ~:.J implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)(1)3, F.A.C.. A detailed listing including line-item budget of proposed Administrative is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The Collier County Board of County Commissioners finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent ofthe local housing distribution moneys and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. Collier County has adopted the above findings in the attached resolution, Exhibit E. P. Definitions: Essential Service Personnel (ESP): Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel. health care personnel. skilled building trades personnel, government employees, and employees associated with health, safety and welfare agencies within the county earning up to 140% of median and all other full time employees earning less than 80% of median income. - 5 - Underlined text added; strike through text is deleted ~>.i Extremely Low Income (ELI): Individuals or a family whose total annual household income does not exceed 30% ofthe median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Very Low Income (VLI): Individuals or a family whose total annual household income does not exceed 50% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Low Income (LI): Individuals or a family whose total annual household income does not exceed 80%.ofthe median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Moderate Income (MI): Individuals or a family whose total annual household income does not exceed 120% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Program Income: The proceeds derived from interest earned on or investment ofthe local housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from loan repayments, recycled funds and all other income derived from use of funds deposited in the local housing assistance trust fund. Recaptured Funds: The funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to s. 420.9075(4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award or loan award II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. A. Name of Strategy: Purchase Assistance a. Summary of the Strategy: The Purchase Assistance Program assists first-time homebuyers by paying a portion of their down payment and closing cost expenses. Funds may also be used to cover a portion of permitting fees or impact fees due on new construction. Buyers of existing units are also eligible for -6- Underlined text added; strike through text is deleted ~1'" 0 Fa .. ! . L'- . , additional emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005,2006, and 2007. c. Income Categories to be served: Purchase assistance will be available only to low and very-low income applicants. d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per uni 1. e. Terms, Recapture and Default: Terms of Repayment: All purchase assistance loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence ofthe homebuyer. At that time the balance of the loan will be recaptured. repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come I first- served basis from all applicants meeting the following selection criteria: The applicant must be a first-time homebuyer. A first-time homebuyer is defined as anyone of the following: not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price ofthe home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Additional Information: The purchase assistance program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very-low income first-time homebuyers in Collier County. - 7 - Underlined text added; strike through text is deleted ~ B. Name of the Strategy: Rehabilitation: Owner-Occupied a. Summary ofthe Strategy: The housing Rehabilitation: Owner-Occupied program assists very-low and low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during state fiscal years 2005,2006, and 2007. c. Income Categories to be served: This program will assist eRlyvery-low and low income homeowners. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms, Recapture and Default: Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. Loans will be forgiven at a rate of33.3% every five years. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis. Loans will be given to eRlyvery-low and low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, HOME funds, or other alternative sources. C. Name of the Strategy: Land Acquisition a. Summary ofthe Strategy: The land acquisition program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non-profit housing providers to acquire such land. +he Collier County Financial Administration and Housing Department may also use this program to purchase land to be used for affordable housing. - 8 - Underlined text added; strike through text is deleted IDE b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2005, 2006, and 2007. c. Income Categories to be served: The eventual beneficiary must be low or very- low income, and be selected on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per shall not exceed $25,000 per unit. e. Terms, Recapture and Default: Terms ofRepavrnent: Land acquisition program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of20 years with an interest rate of 0%. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be recaptured. repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: A non-profit housing provider wishing to receive land acquisition with new construction funds will be evaluated competitively on the following criteria: Financial strength of the agency The ability of the developer to complete the development with within the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program. g. Additional Information: The SHIP funds used in the land acquisition program will be leveraged by several public and private sources. The non-profit agencies receiving these loans will be constructing housing units on the land acquired with funding secured elsewhere in the public and private sector. D. Name of the Strategy: Demolition with New Construction -9- Underlined text added; strike through text is deleted ';';"':'\ -~ d.~ a. Summary of the Strategy: Through the demolition v,'ith new construction program low and very low income homeovmers of substandard housing, A nonprofit housing provider may receive a deferred payment loan to pay for the demolition and replacement of substandard housing found not to be cost effective or possible to rehabilitate HBits for low and very-low income homeowners. The construction of a new home or installation of a modular home built to DCA code will occur after demolition and clearance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005,2006, and 2007. c. Income Categories to be served: Participants in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per -\:ffiit.;- Deferred payment loan for demolition, clearance and construction shall not exceed $250,000. e. Terms, Recapture and Default: Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan '""ill be recaptured. Repavment will occur when the property is sold or transferred to the qualifying buyer. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: A non-profit housing provider wishing to receive land acquisition with new construction funds will be evaluated competitively on the following criteria: Financial strength of the agency The ability of the developer to complete the development with within the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program. - 10- Underlined text added; strike through text is deleted .IOE g. Additional Information: In cases where the cost of demolition and construction exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients ofloans from this strategy may also qualify for SHIP purchase assistance program. E. Name of the Strategy: Special Needs Housing a. Summary of the Strategy: Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005,2006, and 2007. c. Income Categories to be served: The eventual beneficiary must be low or very- low income, and be selected on a first come first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/unit Shall not exceed $25,000 per unit. e. Terms, Recapture and Default: Terms of Repavment: Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need ofthe organization, the organization's ability to repay, and non- profit or profit status ofthe organization. Y early payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be recaptured. repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. Rental:Y !!nits will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. f. Recipient Selection Criteria: A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following - 11 - Underlined text added; strike trnough text is deleted l~ criteria: Financial strength of the agency The ability of the developer to complete the development with the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources g. Additional Information: The SHIP funds used in the special needs housing program will be leveraged by several public and private sources. The non-profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. F. Name of the Strategy: Housing Rehabilitation: Rental a. Summary of the Strategy: The housing rehabilitation: rental program assists non- profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and! or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during state fiscal years 2005,2006, and 2007. c. Income Categories to be served: This program will assist only non-profit housing providers who provide housing to low and/or very-low income tenants on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/unit. $15,000 per unit. e. Terms, Recapture and Default: Terms ofRepavment: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non-profit or profit status ofthe organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be recaptured. repaid to Collier County. - 12 - Underlined text added; strike through text is deleted 1.\ 0 . E' Repaid funds are considered program income, a portion of which may be used for program administration. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. f. Recipient Selection Criteria: A non-profit housing provider wishing to receive rehabilitation-rental funds will be evaluated competitively on the following: Financial strength of the agency Ability of the developer to complete the development with the established time lines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program. g. Additional Information: SHIP funds will be leveraged by the non profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non profit housing provider must contribute $2. G. Name of the Strategy: Disaster Relief a. Summary of the Strategy: The disaster relief program provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a natural disaster using any funds that have not yet been encumbered or additional disaster funds issued bv Florida Housing Finance Corporation. SHIP disaster funds may be used for repairs sustained as a result of a natural disaster and payment of insurance deductibles for rehabilitation of homes covered under homeowners insurance policies. offers loans to lo\v and very loy! income homeovmers whose homes need repair to correct life threatening, health and safety defects after a natural disaster. Corrections will also be made in order to alleviate exposure to natural environmental elements. b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2005, 2006, and 2007. -13 - Underlined text added; strike through text is deleted 1 :&l t}, , c. Income Categories to be served: All recipients in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per l:llTi+.-$15,000 per unit. e. Terms, Recapture and Default: Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence ofthe homebuyer. At that time the balance of the loan will be recaptured. repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-cornel first served basis. Loans will be given to only moderate, low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. fJI units assisted must have life threatening, health and/or safety defects. Corrections will also be made in order to alleviate exposure to natural environmental clements. g. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. H. Name of the Strategy: Relocation Assistance Proe:ram a. Summary of the Strategy: Through the relocation assistance strategy, persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums, will be eligible to receive a one time relocation assistance grant through this strategy. Grants may be used to fund relocation expenses such as down payment, deposits, first and last month's rents, utilities and rental assistance. b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2005, 2006, and 2007. A cost sharing agreement shall be pursued between the County and any developer needing County approval to move forward with plans that will result in the loss of affordable housing. - 14- Underlined text added; strike through text is deleted .! 0'.' E-' - ._ _'.11:.' c. Income Categories to be served: All recipients in this program must be very-low Income. d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000 per family e. Terms ofRepavment: All funds provided to eligible households will be in the form of a grant and not subiect to recapture. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis to persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums. III, LHAP INCENTIVE STRATEGIES Section 420.9071(16), FS A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Collier County Resolution No. 2004 _ 2005-408 adopted .i\pril 2i''', 2004 November 29, 2005, speeds the rezone, approval, and permitting of developments for affordable housing. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: The executive summary system used by the Collier County Board of County Commissioners serves as a process for an going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which is reviewed as to its effect on affordable housing. C. Name of the Strate2:V: Affordable Housing Definition Definition as defined in the Collier County Land Development Code Section 1.08.02. a. Established policy and procedures: Housing, affordable-workforce: means residential dwelling units within a -15 - Underlined text added; strike through text is deleted 1 [\ monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adiusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See Section 2.05.02), specifically including the following subsets: Rental workforce housing less than 50 percent of median income, otherwise considered to be "very low income". Rental workforce housing from 51 percent-60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing less than 50 percent of median income, otherwise considered to be "very low income". Owner occupied workforce housing 51 percent-60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing 61 percent-80 percent of median income, otherwise considered to be "low income". Owner occupied gap housing: 81 percent-ISO percent of median income. The term affordable housing is specifically intended to include affordable- workforce housing. D. Name of the Strate2Y: Impact Fee Deferrals for Affordable Housing a. Established policy and procedures: Collier County Ordinance No. 2005-40, as amended, adopted July 26, 2005 allows for the deferral of impact fees for affordable housing. E. Name of the Strate2V: Increased Density Levels The process in which a developer may request increased density by including a certain percentage of affordable housing in the mix of the community. a. Established policy and procedures: A Density Bonus Agreement must be entered into and approved by the Board of County Commissioners as provided for in the Collier County Land Development Code Section 2.06.00. F. Name of the Strategy: Preparation of a Printed Inventory of Locally Owned Public Lands Suitable for Affordable Housing. Process by which the County prepares a list of County owned properties that are -16- Underlined text added; strike through text is deleted "1" 0 :..." E' suitable for affordable housing. a. Established policy and procedures: At least every three years, Collier County will prepare and adopt by Resolution an inventory list of all real property it owns within its jurisdiction that is appropriate for use as affordable housing. IV. EXHIBITS: A, Administrative Budget for each fiscal year covered in the Plan, Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) FA.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), FAC. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37005(7), FA.C Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, FS Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420. 90 72 (3)(a) , FS If changed from the original ordinance, a copy is attached as Exhibit G. - N/ A H. Interlocal Agreement: Section 420.9072, FS A copy of the Interlocal Agreement is attached as Exhibit H. EXHIBIT A- ADMINISTRATIVE BUDGET A. The responsible entity for administration of this program is the Collier County Financial Administration and Housing Department. The F AH Director shall have the authority to fully - 17 - Underlined text added; strike through text is deleted administer the SHIP program within the constraints of this plan. B. The Collier County Financial Administration and Housing Department will use 10% ofthe SHIP funds for the administration of the program. C. Breakdown ofthe administrative budget for the Collier County SHIP program State-Fiscal Years 2005, 2006, & 2007 is as follows: FY2005 FY2006 FY2007 Salaries & Benefits $146,000 $146,000 $146,000 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,000 $ 35,000 $ 35,000 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/ Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $212,000 $212,000 $212,000 - 18 - Underlined text added; strike through text is deleted lOF THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF AUGUST 14, 2007 ITEM NO.: 106 D8[EUI-RIt~EIV~: . ..,'....1 '~'\11v ATTOPNf.:\ ,j..J..)1 I" I I, ~. FILE NO.: o/' -tl?C - {)Osev 200& OCT 12 PH 12: 02 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 11, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, C.P.M., Contract Specialist ~1... ./ Purchasing Department, Extension 2667 Ou Re: Contract: 06-4007 "Tourism Marketing Services" Contractor: Paradise Advertising and Marketing, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 10, 2006; Agenda Item 10.G. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~ <!... c.. ~ di? ~ lO'-/'" cc: Jack Wert, Tourism _ /,... ..~* ' ~ IO!t7!OIF~~~~~' fJ.,..k ~ ~r-& .' ~ . lIu..u_P.w-~ /O/;J7/ 0 ~ -GJV~t@:l\r,~CkcuLt- /;v {uk l:aJdig.- ,MJ-j1- 'Ovv~-"'" 6, I "f"'\ . ;>- " ;:C{G TO: MEMORANDUM j JOYJ Sheree Mediavilla DP ICI'''I~~ Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist ,J Purchasing Department i~ DATE RECEIVED OCT 1 1 2006 RISK MANAGEMENT DATE: October 11, 2006 RE: Review of Insurance for Contract: 06-4007 "Tourism Marketing Services" Contractor: Paradise Advertising and Marketing, Inc. This Contract was approved by the BCC on October 10, 2006; Agenda Item 10.G. Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW (~gL / /Y) y afJ 500 ~ v/ we 4~ / A~ v ~ / cc: Jack Wert, Tourism ne"_k From: LynWood Sent: Tuesday, October 24, 2006 11 :24 AM To: nell_k Subject: FW: 06-4007 Tourism Mktg - Paradise Advertising - Ins Cert From: DeLeonDiana Sent: Wednesday, October 18, 20063:03 PM To: walkeU Cc: LynWood; nell_k Subject: FW: 06-4007 Tourism Mktg - Paradise Advertising - Ins Cert Thank you. f){~a !Jt, tu~ From: walker-J Sent: Wednesday, October 18, 2006 2:47 PM To:D . 6)ect: RE: 06-400 '1'"0 ism Mktg - Paradise Advertising - Ins Cert pagetlb G The GL looks ok. They nee to give us evidence of Auto and Workers' Compensation. From: DeLeonDiana Sent: Wednesday, October 18, 2006 1:52 PM To: walkeU Cc: LynWood Subject: 06-4007 Tourism Mktg - Paradise Advertising - Ins Cert Jeff, 10/27/2006 10 ~"'< .... .~;'l . .- .....' \~ --: .,4 MEMORANDUM Date: October 31, 2006 To: Lynn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Agreement #06-4007: "Tourism Marketing Services" Contractor: Paradise Advertisign and Marketing, Inc. Enclosed are three(3) original contracts, as referenced above (Agenda Item #10G) approved by the Board of County Commissioners on Tuesday, October 10, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) 1. ~~ ~.! I "i Contract # 06-4007 "TOURISM MARKETING SERVICES" THIS AGREEMENT, made and entered into on this fO-fi'day of Oc-tc b"'-r 2006, by and between Paradise Advertising and Marketing, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Contractor shall commence the work on October 1, 2006. The contract shall be for an initial two (2) year period, terminating on September 30, 2008. The County may, at its discretion and with the consent of the Contractor, extend the Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor will provide the following serVIces including, but not limited to: a) Develop for approval and implementation and counsel with the County on advertising and marketing communications to meet the County's objectives and budgetary limitations. b) Develop for approval and implementation, and obtain prior written approval from the County by use of an Estimate or Insertion Order for all media and production projects. c) Plan and implement a strategic advertising and promotion program to include an Emergency Advertising Plan and County museum promotional publicity, creative art direction, copy writing, layout and production. d) Create an annual marketing plan prior to the start of each fiscal year outlining current situation, creative strategy, implementation schedule and measurement. e) Develop collateral materials including brochures, newsletters, and direct mail, including creative copy, layout and production. f) Develop and implement website and Internet marketing strategies and advertising. g) Maintain an office in Collier County staffed with a full-time Account Manager. h) Supply the County with monthly reports reflecting agency activity and return on investment, such as placement and inquiry reports. i) Additional services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. ADVERTISING Charges for advertising placed by the Contractor on behalf of the County will be billed to the County in accordance with the negotiated rate(s) of the specified medium or media. All charges for production, print and broadcast will be billed to the County lOG upon receipt of all required documentation. Invoices will include the appropriate documentation including tear sheets, approved Insertion Orders or Estimates and media or production invoices. The Contractor will prepare and send to the County pre-approved adjusted media invoices to account for insertion changes, short rates, circulation rebates and/ or other adjustments. The County agrees to assume full financial liability for properly authorized insertions for advertising space and/or time placed on its behalf by the Contractor. However, the Contractor shall assume liability for all insertions for which the Contractor has received payment in full from the County. In the event that a publication and/ or station elects not to accept the Contractor's standard insertion order which disallows liability for unpaid media charges, the County agrees to provide the publication and/ or station with written confirmation of acceptance of this liability. MATERIALS AND SERVICES All charges for advertising production, photography, on-line production design, printing, direct mail, audiovisual production services, marketing research and museum promotional publicity will be estimated, authorized in writing by the County and billed at cost on a project basis. The County agrees to assume full financial liability for properly authorized services initiated on its behalf by the Contractor. County may modify, reject, cancel, or stop any and all plans, schedules, or work in progress at anytime by delivering written notice. In this event, however, County will retain sole liability for all commitments made by the Contractor prior to such action, and reimburse Contractor for all of Contractor's charges and expenses for work begun with County approval. 3. PAYMENT: Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and/ or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. TRAVEL AND REIMBURSABLE EXPENSES Travel expenses shall be reimbursed in accordance with Collier County Resolution 2004-370. Travel mileage reimbursement is to be paid at the current authorized rate. Reimbursable items other than travel expenses shall include, but not be limited to the following: actual telephone long-distance charges, actual fax charges, in office 2 l(OG photocopying charges at ten cents ($.10) per copy or actual photocopying charges if done while traveling and actual postage and actual shipping charges. Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. THE CONTRACT SUM: AGENCY FEE For regular and emergency advertising, the County agrees to pay the Contractor a fee of twenty-five thousand dollars ($25,000.00) per month based upon a total annual fee of three hundred thousand dollars ($300,000.00) as consideration for all professional time devoted to account administration, client meetings, strategic planning, media planning, media negotiation, media placement, broadcast traffic and billing. All media and production costs for regular and emergency advertising, including but not limited to, creative and outside vendor costs up to two million dollars ($2,000,000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over two million dollars ($2,000,000.00) annually will be added by change order and will be billed at gross, reflecting a Contractor commission of fifteen percent (15%). The Contractor fee will be billed on the first day of each month beginning October 1, 2006. The County Museum advertising budget is fifty thousand dollars ($50,000.00) and will be billed at gross, reflecting a Contractor commission of fifteen percent (15%). All charges for advertising, production, photography, on-line production design, printing, direct mail, audiovisual production services, marketing research and museum promotional activity will be estimated by the Contractor and authorized in writing by the Tourism Director or his designee and billed on a project basis. Out of pocket expenses will be billed at net. The agency will provide emergency pro bono publicity and public relations services, up to six thousand dollars ($6,000.00) in staff time. Additionally, the agency will make publicity and public relations services over and above the emergency budget available on an as-needed basis, estimated in advance on an Estimate Form and submitted to the Tourism Director or his designee for prior written approval before expenses are incurred. 5. PROFESSIONAL FEES/HOURLY BASIS: For estimating and billing purposes, services will be billed at the rates on Exhibit A attached hereto and made a part hereof. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if delivered by hand, fax, email or the United States Postal Services Department, first class mail service, postage prepaid to the Contractor at the following Address: 3 lOG Cedar Hames, President Paradise Advertising & Marketing, Inc. 150 Second Avenue North # 800 St. Petersburg, FL 33701 Facsimile: 727-822-3722 All Notices from the Contractor to the County shall be deemed duly served if delivered by hand, fax, email or the United States Postal Services Department, first class mail service, postage prepaid to the County to: Jack Wert, Director Collier County Tourism Department 3050 N. Horseshoe Dr. # 218 Naples, Florida 34104 Facsimile: 239-403-2404 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to 4 lOG continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. OWNERSHIP OF DOCUMENTS: County shall be the owner of all documents and materials produced pursuant to this Agreement and Paradise Advertising & Marketing, Inc. shall not receive any additional compensation for their use or reproduction by the County. The County shall be the owner of and be in possession of all intellectual property created or furnished pursuant to this Agreement, including, but not limited to drawings, layouts, photography, film, video and printed documents, unless specifically exempted by the County . 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Upon termination of this Agreement, Contractor will bill the County for all amounts not previously billed and due Contractor at that time. Contractor will not be entitled to payment for any advertisement if work on it commenced after Contractor received notice of termination. Contractor will be entitled to payment for services for advertisements commenced and approved for placement by the County prior to receipt of such notice. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Agency's; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. 5 lOG Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Agency during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all sub contractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #06-4007 "Tourism Marketing Services", Contractor's Proposal and Insurance Certificate. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. The approval of this Agreement is contingent upon a finding by the Collier County Board of County Commissions that adequate funding exists for the purposes set forth herein through approval of the annual Tourism Department budget. If Category "B" tourist tax funds become unavailable in the future, no further funding under this contract will be due to the Contractor and the County may terminate this Agreement in accordance with paragraph #11, "Termination". 18. COOPERATION: The Contractor shall fully cooperate with the County in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the County, shall 6 lOG constitute grounds for the County to impose sanctions that do not result in termination of this Agreement. 19. EMPLOYMENT OF CONTRACTOR PERSONNEL: During the term of this Agreement and for a period of one (1) year following its termination, the County agrees not to hire any employee (past or present) of the Contractor who worked on the County's account while employed by the Contractor. 20. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books, documents, papers and financial information pertaining to work performed under this agreement. The Contractor agrees that the County, or any of its duly authorized representatives, shall, until the expiration of five (5) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers and records of the Contractor involving transactions related to this Agreement. 21. PROHIBITION OF ASSIGNMENT: The Contractor shall not assign, conveyor transfer in whole or in part its interest in this Agreement without the prior written consent of the County . 22. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -)-~ --~~ B . :',::.;;.~ ~ ' y.--" ~~ .-/ Frank Halas, Chairman W:'. ~p ". r'". ", "/.. ' '<~'..i ". C"" rl'i. 7 Approved as to form and legal sufficiency: Ag]~~ Print Name kLu"lv/'jtu~ First itness i/ "/ ,/i" ICDI '/ '-lrL~A\.- tType) print witness namet ~ \ ,(2.. t2..(\.e.k ~ tTypej print witness name t Ins By: Contractor: PARADISE ADVERTISING & MARKETING, INC. (, t -L&t o./), )+a1Jttf~ Signature C f5 D (9-12- 1/+;;4-1'l"7 C...5 , " /', ld-a i'-__../....ctV .f6'1. ~..I~ Cedar Hames, President 8 lOG Exhibit A Paradise Advertising & Marketing, Inc. Fee Based Clients - Hourly Rates Director of Account Service/Strategic Planning $ 200.00 Per hour Included in fee Brand Development Director $ 200.00 Per hour Included in fee Account Supervisor $ 125.00 Per hour Included in fee Account Executive $ 100.00 Per hour Included in fee Account Coordinator $ 85.00 Per hour Included in fee Media Planner $ 125.00 Per hour Included in fee Media Buyer $ 100.00 Per hour Included in fee Media Coordinator $ 85.00 Per hour Included in fee Public Relations Supervisor $ 125.00 Per hour Included in fee Billing $ 85.00 Per hour Included in fee Broadcast Production $ 200.00 Per hour Creative Director $ 175.00 Per hour Associate Creative Director $ 150.00 Per hour Senior Copywriter $ 125.00 Per hour Copywriter $ 100.00 Per hour Designer $ 125.00 Per hour Senior Art Director $ 100.00 Per hour Art Director $ 85.00 Per hour Graphic DesignerlMechanical Artist $ 85,00 Per hour Production Supervisor $ 125.00 Per hour Production Coordinator $ 85.00 Per hour Traffic $ 85.00 Per hour Public Relations Account Executive $ 120.00 Per hour Public Relations Writer $ 100.00 Per hour Public Relations Coordinator $ 85.00 Per hour Rates as of January 2006 ACORDT/l CERTIFICATE OF LIABILITY INSURANCE J OATEIMMlDOIYYYV} 07/U/2006 Pf<OOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RONALD F HOLEHOUBE AGCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CeRTIFICATE DOES NOT AMEND, EXTEND OR ~126 First Avenue South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. \___): Petersburg, FI. 33712 (727)823-5551 INSURERS AFFORDING COVERAGE NAlC# f-- PARADISE ADVERTISING AND SCOTTSDALt INSURANCE CO INSUR.ED INSURERA: MARKETING INC rrn:URER B: NATIONWIDE INSURANCE CO 150 SECOND .lWE N STE 8aO INSURER C: ST PETERSBURG, FL 33701. INSURER 0: I INSURER. E: COVERAGES tl filII LI1l::1 { 19:;: 1 q InG I-'Ab!::. l::1~ (LfC:!:;4::Jj::J':J ~UN HULc.HUU~!::. Ab!::.N~Y THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE lNSUREO NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAcT OR OlllERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFiCATE MAY BE ISSUED OR MAY PERTAIN, 1liE INSURANCE AFFORDEO BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE aeEN REDUCED BY PAIDCLAlMS. IHSR IJt>'l. ~~~fiC "8A"kCWMldo'1wpN -- LTO """" SURAIoll'-'" POUCVNUMBER UQTS ~EAALUA!lILllY EACH OCCURRENCE $1,000,000 X COMMERCIAlGENImAL LIABILITY .fflSMISeS lea ~nce) $50,000 I ClAIMSM...OE 0 OCCUR MEOEXP{Arryoneperson) $5,000 11. CPS06950n 03/02/06 03/02/07 PERSONA1,& ADVINJURY $ G!';N!;ML AGGREGATE $2,000,000 GEN'L AGGREGATELIMrr APPUES f>ER: f>ROOUOT5- OOMPIOPAoo $ IX1.POLtCYnJGb~ . n'LOC ~OM013rLIl.IAllIUlY '_ I , 11'~ COMal~DS'NGLELIMIT $500,000 r- ANYAllTO ' - r (Euc:t:l I) c-- "'-OW><DAWO'S V BODILYlNJURY ~ SCHEDULEOAUTO If:-' {Pel'persll11} S II X HIRED AUTOS 77.BA7 693 613 0 01 08/25/05 08/25/06 -=- BOtJlLYlNJURY S X NON.oWNEMlJrOS (Peraccl<lent) - r-- PROPERTYOAMAGE $ -, , (PlUaccrdcnl) GARAGE LIABILITY AUTOONL y.!:AACCloefrr $ ~ ANYAl1TO OTHERTfWl ~ $ AUTOONL Y: AGG $ EXCESSIUMBRELUUASlUTY EACH OCCURRENCE $ OCCUR o CLAtMSMAOE AGGREGATE $ $ t10EOUCTIBlE $ AEITENTlON $ $ WORKEFl.9::0IilPENSATlOr-llND \\CSTATU- I 10Jlf EMPLOYERS'UABlLnY mv PROMlETORIf>ARTNEIliI!lll:-otrIW aL..EACHACCIPENT $ OfFlCEMAeM!l!!nI<)(~ c.L. DISEASE- EA eMPlOYEE $ 1~es,d~ctlblJJndet S ECW.PROVISIONSbeloW E.L.. DISEASE-POLICY LIMIT, $ O'llit;R DESCRIPTlONJFOI'ERATlONSLOC^T10NSVEHICLES' EXCJ.lJSlONSl.OIJEOBYENOOFlSE.ManS?~IAI.PROVl$IONS *****CERTIFICATE HOLDER IS NAMED AS ADDITION~ INSURED ON THE GkNER.M, LIABILITY POLICY***** RFP~ 06-4007 TOURISM MARKE':t'ING SERVICES CERTIFICATE HOLDER AS ADDITIONAL INSURED COLLIER COUNTY BOARD OF COUNrY COMMISSIONERS NAPLES, FLORIDA \........-- ACORD25{2001108) CANCELLATION SHOULDANYOFTHEABOVEDESCRlllECPOUCIES ElF. CAAcaLm::eEf'ORETHI'; IOXPIRATION DA,TE TliERE:Ol'. n1E ISSUING rNSURERWlLL ENDIlAVORTO MAlt. ~ PAYS ~m; NOTlCETO THE CEI<rlF1CATEHOLDER NANlEOfO WE LEFt, BUi FAILURETO 00 SO SHALL. .IMPOSE NO OBUGA"TlONOFl W,91l.ITYOF ANY KIND UPON THE INSUMR,lTs MENTS OR R ATlVES. A THO IZ I!PR!:SENT 10/27/2006 FRI 9:20 FAX 727 822 3722 Paradise la/26/2667 15:56 7278943339 RON HDLEHOUSE AGENCY ~ 003/008 PAGE El2/61 0 C~RTIFICATE OF INSURANCE The compa~y indicated below cp.rtifies tn6t the insurance ,afforded by the policy or polic1es numbered and de~cr1bed below is in force a~ of the effectiv~ ~ate of this certificate. This Certificate of Insurance doe~ not amend, extend. or otherwise alter the Terms and Conditions of Insurance coverage contained 1n a~ policy numbered and described below. CERTIFICATE HOLDER; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3050 NORTH HORSESHOE DRIVE NUMBER 218 NAPLES. FL 34104 INSURED: . PARAOrSE ADVERTISING AND , MARKETING INC 150 2ND AVE N STE 800 ST PETERS6URG. FL 33701-3341 LIMITS OF LIABILITY (.LIMITS AT lNCEPTIQN) I POLICY I POLICY I IEFF. DATE IEXP. DATE I I I I I I I Any One Occurrence... , . , " $ I I I I I I Included in Above - Any One Person or 1 I I OrganiZation I 1 I ANY ONE PERSON ..,'...,... $ I 1 I Any One Fire or Explosion $ I I I I I I General Aggregate* ..,..,. ~ I I 1 Prod/Comp Ops Aggregate* , $ I I I [XJ Owned [Xl Hired [X] Non-Owned 77-BA.769361-3001 NATIONWIDE MUTU^L INSURANCE CO. 08-~5.06 08-25-07 Sodi ly Injury (Each Person) .......,., $ (Each Accident) .".,'., $ Property Damage (Each Accident) ...".,. $ Combined S1ng1e limit. ." $ [ ) Workers' Compensation and L ] Employers' Liab1l1ty STATUTORY lIM!TS BODILY INJLJRY/ACC!OENT ... I: Bodily Injury by D1sease EACH EMPLOYEE., ,.. "... $ Bodily Injury by D1sea~~ POLICY LIMIT ,.......... $ 1 I 1 300.000 I I I I I i I I I I 1 I I D~SCRIPTION Or OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS EXCESS LIABILITY I ,I I Each Occurrence ....,..... $ Prod/Comp Ops/Dise~5e Aggregate* ..."...,..., $ Effect1vo Date of Certificate; Date Certificate Issued: Q8-25-2005 10-26-2006 Authorized Representat1ve: Countersigned at: RONALD F HOLEHOUSE 7.1?6 FIRST AVENUE SOUTH 5T PETERSBURG. FL 33712 ,10 }~...-,: ~ ~.1 5853687372 Sawgrass 2nd floor 01 :53:28 p.m. 07 -11-:1006 2/4 "......... CERTIFrCA TE OF UABILlTY INSURANCE I o,",rE (I,lMiOOlYYl ACORDTM 07/07/06 PROOUCER 1-877-266.6850 THIS CERTlFICf, TE IS ISSUED AS A MATTER OF INFORMATION paychex Agency, Inc. ONLY AND CONFeRS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1175 John Street. ALTER THE 'COVERAGE AFFOROED BY THE POLICIES BELOW. !'lout Renrie t to;, 1lY H5SJi INSURERS AFFORDING COVERAGE _....~ .-" -., .. .............-..-.--. IfJSlJItE D 1N$lJ~m k' ~w IUJ(pSHllur INstl:RARCE COKIIANY Paychex Hu.in... Solution.., Inc. O<'lU1UR.. p~RAnrS& ~V~RTISING ~ ~BTINa INe IkSIJRfR C: 911 Panor~a Trail South 1>mJ~V\ Do Roch..t.u:, NY 1-10625 877-266-6850 lomIllERE; COVERAGES ''--' THE POLICIES OF lNstJRANCli LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED .-;:sOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANt CONTRACT OR OTHER OOCUIIlENT WlTIi RESPE.CT TO 'MUCH THIS CERTIFICATE MA.Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI~ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POUCI~S.AGC3REGATE lIP,/lTS SHOWN P.lA Y HAVE BEEN REDUCED BY PAID ClAIMS. ;HSA POUcv unClM! I'CUCY Wl1lA1IOll 1.10 TY~k Uf """UiItA:NCf. ;POlJCY"'-'fti1BriR IIA TE IVWDDlNJ C^TlEIJI"lW~ UillTI QtNEilUL UADJUTY v.e.. OCC\IAA~ ; - i-- 3""""RC1I\L G~EI\IL Uo\aA1rf ~RE!lMl.lQlE).Iooy_fr" $ r-- ClAllolS MACE 0 OCCYR UECel<J>"",..._t 1 PEIIIOI/AL 810{ IN"""v . r-- CE~IVL AGGRIi<U\TI . - 1 OElfL NlGREJ>>.Ff =n 'ROOUCTa " COIoF...,' 1M $ I I'OUCY JEer LOG ~Ot,IOBlLE UAIIIUlY COMUlf<llll 5INGU! 1JIolIT ltNy AlfJO l1'I........., . f-- f-- AI.\.OWNED HlloS lIOCC.Y IHJ\JAY 'ClED.... EO AlJToS IP...~1 ; -. ----- - C IIREDAVTOS DOClILVHCJUFlY HO~lEO Autos ~P. w~ I -- L_, PROPE1HYlloNoL'QE i IPMtCdol",Q I ~"EU_UJY I<lJTO OM. Y . VI ACClllaIT I N;( /dJTQ OTlll!lll1Wl ~D ~A<:C I ONLY: AGO I ::r" UAllIUTY !ACIlOCI;\.tl1lWCE I . oecUI'.: o Cl.AWIS UADE: ~~n. . I R ~TIPlE I Ra ENllOH I I A wo~..,,'" COtlPEHS411014 AND ElolPLOV",U' "Hi 56672 ' 06/91/06' 06/01/01 ~ I v,cUTATU- I 1011<- lWI4UTY . TOAY UUJTa fR' i,\, EAcit -.ce1l>eHT ; 1,llOO,lioo t.L tlSEAK-I!A.~O'l'!E , 1,000,000 E.L CUE.O.st-I'OUCYLMl , 1.000,001) OTllEll i i ; DE3CRlPnON o. OI'ERATIQNsi\.<X:AT1QN!WlEI(CLUlUCLYIIOflS ADDED BY EHOOllU"'''TI7nClAl. HlOVlSlON$ :tNSUllJ WOaKKRS COXP2NS~~ION COVXRAox IS PROVXO~ TO ONLY raOS& ~LOY!KS Lv,sl!I> TO, l!l'OT NOT St.nlCONTMC'1'i>rts or, nut tW!lll> MP; II 06-4.007 TI'rLlll TOURISM KARXl!TINll SERVICES ~ CER,IFICATE HOLOER I I AOOf'I}QffAL tN.s....I\eO. ~SVRE.R. Lm1::rt: - CANCELLAT10N '<<OVLO ANY OF ntE AIQYIl DEIC"'B'D PQUt.lU IE C4HCltLLt.D '8f..FORl rHE U"UU."JO~ DA.Tt, COLLIXR CotrnT'Y nOMD 01> COtrn'l'Y COlOtISSIONllRS TNEUOF. lllE '''W'D INIUU~ Ylll.l illDUVOR TO ~A'l ..!Q.... ll.\n ""'TU" NOTICE 10 l~E , , CEIlllflCATt HQLDEIl ""'NED TO TNE LEFT. BY' 'AJLU~E TO DO 110 SHALL ''''O$E ND ODUDATION 3301 BAST TAMIAMI TRAIL, IILDO a OR LIAElILrrY Of' AflY KIPCO UPON TkIIHtU"I!R.IT.J AQi.Hl" OR R!.PR~..tJi1A)1Vlii". NAPLES, P.L ~H112 AU1KO)tlZED RE'ftEtcNT,ITNE ~~&...., USA . J., , , . D ~ ACORD 2S..s (7/97) =9"18&80 45973(0 , Q ACORD CORPORAT10N 1988 LOX-t \t'~-r<<Y(!I/) ~ till' f/L -lG '\.J" \ ~ 0/1 OJ 010 1. O."~ ".'.'. i , "Jr'. ,~ Christmas Camp ( 4 days) $60.00 4. Collier County Parks and Recreation Specialty Camps Additional specialty camp fees are competitive market prices based on hours and type of instruction. Ranger Camp per week Ski Camp per two weeks Sailing camp per two weeks $100.00 $250.00 $250.00 N. Refund Policy a. Programs and Classes Satisfaction Guarantee Policv - If you are not satisfied with a class or are unable to participate for any reason, please contact us immediately. Our policy is to provide a 100% credit or refund (your choice) to anyone who makes a WRITTEN request before the start of the second class. Requests received after the second class will entitle participants to a prorated refund. Prorated refunds will be based on the number of classes remaining at the time the written application for refund is made. This offer does not include adult sports leagues or supplies purchased for the class. b. Facility Rentals If you are not satisfied with a facility or inclement weather prohibits usage, a written request must be submitted within 48 hours. The department Director or designee will make a determination if the refund will be granted. c. Point of Sale Refund If YOU are not satisfied with a facility or a service provided by the department. your request for a refund will be reviewed by the supervisor on duty. Current Finance Department refund policies will be followed. O. Fines for Park and Beach Citations Chapter 89-440 Laws of Florida authorizes the Board of County Commissioners to designate employees of Collier County Parks and Recreation department as Park Rangers. The Board of County Commissioners has authorized Collier County Parks Rangers with powers and duties through BCC Resolution #91-462. Chapter 97-347 (Special Act) as amended by Chapter 2006-337. House Bill 1151. further authorizing Park Rangers to write citations appearing before the Special Master. 80-47- Parking Citation 80-47- Handicap Parking Citation 76-48- Domestic Animals 76-48- Littering 76-48- Intoxicating Beverages 76-48- Glass Containers 76-48- Fires 76-48- Sea Turtles - Structure on Beach no Interaction 76-48- Sea Turtles - Interruption of Nesting 76-48- Sea Turtles - Grievous Harm Caused 76-48- Sea Turtles - Artificial LightinglNon-Comp1iance 3 .1 lA-Gopher Tortoise Infraction $35 $250 .$1Q llQ ill .$1Q $100 $250 $500 $1.000 $500 up to $500 11 (Land Development Code) 76-48- Loud Music $100 76-48- Nudity llQ 76-48- Blasphemous Language llQ 76-48- Chumming and Blood Baiting ill 76-48- Protection & Preservation of Wildlife llQ 76-48- Camping ill 76-48- Driving MotorizedINon-Motorized Vehicle/Beach ill 76-48- Deface or Disfigure County Property $250 76-48- Protection of Vegetation llQ 76-48- Soliciting $100 76-48- Removal of Live. Natural Obiects $100 76-48- Removal of Cultural Resources $100 76-48- Firearms $100 P. Memorial Bench and Tree Donations 1. Bench - $2,000 2. Tree - $500 Q. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal I mile east of County Road 951 North Boundarv: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundarv: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard 2. User Categories Class I: Charitable, Not-for-Profit organizations Class II: Not-for-Profit organizations Class III: Civic organizations Class IV: Commercial or For-Profit organizations and any other group or individual 3. Deposit Fees Auditorium All Other Rooms $200.00 $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category Class I Class II within District No charge No charge outside District No charge approved by Board Class III No charge Class IV (<1,500 sq ft) $lO.OO/hour (1,501-3,000) $15.00/ hour (3,001+) $20.00/hour No charge $25.00/ hour $45.00/ hour $60.00/ hour B. Auditorium 12 lOH lOH Category Class I & III Class II Class IV within District No charge approved by Board $20.00/hr < 10 pm $40.00/hr 10 pm + outside District No charge approved by Board $60.00/hr < 10 pm $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category Class I Fund Raising Class II Fund Raising General Fee $30.00 per hour any size $20.00 added to rate above $60.00 per hour any size $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class II, as previously defined in 0 (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 13 lOH 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate oflnsurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 2. A copy of the fee rules, as hereby amended, is attached. 3. This revised policy shall be effective October 10, 2006. This Resolution adopted this day of and majority vote in favor of passage. , 2006 after motion, second ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Frank Halas, Chairman Deputy Clerk Approved as to form and legal sufficiency: By: Robert Zachary Assistant County Attorney 14 ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 10 Print on pink paper. Attach to original document. Original documents should hc hand dclivcrcd to thc Boanl Ortlcc. rhe completcd routing slip and original documents arc to he j,xwardcd to thc Board Orticc only after the Board has takcn action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of I. he Chairman's si nature, draw a line throu h routin lines # 1 throu h #4, com lete the checklist, and torward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. 4. Colleen M. Greene Assistant County Attorney CMG 1/3/06 3. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original documcnt pending Bee approval. Normally thc primary contact is the person who created/prepared the executive summary. Primary contact information is nceded in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be dclivcrcd to the Bee ollice only after the BeC has acted to approve the item.) Name of Primary Brenda Brilhart Phone Number 774-8446 Staff Contact Agenda Date Item was October 10, 2006 Agenda Item 10.1 Approved by the BCC Number Type of Document Contract #06-4035 - "Riviera Golf Estates Lake Interconnect- Number of Original Five (5) Attached Fleur De Lis Land", Contractor: Quality Enterprises USA, Inc. Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other oarties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on October 10, 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The Countv Attornev's Office has reviewed the chane:es, if applicable. I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcviscd 1.26.05, Rcvised 2.24.05 101 MEMORANDUM Date: November 3, 2006 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-4035 "Riviera Golf Estates Lake Interconnext -Fleur De Lis Lane" Contractor: Quality Enterprises USA, Inc. Attached please find three (3) original documents, as referenced above, (Agenda Item #101), approved by the Board of County Commissioners on Tuesday, October 10,2006. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8411. Thank you. Attachments (3) 101 REQUEST FOR LEGAL SERVICES · (0 \1\-V'06: \o'2f- (f; \S.l ~ ~ -- = ' d"" "'-__ Z c- o L.'::... -=:: .......-4~- I -<~ >: .....;\ ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: 0 & - P R Q. -60596 DO NOT WRITE ABOVE TillS LINE Date: October 27, 2006 ~ ::!: ~. =---1 -I r-: '---. -- --r1_ --'-' --? ---' ~t-r '/ To: ~~~C~~ Assistant County Attorney o N ...0 Fro~ Brenda Brilhart, Purchasing Agent Re: Contract #06-4035 "Riviera Golf Estates Lake Interconnect - Fleur De Lis Lane" Contractor: Quality Enterprises USA, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 10, 2006. Agenda Item: 10.! This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 11/';/06: - !2uu~-CJ/c -0 ,-'\ ~ rl J Memorandum DATE: October 27, 2006 TO: Sheree Mediavilla, Senior Analyst Risk Management Department -- FROM: @ Brenda Brilhart, Purchasing Agent r......... ..(' RE: Review ofInsurance for: #06-4035 "Riviera Golf Estates Interconnect - Fleur De Lis Lane" Contractor: Quality Enterprises USA, Inc. This Contract was approved by the BCC on October 11, 2006 Agenda 10.1 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/774-8446. /t5/$/~b ~~~:,~~ ~ ~~7:r~ ~~5~~A~ ~~- .~,- cc: Val Prince, Stormwater ,;.[ TPA#1953633.11 '~ n I JLU Riviera Golf Estates lake Interconnect -- Fleur De Lis Lane COLLIER COUNTY BID NO. 06-4035 COLLIER COUNTY, FLORIDA (Y/ I V) l, ~t (:' \ !0- /~) ... (-.'. ,{~) C....' ( ) /....... ' () J ....... ..\ "'-- C.. "- J C;', ~....J COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 10 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Riviera Golf Estates Lake Interconnect -- Fleur De Lis Lane as shown on Plan Sheets 1 through 7. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records r:;1 ""'. ii .,....,. PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Riviera Golf Estates Lake Interconnect -- Fleur De Lis Lane COUNTY BID NO. 06-4035 Separate sealed bids for the construction of Riviera Golf Estates Lake Interconnect -- Fleur De Lis Lane, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 1st day of September 2006, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 22nd day of August 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Riviera Golf Estates Lake Interconnect -- Fleur De Lis Lane, Bid No. 06-4035 and Bid Date of September 1, 2006. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers. FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the TPA#1953633.11 GC-PN-1 "~. r~ ~i. U Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 2nd day of August 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TP A#1953633. 11 GC-PN-2 10 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of hislher duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TPA#1953633.11 GC-IB-1 10/ location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. TPA#1953633.11 GC-IB-2 101 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the TPA#1953633.11 GC-I B-3 lOJ opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory.. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local Jaws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. TPA#1953633.11 GC-IB-4 101 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. TPA#1953633.11 GC-18-5 101 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major TPA#1953633.11 GC-IB-6 Ie. subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Awafd of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, andlor any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andlor firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual andlor firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA#1953633.11 GC-IB-7 101 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 ADDENDUM DATE: August 28, 2006 TO: Interested Bidders FROM:~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #1: Bid 06-4035 -- RIVIERA GOLF ESTATES LAKE INTERCONNECT FLEUR DE LIS LANE CLARIFICATION: - ITEM #1 - Permits: · Following is provided as clarification of the various Permits required for the project. This information is included on Drawing No.2 (general Notes), Item 5; Exhibit I on Pages GC-CA-I-9 through 30 and Exhibit K. · Collier County Right-of-Way Permit is to be obtained by the Contractor. The Plans have been reviewed by the Department of Transportation Right-of-Way Section. The Engineer shall provide the necessary signed and sealed plans for the Contractors use in obtaining the Permit. · South Florida Water Management District Noticed General Permit has been obtained by the County. A copy of the issued Permit is attached. The Contractor shall familiarize himself with all Permit requirements. No Dewatering Permit has been obtained. Contractor shall be responsible for obtaining a Dewatering Permit if this work will require one. · FDEP/NPDES Notice of Intent (NO I) for Stormwater has been obtained by the County. This NOI included a Stormwater Pollution Preventation Plan (SPPP). A copy of the permit, application and the SPPP is attached. The Contractor shall familiarize himself/herslef with all Permit requirements. Contractor shall be responsible for all monitoring, maintenance and reporting required by this Plan. If the Contractors methods of construction require a change in this Plan, helshe shall submit a request for change with appropriate documentation for review by the Engineer and County. Contractor shall be responsible for preparing the Notice of Termination for County submittal at completion of the project. 101 ITEM No.2 - As-Built DatalPlans and Record Drawings: · Following is provided as clarification of the As-Built DatalPlans and Record lJrawing requirements for the project. This information is included on Drawing NO.2 (General Notes), Item 4; Exhibit H on Pages GG-CA-H-8 through 9 and Exhibit I on Pages GG-CA-I-1. · Contractor shall be responsible for daily updating the plans to reflect As-Built conditions of the construction. Upon completion of the work, the Contractor shall have a Record Survey completed of the drainage structures and roadway areas. (To be completed by Contractors' Professional Surveyor/Mapper). The "Red-Line" As- Builts and Record Survey are to be given to the Design Professional who will incorporate this data and data provided by County and Professional into the Record Drawings. This information shall be submitted at substantial completion and prior to submission of the Final Pay Application. ITEM No.3 - Existing Condition Photo's are attached per Exhibit I, Supplemental Terms and Conditions (Page GC-CA-1-9) ITEM No.4 - Notice To Proceed will be issued to activate the Project, it will not be "Work Order Activated" as stated in subparagraph 5 of the Stormwater Management Department Project Specific Conditions. (Page GC-CA-1-9) ITEM No.5 - Revise Paragraph 2.01 A (2) Stormwater Pollution Prevention contained in Exhibit J, Measurement and Payment. 2) Stormwater Pollution Prevention: Measurement for Stormwater Pollution Prevention shall be by Lump Sum for the project. The work shall include but not be limited to, those operations to prevent any Stormwater pollution from occurring due to construction operations. This shall include installation of floating turbidity barriers, silt fences, straw bales and other best management practices, and their maintenance during construction and subsequent removal upon stabilization of the improvements. Contractor shall be responsible for those items identified in the FDEPINPDES Notice of Intent (NOI) and the Stormwater Pollution Preventation Plan (SPPP). The Contractor, if his methods of construction require, may modify this Plan upon review by the Engineer and County. Contractor shall prepare the Notice of Termination at the completion of the project for submission by the County. ITEM No.6 - Plans, Drawing NO.4 and 5: Contractor at his option may use HOPE or RCP for the replacement culvert. Contractor shall be responsible for any special anchorage or blocking required to prevent pipe from floating during back fill operations. REPLACE: Bid Schedule, Page GC-P-2: with the attached. Item No.7 has been moved from the Base Bid to a Bid Alternate. This item will be only used if necessary by actual field conditions. If you require additional information please call Val Prince, Project Manager, Transportation Department at 239/213-5879 or me at 239/774-8446 or bye-mail at brend ab rilha rt@colliergov.net. cc: Val Prince, TEeM David Schmitt, Q. Grady Minor ITEM REVISED BID SCHEDULE RIVIERA GOLF ESTATES LAKE INTERCONNECT -- Fleur De Lis Lane Bid No. 06-4035 DESCRIPTION QUANTITY UNIT 1 MOBlUZA TION/DEMOBILlZA TION 1 LS 2 STORMWA TER POLLUTION PLAN 1 LS 3 MAINTENANCE OF TRAFFIC LS 4 CULVERT REMOVAL/REPLACEMENT LS 1 5 PAVEMENT RECONSTRUCTION 1 LS 6 MISCELLANEOUS RESTORATION LS TOTAL Write Total Bid In Words: 101 ADDENDUM #1 UNIT PRICE BID ALTERNATE NO.1 1 6" WATER MAIN DEFLEC!IO.N (IF REQUIRED) 1 LS GC-P-2 F:\Bids\Temp Files\06-4035 Riviera Golf Estates\06-4035 ADD #1 Bid Schedule Page 1 101 . . STAFF REPORT DISTRIBUTION LIST COLLIER COUNTY RIVIERA GOLF ESTATES - LAKE INTERCONNECT Application No: 060713-3 Permit No: 11-02597-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Catherine Hawki.ns - 2261 X Errol Noel - 2261 X Edward Cronyn . 2261 X William Foley, P.E. - 2261 X C. Tears - 6861 X ERC Engineering - 6861 X ERC Environmental - 6861 X Fort Myers Backup File - 6861 X M. Soto-4240 X Permit Fire X Permittee - Collier County Stormwater Mgmt Dept X Agent - Q Grady Minor And Associates, P.A. GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 4 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X Florida Wildlife Federation - Nancy Anne Payton X Leonore Reich X S.W.F.R.P.C. X Water Management Institute - Michael N. Vanatta 10J STAFF REPORT DISTRIBUTION LIST ADDRESSES Q Grady Minor And Associates, P.A. 3800 Via Del Rey Bonita Springs FL. 34134 Collier County - Agricultural Agent 14700 Immokalee Road Naples FL 34120-1468 Divof Recreation and Park - District 4 - FDEP 1843 South Tamiami Trail Osprey FL 34229 Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section 620 South Meridian Street Tallahassee FL 32399-6000 Audubon of Florida - Charles Lee 1101 Audubon Way Maitland FL 32751 Leonore Reich 6955 Carlisle Ct Apt 205 Naples FL 33963 Water Management Institute - Michael N. Vanatta Po Box 6446 Vera Beach FL 32961 Application No: 060713.3 Collier County Storm water Mgmt Dept 2885 S Horseshoe Dt Naples FL 34104 Collier County Engineer Engineering Review Services 3301 Tamiami Trail Naples FL 34112 FDEP 2295 Victoria Avenue Fort Myers FL 33901 Florida Wildlife Federation - Nancy Anne Payton 2590 Golden Gate Parkway Suite 109 Naples FL 34105 S.w.F.R.P,C. 1926 Victoria Avenue Fort Myers FL 33917 Page 2 of 2 101 6:) SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE NOTICED GENERAL PERMIT NO. 11-02597-P DATE ISSUED: August 11,2006 Form #0941 08/95 PERMITTEE: COLLIER COUNTY STORMWATER MGMT OEPT 2885 S HORSESHOE OFl NAPLES, FL 34104 PROJECT DESCRIPTION: The construction of Culverts: Replacement of an existing 36-inch deteriorated culvert with a 48-inch culvert between interconnected lakes at Fleur De Lis Lane. The project is subject to the terms and conditions of this permit authorization and the specifications contained in Exhibits 1, 2, 3, 4, 5, 6, 7, and 8. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, SEC 17 TWP 50S RGE 26E Five years from the date issued to complete construction of the surface water management system as authorized herein. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 060713-3, dated July 13, 2006. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40 and 40E-400, Florida Administrative Code (FAC.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is.in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 13 General Conditions (See Pages: 2 - 3 of 4). 3. the attached 2 Specific Conditions in section 40E-400.439 (See Pages: 4 - 4 of 4) and 4. the attached 8 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "No 'ce of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list 0 er than 5:00 p.m. on this 11 th day of August, 2006, in accordance with Section 120.60(3), F t te BY: William Fole, . . Sr Supv Engineer Lower West Coast Service Center Certified mail number 7005 1160 0001 67034667 Page 1 of 4 10J NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial reView, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or' appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is govemed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearinq: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.201 (2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearinq: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. stat. (1997), the person named in the Administrative complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. Revised August, 2000 d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511 (3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.1 09(2) (c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emerqencv Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing .or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emerqency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat, for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice. through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E~1.511 (2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511 (4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat, which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111 (3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any. concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining ~arty may then file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7, Pursuant to Section 373A33. Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system. darn, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. Revised August, 2000 101 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat.. a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code. a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001 (4) (a) , Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD deveiopment order (as that term is defined in Section 70.51 (2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51 (4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are or may be, affected by the SFWMD's action may choos~ mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not. .result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201 (2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose -of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the fOllowing information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Revised August. 2000 101 (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citatIon to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance o.r waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known: (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for selVice purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, . administrative complaint, or other communication that the party has received from the agency. 42-2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of seNice showing completion of service as required by this subsection shall be a requirement for a determihation of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; Revised August. 2000 101 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; Cd) If review of an order is being sought, whether and . how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the revievJ, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action. the agency shall summarily suspend, limit, or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule. the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569,120.57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. 101 Application No. 060713-3 Page 2 of 4 GENERAL CONDITIONS 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions, and shall be applicable to, and are binding upon the permittee for all No Notice and Noticed General Permits in this Chapter. These conditions are enforceable under Part IV of Chapter 373, F.S.. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity . and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. This general permit does not eliminate the necessity to obtain any required federal, State, local and special District authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit and this Chapter. 4. This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida statutes and District rules. 5. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permitee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 6. The general permit may be modified, suspended or revoked In accordance with Chapter 120, and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Section 40E-4.351, FAC. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 8. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. .. 9. The permittee shall maintain any permitted system in accordance with the plans submitted to the District. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of 5 years. 11. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of State water quality standards, including any antidegradation provisions of Section 62-4.242(1 )(a) and (b), 62-4.242(2) and (3), and 62- 302.300, FAC., and any special standards for outstanding Florida waters and outstanding national resource waters. The permittee shall implement best management practices for erosion, turbudity, and other pollution control to prevent violation of the State water quality standards. Temporary erosion control measures such as sodding, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within 7 days of any construction activity. Turbidity barriers 10, Application No. 060713-3 Page 3 of 4 GENERAL CONDITIONS shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shalf correct any erosion or shoaling that causes adverse impacts to the water resources. 12. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Application No. 060713-3 Page 4 of 4 SPECIFIC CONDITIONS 40E-400.439 General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings and Bridges of Artificial Waterways. 1. The permittee shall stabilize fill areas and waterway banks disturbed by the activity by revegation or rip rap within 72 hours of completion of construction to prevent erosion, siltation or turbid runoff into wetlands and other surface waters. 2. If dewatering is .performed, all temporary fill dikes and dewatering discharges shall be installed and constructed so that no upstream flooding or impoundment occurs and no siltation, erosion or turbid discharges into wetlands or other surface waters occur in violation of State water quality standards. Any temporary works shall be completely removed and all areas upstream and downstream from the crossing shall be restored to the grades, elevations and conditions, which existed before construction. 101 ?~~ ~! f~ ~;!<, C..,~::;:~~ ~ t:J:V"ro;:VJ.I:M:I\ru\lJ.t:K"N. U\.X..r Cl^' ~\UWllY\.A-K.l:I"'\u.'UOr'U'U.ru:.y .UVYU, O/~Q{LlJVQ "T...or.. . W ....1, \\~'OIII:l<>l"o;:l\,^'-"-'I.IV1 ~~~~ ~~r ~.J tHe'" _ ~ ~i l;l , ~ ~ ~U~ l!.f~ ~J~i if~ .' ;r. " "~ . .", i ~.p IIj I R ~ III ~I~~ ~ c,t J~i r;o ~ Ih ~~j~ ~ .!i :!~m ~ It~ i! 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'\ ,', lJ ,. ,i ..L. ~ ~":. , :':. ;'.J I<~ C \ \. .;/it-. -': ,.1 ('" \..- -::::-:==:.:' '\.... - - <'\,.,,==.~,,;{~"-- -...<!!:-' E~.1 fit)) ": (~?i ,/ : .,/ () 2886 , fi;/~~;' /': I: \;~<\:t:,; _"._)b0~J ..L ~ .' :.:::.::~'~.:t~..." ;' .... !30 , '\\" ii ,.' 5',.... ~ ~ ~.,;.~"'"~ I I) ! - .. J':;:;' ':~I~::~::~<; 1------' _ -==-~--~~ " -r (:'-' 1\ ....- -.....,. /.!, .-'" . ./' , /2? 101 '3 " ;( D-epartment of lS:nrirtlftmentaIP'f!Qtectlon J$BUSh . (;<>vernot August 15,2006 t\;y,in T6~ers -Pffl'~~ a9iiding .~qPO' ~I~ir si:~.n~, RQ~~:l Tallahassee; .FI6tidati'~9.lj)400 <tqll~(l#:q~~I}e: ~t3ry Val Prince Conier Cduntynransportation'Diliiskmconfer Cou 28858 Horseshoe Dr Naple$,'P"L ~41:04 RE:. Facility:fOiFLR10t)J_9g. Rivre,r;ai~olff~ta~~s,-.bais:e JntefC,onnect * f=leur De ApproxlrnatelYi165'feet sol:Jtnefrly'Jroli1 the interseo 9rqn.i3.Jl9m~f!n~~Iy:g#!i1'9';Fr~l,if IJ$J..IS Lane - Naples, Fl.:,,34112: D.e~r'P:ermJft~~;-:. Th'e fJqM9-~iP~Hg~~t!.rM ~Hyi~9r}m~rjt9lf?f(;)~~li~,j(m h~~'t~9~lY~9 !'I,l1g.J)rdc~~~E?d YfifJt/y<jfiq?/pf: Interit.ro_.(js~:,.fP,(jf!{fJ/YcPf#m't:@i;-SrormwaterO!s.9hargf;}(om .Large. am(;/:.SmailCClnsfitJcltot:i,#.ritt!iitlks, (NOI)'aod .theiaccompanyln~ pr,Qces.slng;fee. . This"letterserv.esloatknovilledge th$'t yq9(N,~r!~', comt>let~'.,V~~tf~~ i~,paid~ii!t'ff~11,{,a'Rd::y.9\irproject'ls ~ov$re~.prt9~i".~h~ '~i~riedq .rJ.~rjI)j(~f(<<9tJ.Y'~' . At.! gu~t Q~.;~O.()6. Yq\,Jr 'C9V€lr,ag~. .undertoe g~neriG pe,rroitwill~xpire. August: 68, ~2Q,1if. ",." .."" '.-, '-. Th$'Ge,qfJfi~P~tii1ltfqf$tqriJNf{jff$tDJ.rs,OlfiJ,gfJ' from, Large '.iii(([Sfn~lrG9nistruqli9h AqflVi((~$'t{t~~) ~a$' i~~u~~VP9~r:the;Pfo"i~!q~S~f;;$~,q:t,I9.o.40a~ 01389; . Fl!?rJ~;:l$,t~tuJ~s'>c:ind_ appfiOClbii';i:ro.le:s_Qf:f6e Rodda. AdrninisttatiVeGode-, Untilithe'.CGPisterminatE!d; mbdjfi~d: or' revoked; ..p~rn'1tt~e:e::r:i~tJ~t ~ve .prQRerl:{9,b.l~!h'&<!:c,6V~riig:~~ti(j_~r Ihi~'p~rmitare .authofj~€!'(ttp. d.is't~r:!?liiMd;.to-GClnstr4pr'~qg,~jj,er~t~ fa ~iIiHE;}$.. ahp' to dlsch~rg~t\J'$u.ff$Qt;'lwilfi?rs.in HGcorcf<llJ.ce withtn~ter:msandcQndmor:)s'(j.fthiS permit Your ptQIQc~jd&iltifJ<:;atipi1 "l,Imber,j~':El..rt101jJ!}B, Preas_e'ITIake.:r~ferenceitothis rrumbemortalt future.' botrespohdeii(;e" iiicludirig....atiybi1eckslnadeoutt(ytheD€!l?'~r1Oie~t~ 1'!l,i$,..IE1ttgt!~:p,qtr:p.4r..p~Im,jJ, "Y9",lJr.t::t~I;:~J~p\',f~you.to.PtOC~~q with .CQI1$:tructlonby'coml!iiyll1_~ with the Cep{DEPDaClJrtrent NCt.,62~62c1.300(4)(ifl)).:a copy' of Which You:rii~Y obtaih:oqltrj'e. ?t. htf'WwwwJjfr~state:..fI.'us1Wafeilsfoiit1watetfn .. dif 16011' fuclio'.:lhi '.orb'.. cdift6tfn .jbe .,..R..,-,..., .._....,,,.,..,,1;, ,...,.........".., .--,',._...'.,...._w..'-..,.-....,....-..,.........,_.. p- ,.:$.-.... ~.r.",...,_,._ JL.~_.. _1'0.... . Y ,...,.)'t....,g ..'^ N P,DE2$:$tprmwater No.fj~::Qe.rit~r. . _Kf3}i.8.tf{y,i~i9ij;* i?f l['i~.Mtm\t ~t~ (1)i9:ip!~m~i:i~~i,q99fy8Qris..!.9r,~W~~.~~(;PQJ1~tjQ8 pr~~ti~19.rnJ;1I.an; ($VflPPP):tlia,tw$.s.requitedtq .pe cf~.ve,lppeq prior to NOt::sl.I.b.mittaJ; (ZJ'~nd(rc~tingalid:db-Cdh1ehtihg; r6ut1riej'dsg.ectlon~!as'(equlretroy4liEfpei:mlti 'arid:(3) retention 6f:re.e6~~r~q.4jr-E:(~~Xim~ p~tftljt~: ..' jh,C!9~i.~'g;t~~Dti.Qr;~f'~.-t;~pY'?ft@c~~pp~.at}q~ 0h$~'t{ctio!i' sjt~; R:r'!~,t'~H;~lt~nJ~rrv~,lq~tipna& sp~!f1e<;t:f)l )(Ql:1f NPI,fromthe/da te. 'Qfprolect .lnltlatlon to'the date\offlna[ slte.s tab I ItzahOt:l, "i'Moi'~. Pr'<<l).ciiop"Le~~!p:(()~;;: 'f~j*~qn '~p;ap.;!, . ..t.~"~~~'-"<<",,,u '''....'~..,., . .-:1 .' ..... "J '} i ~ ,~ I t 1 nU.' fi J. ~ ~ Fa.GilltYID: FLRtQOJ9s' Au~ust 15; 2:000' IfyourflrojecpNm:qQBtinl.1~ Qis.6h~r.glh.9~stQrmwatera$Soc;iatedWith.construGtion. ac.tlvityb.Glyond tl5<pltation oftf.IEl.current coverag~i reqoestTbrcontinued coverage shall be madebY"fillrlQ..~t CRrppleted !'lQI~t le~$.~2 d~Y$;9~1!;I,i*.~Xp'il*tipn gfth$. C,~WHt<#:.\verage period,I{':;Y.9Y. qiS,C;!Jhtirj9~ . d[~charg it19 st0f1:nwpterasso~"te.d.wifucQnstructlon activity,ot ot,herwise . qualify tq.discqritinue . cbveta9E!ui'rdertheCGP; YdiJ:ltr~~lerrhinate.'petmiLcoverage Qy,fi\ln~a Notice 6(ielttJiitatrOh:tlf G'~nerto PeiftjjfCqyer$:ge (NQT):. . Ifyouhave>any, qUe$tions ccmcett'llllg this':ack:rlowledgmentleHer; please contact the NPOES $tClrihW:;tI~i' ~Otr~s'celit~r atIa9P};~$~~~~1?O:t. (850 )297;.1232~. GERTIF'rdAtE: OFSER\fICE THE; [)NO~R:$I~NE:O. H,~~yqI;Rorfl::J,S$Jti$tthefqrE:l,9Q!ng Fl9kno'/,'ll?dgmentof (;Q\I~rpg~');It;)Q~r tlie Cdnstructloh-Geneii~f'emTit:~'utej~2J.62;1.~OO(4). FAd., ~as>:mailed by..:Scisnc;e.Appllci1tton:s. Intem;:iti9f1?I.~br;Pqr,a.ti~m *,9tkI~Q .4r;t,~J;ltFDpF)"~ntl'acf.~~mb~rVVllif788i on. ~hCl~:br:~~.~'q~d~: Departmentxitl;EtlvirOriiTlebtal Pro'~tiqn.,otdbe;date iriclicate<;\belQw via the Uriited$~$Jas. l?o$t~1 SaMes. iJ." :~ ,. .f;A.... " .~ ..... .... . .~;. ,.., ,.".,'....':......" .,:..'.... ,-.... ,..,....-.." - . . · ame 8/15/2006 Dale 101 -}/ .:/ . . '"i ... NOTICE ,OF INTENT TO USE. GENERIC PERMIT FOR STORMW ATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-621300(4)~ F.A.C.) This Notice of Intent (NOl) form is to be completed and submitted to the Departmellt before use of the Generic.Permit for Stormwater Pischarge From Large and Small. Construction Activities provided in Rule 62-621.300(4), F.A.C. The type.of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverag~ are specified in.the generic permit document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule 62-4.0S0(4)(d), F.A.C., shall be submitted with this NOr in order to obtain permit coverage. Permit covera!!"e will not be l!I"anted without submittal of the appropriate eeneric permit fee. You should fumiliarize yourself with the generic permit document and the attached instructions before completing this NO! fonn. Please print or type information in the appropriate'areas below. I. IDENTIFlCA TION NUMBER: Project ill n. APPLICANT INFORMATION: A. Operator Name. cQme.- CaoJ't\" ire,,) ~Qrt.a ""'"' DI'" i.,~. Co I \l~... Cou""..... . S1U~we~'~ ~ R Address: ~e~S Sov~ HOr'd\1~<. O.-tV'.. C. City: Hc~ ~~ J D. State: Fl. / E. Zip Code: '3 '1'-1 0 '\- F. Operator Status: G. Responsible Authority: V Q \ Prfna.. , Pr-CTICC.t lvt~... M II. Phone No.: "Z '?tC\-" 4 .. e l q'Z. m. PROJECI'ISITE LOCATION'INFO~TION: A Project Name: 2 ""EltA G.o<..F' e 11")l.f"e") <A\CE: ,t..! ren.c. O,,",NE'T _ 1='~e:Vllt o'e 1.1,s (.Awl: B. Project Address!Location: ~(~"'tr()C:-W4)' - Cc)\I\(r' C C) VO'\ r., . , C. City: N Cl.pl.e,) I D. State:A.. 1 E. Zip Code: 3411 '2. F. County: Co\\\er /' G. Latitude: 21. 00(' " Longitude: al o 44- ' " H. Is the site located on Indian lands? Dyes ~No / 1. Water Managenient District SC::WNlP J. Project Contact. "0.' Pdt\c<. , PrC/(ut MoSt. I h 'Z'aq. "114 - K. P one No.: : Blq'Z. DEP Form 62-4i2I.300(4)(b} Effective May I, 2003 Page I of5 101 , .' -i n'. PROJECT/SITE ACfIVITY INFORMATION: , tJ Large Construction (Project will disturb five or more acres ofland.) .~ Small Construction (project will disturb one or more acres but less than five acres ofland.) , . '2. t Acres o Other address (specifY below) D. SWPPP Address:, E. City: F. State: G. Zip Code: r ,,' : ~". ~.: :1'~ L.t ~)r "=I'_"";:C"'.: ~'",i,,l~~...~ .' ~ ~. ~ ~ ~ ~ ~. .. . . ~.- ~ - Start Date: f'AU. 1.00(, Completion Date; P/kf.-c.. '2.00 c..- v. DISCHARGE INFORMATION A MS4 Operator Name (if applicable): eO U,..I ElL CUVH fI1 . . . €..hhn) SN""'W6lU ~...~""'" WI*'" ~..,u:.,..,c.~ d.J'~"s.-. B.ReceIV1ngWaterName. 't'Cll 110h"\~..nclc.r Ken'\m,,~ c.c.."., VI. CERTIFICA nONl: r certify under penalty of law that this document and all attachments were prepared unqer my direction or supervision in accordance with.e: system des,igned'to assure that qualified .personnel properly g~ther and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly resp'onsible for gathering the information, the information submitted is, to the best of my knowledge and belie~ true, accutate, and . complete. ram aWare'iliat there are Significant penalties for submitting false information, including the possibility affine and imprisonment for knowing violati'Ons. : f~'~~~-,,;' ~~,. ; ~~~~~~;:;T~:;~~f~:~(:i::~~~'-:.~:-)':-;;~'~;'" ~~ SIgnature: ' 7/z.9~~ Date Signed: I Signatory requirements are contained in Rille 62-620.305, F.A.C. Page 2 of5 DEP Form 62-621.300(4)(b) Effective May I, 2003 (l F- I ~.~ 'v "-.j . INSTRUCTIONS -fiEP FORM 62-621.300(4){b) NOTICE OF INTENT (N0l) 'to USE GENERIC PERl\fiT FOR STORMW A TER DISCHARGE FROM LARGE' AND SMALL CONSTRUCTION ACTIVITffiS Who Must File an NOI: Federal law at 40 CfR Part 122 prohibits the point source discharge of pollutants, including the discharge of sto~water associated with large construction activities as defined at 40 CPR 122.26(b)(14)(x) or small construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a National Pollutant Discharge ElimiilationSystem (NPDES) permit. Under the State of Florida's authority'to administer the NPDES stormwater program at 403.0885, F.S;, operators that have stormwater discharge associated with large or small construction activities to surface waters of the. State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62-621, F.A.C., or an individual permit issued pursuant to Chapter 62-620, F.A.C. Where to File NOI: NOIs for coverage under this generic permit must be sent to the following address: NPDES StormwaterNotices Center, MS #2510 Florida DePartment of Env#:onmental Protection 2600 Blair Stone. Road Tallahassee, Florida 32399-2400 Pennit Fee: Permit fees for large and small constIuction activities to be covered under the generic permit are specified in Rule 62- 4.050(4)(d), FA.C. The appropriate generic.permit fee (either for large 9r small construction activities) must be submitted along with the completed NO! in.order to obtain coverage.under the generic permit Generic permit coverage will not be granted without payment of the appropriate pennit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental .Protection" Part I - Identification .Nnmber Enter the project's DEP identification number (generic permit coverage number) iflmown. If-an ill number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part II - Applicant Information Item A.: ProVide the legal name of the person, llrin, con~tor, public organization, or other legal entity that owns or operates the construction activity descnbed in this NOl. The.opemtor is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. - 8.: Provide the complete mailing address of the operator, including city;state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 ~ Other DEP Form 62-621.300(4)(b) Effective May I, 2003 Page 3 of5 -/. 1"1''\, -w , . Items G. - H.: Provide the name and telephone number (including area code) of the person authorized to submit .this NO! on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company onbeha:If of the operator, Smith Construction Company; 10hn Doe, Publie Works Director on behalf offue operator, City of Townsville; etc.). This should be the- same person as indicated in the certification in Part VI. ' Part III - Project/Site Location Information Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project. Do not provide a P.O. Box number as the street address. Ifit lacks a street address, descnbe the project site location (e.g., intersection of State Road I and Smith Street). Item F.: Enter the county in which the project is located.. Item G.: Enter the latitude and longitude, in degrees~minutes-seco~ds format, of the approximate center of the project. Item H.: Indicate whether the project is located on Indian lands. Item.!.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: ' NWFWMD = Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District ,SWFWMD = Southwest Florida Water Management District SJRWMD = St. John's River Water Management District Items J. - K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this'NOI, and who can be contacted by the Department if necessary. Part IV - Project/Site Activity Information: Item A.: Check the appropriate box to indicate whether the project involves large construction activity or smaIl construction activity~ Cb,eck one box only. "Large Construction Activity" means construction activity that re'sults in the disturbance offive (5) or more acres of total land area. Large construction activity also includes the disturbance ofIess than five acres oftotaI land area that is part ofa larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small, Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance ofless than one acre of total land area that is part of a larger.common plan of development or sale that will ultimately disturb equal to or greater than one -acre 'and less than five acres. Item B.: Provide the approximate total area of land distuibance in acres that the project will involve from commencement of construction through completion. Items C. - G.:: IndiCate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed.. Provide the address where the SWPPP can be viewed if other than as provided in Parts IT or III of the NOI. Note that to be eligible for coverage under the generic permit, ,the SWPPP must have been prepared prior to filing this NOI. Item H.: Enter the estimated construction start and completion dates in the :M:M/DDIYY format Page 4 of5 DEP Form 62-62I.300(4)(b) Effective~I.2OQ3 101 - f. Part V.-Discharge fnformation ;Item A.: . If stqrmwater from the project discharges to a municipal separate storm s~wer system (MS4), enter the name of the operator of the ,MS4 (e.g., City of TallahaSsee MS4, Orange County MS4, FDOT MS4, etc.). If stormwater froIll:the project dOes not disc4arge to an MS4 but rather dischaiges to surface waters oftlie State, leave this item blank or illcijeate 'WIN' and skip 10 Item B of this part. Please note that if the project discharges stormwater to an MS4, you must ,provide the MS4 operator with a copy of the cC)mpleted NOI. Item B.: Ifthepioject discharges stormwater to surfuce waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the. stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.). Part VI - Certification Type or print the name arid official title of the pers~n signing the certification. Please note that this should be the same person as indicated ~ Item lI.G. as the ResponSIble Authority. Sign and date the certification. Section 403; 161, F.S., provides severe penalties for submitting false information on this application (NOl) or any reports or records required by a permit There are both civil and crimiriaI penalties, in addition to the revocation ofpemiit coverage for submitting fulse information. . Rille 62--620.30~, F AC., requires that the NOr and any reports required by.the permit to be signed as follows: A For a corporation, by a responsible corporate offiCer as descnbed in Rule 62-620305, FAC.; . .R. For a partnership or sole proprietorship, by a genej:aJ paz1ner or th,e proprietor, respectively; or, C. For a municip~o/, state, federal or other public facility, by a principal executive officer or elected official. Page 50f 5 DBP Fcrm62-621.300(4)(b) Effoctivc May 1,2003 101 RIVIERA GOLF ESTATES LAKE INTERCONNECT - FLEUR DE LIS LANE CONSTRUCTION POLLUTION PREVENTION PLAN Project Name and Location: Riviera Golf Estates Lake Interconnect - Fleur De Lis Lane Section 17, T 50 S, R 26 E Naples, FL 34104 Owner Name and Address: Collier County Transportation Division Collier County Stormwater Dept. 2885 S. Horseshoe Drive Naples, FL 34104 Description: (purpose and Types of Soil Disturbing Activities) TIlls project will consist of the. replacement of an existing roadway culvert that interconnects two lakes which are part of an overall Stonnwater Management System. Soil disturbing activities will include: installing a stabilized construction entrance, perimeter, and other erosion ahd sediment controls; removal of existing culvert and retaining wall; installation of replacement culvert and headwall and final restoration planting and seeding. Site Area: The site is approximately 2:!: acres of which the entire site has previously been disturbed by construction activities. Sequence of Major Activities The order of activities will be as follows: 1. Install stabilized construction entrance. 2. Install silt fence. 3. Remove existing culvert, headwalls, pavement, etc. 4. Install replacement culverts, headwall, pavement, etc. 5. Complete grading and instaIl permanent seeding. Name of Receiving Waters: The entire site will drain into the existing Riviera Golf Estates water management system as pennitted previously by SFWMD. The site eventually discharges to the Rattlesnake Hammock drainage canal. 101 Controls Erosion and Sediment Controls Stabilization Practices Temporary Stabilization - Top soil piles and disturbed portions of the site where construction activity temporarily ceases for at least 21 days will be stabilized with temporary seed and mulch no later than 14 d~ys from the last construction activity in that area. The temporary seed shall be Rye (grain) applied at the rate of 120 pounds per acre. After seeding, each area shall be mulched with 4,000 pounds per acre of straw. Permanent Stabilization - Disturbed portions Qf the site where construction activities permanently ceases shall be stabilized with permanent seed no later than 14 days after the last construction activity. The permanent seed mix' shall consist of 80 Ibs/acre. After seeding, each are shall be mulched with 4,000 pOlll1ds per acre of straw. The straw mulch is to be taken into place by a disk with blades set nearly straight. STORMWATERMANAGEMENT Stormwater drainage will be provided by sheet flow to the existing Water Management Areas. OTHER CONTROLS Waste Disposal: Waste Materials All waste materials will be collected and stored in a securely lidded metal dumpster rented from the local Waste Management Company, which is a licensed solid waste management company. The dlUTIpster will meet all local Center City and State solid waste management. regulations. All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied as necessary. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the office trailer and the individual who manages the day-to-day site operations will be responsible for seeing that these procedures are followed. Hazardous Waste All hazardollS waste materials will be disposed of in the manner specified by local or State' regulation or by the manufacturer. Site personnel will be instructed in these practices and the individual who manages day-to-day site operations will be responsible for seeing that these practices are followed. 101 Sailitary Waste All sanitary waste will be collected from the portable units a minimum of once per week by a licenSed sanitary waste management contractor, as required by local regulation. Off site Vehicle Trac~ng: A stabilized construction entrance will be provided to help reduce vehicle tracking of sediments. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLSIMEASURES As indicated in the Sequence of Major Activities, the silt fence and sediment will be constructed prior to clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent seed and mulch as soon as possible as required by the Florida Stormwater Erosion and sedimentation control manual. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS The stormwater pollution prevention plan reflects SFWMD requirements for storm water management and erosion and sediment control. MAINTENANCEIINSPECTION PROCEDURES . Erosion and Sediment Control Inspection and Maintenance Practices These ~e the inspection and maintenance practices that will be used to maintain erosion and sediment controls. . All 'control measures will be inspected at least once each week and following any storm event of 0.50 inch or greater. . All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report, but in no case later than 7 days. . Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. . Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. . Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. 101 · A maintenance inspection report will be made after each inspection. A copy of the repo~ fonn to be completed by the inspector is attached. · The site superintendent will be responsible for inspections, maintenance and repair activities, and filling out the inspection and maintenance report. ~NTORYFORPOLLUTIONPREVENTIONPLAN The materials or substances listed below are expected to be present on site during construction: . Concrete · Pre-Cast Concrete Fertilizers-Petroleum Based Products Road Construction Materials SPILL PREVENTION Material Management Practices The following are the material management practices thatwilI be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeenine: The following good housekeeping practices will be followed on site during the construction project. · An effort will be made to store only enough product required to do the job. · AIl materials stored on site will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. · Products will be kept in their original containers with the original manufacturer's label. · Substances will not be mixed with on another unless recommended by the manufacturer. · Whenever possible, all of a product will be used up before disposing of the container. · Manufacturer's recommendations for proper use and disposal will be followed. · The site superintendent will inspect daily to ensure proper use and disposal of materials onsite. 101 IJazardousProducm: These practices are used to reduce the risks associated with hazardous materials. · Products will be kept in original containers unless they are not resea1able. · Original labels and material safety data will be retained; they contain important product information. . · If surplus product must be disposed of, manufacturer's or local and state recommended methods for proper disposal will be followed. Product SDecific Practices The following product specific practices will be followed OllSite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Fertilizers: Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealed plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and local regulations. Concrete Trucks: Concrete trucks will not be allowed to wash out or discharge surplus concrete or drwn wash water on the site. SPILL CONTROL PRACTICES In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup: 101 · Manufacturer1s recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of .the information and cleanup supplies. · Materials and equipment necessary for spill cleanup will be kept in the material storage are onsite. Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves, goggles, kitty litter, sand, sawdust, and plastic and meta1trash containers specifically for this pwpose. · All spills will be cleaned up immediately after discovery. · The spill are will be kept will ventilated and personnel will wear appropriate protective clothing to prevent injwy from contact with a hazardous substance. · Spills of toxic or hazardous material will be reported to the appropriate State or local governmental agency, regardless of the size. · The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. · The site superintendent will be responsible for the day-to-day site operations and will be the spill prevention and cleanup coordinator. 101 POLLuTIoN PREVENTION PLAN CERTIFICATION I certify under pet1alty of law that this document and all attachments were prepared under my direction or superVision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who will manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my ~owledge and belief: true, accurate, and complete. I am 'aware that there are significant penalties for submitting false information, including the possibility offine and imprisonment for knowing violations. . Signed: David W. Schmitt, P.E. Q. Grady Minor & Associates, P .A. Date: 101 . > RIVIERA GOLF ESTATES LAKE INTERCONNECT - FLEUR DE LIS LANE CONTRACTOR'S CERTIFICATION I certifY under penalty of law that I understand the tenns and conditions of the general National Pollution Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature: For: Name: Address: City, State: Phone: Responsible for: General Contractor Signature: For: Name: Address: City, State: Phone: Responsible for: Temporary and Permanent Stabilization Signature: For: Name: Address: City, State: Phone: Responsible for: Stabilized Construction Entrance, Earth Dikes, Sediment Basin 10 RIVIERA GOLF lJ;STATES LAKE INTERCONNECT - FLEUR DE LIS LANE . STORM WATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM TO BE COMPLETED EVERY 7 DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT OF 1.0 INCHES OR MORE INSPECTOR:. INSPECTOR'S QUALIFICATIONS: DATE: DAYS SINCE LAST RAINFALL: AMOUNT OF LAST RAINFALL INCHES ST ABIT..IZATION MEASURES DATE SINCE DATE OF AREA LAST NEXT STABILIZED? STABILIZED CONDmON DISTURBANCE DISTURBANCE lYESINO) WITII STABILIZATION REQUIRED: TO BE PERFORMED BY: OR BEFORE: 10 ~RA GOLF ESTATES LAKE INTERCONNECT - FLEUR DE LIS LANE STORM WATER POLLUTION PREVENTI;ON PLAN INSPECTION AND MAINTENANCE REPORT FORM SEDIMENT BASIN: CONDffiON OF BASIN SIDE SLOPES ANY EVIDENCE OF OVERTOPPING OF THE EMBANKMENT? CONDffiON OF OUTFALL FROM SEDIMENT BASIN MAlNTENANCE REQUIRED FOR SEDIMENT BASIN: TO BE PERFORMED BY: ON OR BEFORE: 101 .. I" - RIVIERA GOLF ESTATES LAKE INTERCONNECT - FLEUR DE LIS LANE STORNnNATER POLLUTION PREVEN710NPLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZED CONSTRUCTION ENTRANCE: DOES MUCH SEDIMENT GET TRACKED ON TO ROAD? IS TIIE ORA VEL CLEAN OR IS IT FILLED WIlli SEDIMENT? DOES ALL TRAFFIC US"E TIIE STABILIZED ENTRANCE TO LEAVE TIIE SITE? IS TIlE CULVERT BENEATH THE ENTRANCE WORKING? MAlNTENANCE REQUIRED FOR STABILIZED CONSTRUCTION ENTRANCE: TO BE PERFORMED BY: ON OR BEFORE: 10 . t' RIVIERA GOLF ESTATES LAKE INTERCONNECr - FLEUR DE LIS LANE STORMW ATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUlRED TO 1HE POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: I certifY under penalty of law that this document and all attachments were proposed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knoWing violations. SIGNA TORE: DATE: 101 . ... t '., RIVIERA GOLF ESTATES LAKE INTERCONNECr - FLEUR DE LIS LANE STORMW ATER POLLUTION PREVENTION PLAN INSPECI'ION AND MAINTENANCE REPORT FORM: CHANGES REQUIRED TO 1HE POLLUTION PREVENTION PLAN: REASONS' FOR CHANGES: I certifY under penalty of law that this document and all attaclunents were proposed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. SIGNA TORE: DATE: 1 0 g~ u.~ :c :~ ~ , 4 VI} r.-:J l ! ;.(. III 3 I \l1 :1 w .ca 101 :.--~,:'.~ Q. G.RADY MINOR & ASSOClA'tEst P.A. cmI J!:ngineers.. T ...niI Surveyors _ Planners. 380D Va Del Rey BonitaSpringS, Florida 34134' ~9) 947..1144 . FlU: (239.) 947.0375 Emall: engfDeering@gradymlnor.eom. En.~neeri~~Certifialte of AlJtborlzalioo: E:80005151 81045' (26<JOOm-E. 26007'30" DATE: Juc..'1. l'2.tu)Oc,.. PROJECT: ta""l~ 4o.~'" . l.all (...A.we PREPARED BY: 1)\0'1)' cc U 2.~ FLI;.v" O~. '27 ~28 8 7~ ,I. I ..1--~~~. lL='~i Ii Ii iI i; . :vi C Q "'...,.., BAftM :: 17 " I i :: " '9 II II " g~Tf&..E"d~~!i , \i,~htr~ OC ::'-''Jf~~~~ @) .9 ZSS9000m.N. .... .--.. .. --.- - u.... --- I] '~~=,~.~._~f4~t#c:r [ Sl~ ~ I Ij cou 'i I.,i, !: il Ii.::, I~.-.,= , , j. t~== :r lJ =J 'I II 11 Ii Ii !! GOLF ,.......... ". -) 20 -"",. ....... ....,. ..... .- ,lJ ) ,. ) ,., .....' I ; (~ ( .) LJ (.~"/' ., '/, ..' ~ " ,.. t'"" \.' ...",.. 1 (~i.f f. i ,,/ ..~.;..:.;:.._::}...../. (..J ~'(I~~' .. 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Un~ q~' ~ !t.{iN ~ ; :~:l'I~:Ji ~ l,tl,.1) , I'I1!im ,'--- - - I::!\ .-......... \C,J ~ ~ f ; j I ~ ~ q ~ ~ ~ i I ~~~3 ~~l!!_m. ~"!il ~fti gjB~d~~a ~~~~I~h BF.~~~ dlx~. ~o 0 hi ~ i f rl h: HI !j)! 'II 'inll i!e {I If i.j l;~ llij 'It ih.l I fi 'II IIi' 11, U !If flU iJII!jj :1, 'I f:~ If," Ii: :ai ilf .. "'.. ~... !l II if t' ~ ij n ~ ! ~ J 2 II !: ~. !H ~ " I I' ~h .' J ~ f lr I ,I -p ~ ! ~'fliH ~ {II! ~lf ~}t .' I I ~ l"! !. ~ ! , ! Ii <) - . Q ~ t !OOOS1li~\\'w.J Lf:9Q:i- 9(.(JZhZ/9 '9,\\C1.^::rH-nJ1....lQm)\-!:n+-'{\~O\QI'>:iIO...nn.<.\ \..i':>nTAr...r~C\.ln_rr.w..l\.t'\ ORIGINAL 1l 0 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Riviera Golf Estates lake Interconnect -- Fleur De Lis Lane BID NO. 06-4035 Full Name of Bidder Quality Enterprises USA, rne. Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406 Place of Business Same Telephone No. 239-435-7200 Fax No. 239-435-7202 State Contractor's License # CBCA57231, CUC057398 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number 1 Date Issued 8/28/06 Contractor's ~ Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. TPA#195363311 GC-P-1 Quality Enteprises USA, Inc. 1 C: ADDENDUM #1 ',. REVISED BID SCHEDULE RIVIERA GOLF ESTATES LAKE INTERCONNECT -- Fleur De Lis Lane Bid No. 06-4035 ITEM DESCRIPTION QUANTITY 5 PAVEMENT RECONSTRUCTION 1 UNIT UNIT PRICE LS $ 11.250.00 LS $ 3,125.00 LS $ 3,750.00 LS $ 62.500.00 LS $ 13.750.00 LS $ 14,375.00 TOTAL .-J;108,750.00 MOBILlZA TION/DEMOBILlZA TION 2 STORMWATER POLLUTION PLAN 3 MAINTENANCE OF TRAFFIC 4 CULVERT REMOVAL/REPLACEMENT 6 MISCELLANEOUS RESTORATION Write Total Bid In Words: One Hundred Eight Thousand Seven Hundred Fifty Dollars and Zero Cents BID ALTERNATE NO.1 $ 11,250.00 6" WATER MAIN DEFLECTION (IF REQUIRED) LS GC-P-2 C:\Documents and Settings\mcohen.QE_FLlLocal Settings\Temporary Internet Files\OLK186\06-4035 ADD #1 Sid Schedule Page 1 101 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL 1. 2. 3. HDPE Pipe Concrete Structures 4. 5. Dated 9/1/06 BY: TPA#1953633.11 GC-P-3 MANUFACTURER Hughes Supply Hanson Pipe Quality Enterprises USA, Inc. Bidder ty, Vice President 101 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior . written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address 1. None None 2. 3. 4. 5. Dated 9/1/06 Inc. BY: Vice President TP A#1953633 11 GC-P-4 '0; .. dE" . ~ STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. East Quadrant Aircraft Storage Buildings Naples Airport, Florida Phil Norris City of Naples Airport Authority 239-643-1943 2. Rental Car Wash Facility Naples Airport. Florida Phil Norris City of Naples Airport Authority 239-643-1943 3. District III Sidewalk & Drainage Improvements Marco Island. Florida Angelo Ubertaccio City of Marco Island 239-389-5000 4. Tallwood Storm Sewer Project Marco Island. Florida Angelo Ubertaccio City of Marco Island 239-389-5000 5. 6. Dated 9/1/06 Quality Enterprises USA. Inc. idder BY: arty. Vice President TPA#1953633.11 GC-P-5 101 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench. Safety Act (90-96, laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (IF,SY) Unit (Quantity) Unit Cost Extended Cost 1. $ 5.00 Slope 82 $410.00 LF 2. 3. 4. 5. TOTAL $ 410.00 Failure to complete the above may result in the Bid being declared non-responsive. Dated 9/1/06 Quality Enterprises USA. Inc. Bidder BY: TP A#1953633.11 GC-P-6 c i I ~ "\ Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to becom~ the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within thirty (30) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Paul J. Mod arty , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Paul J. Moriarty , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. TPA#1953633.11 GC-P-7 \ j I (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia which operates under the legal name of Quality Enterprises USA. Inc. , and the full names of its officers are as follows: President Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager ..:r.hc is authorized to ~igl t L;ull~lr u\...tion bids qpd contract~ for thp. r.0mp6lny by action of its DOdl J uf Difectors taken -- , a certified copy of '",hid. i::; hereto attached (~trike 'oullhi~ la::;l 5el,tencc if Ilot ClfJfJlicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED 9/1/06 legal entity TPA#1953633.11 GC-P-8 ]i ,,<-). f , (: t.' .......;/ I' vklxlffA jj~ . Witness iJ ~. , itnes BY: J. Moriarty Vice President Title 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 Incorporated in the State of Virginia STATE OF Florida COU NTY OF Collier The foregoing instrument was acknowledged before me this ~ day of September 2006, by Paul J. Moriarty ,as Vi f'P "p,psj dent of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally known to me or has produced N / A as identification and did (did not) take an oath. lJWJii i~ (Signature of Notary) My Commission Expires: 2/11/10 """"'" ".""'IE L COHEN ~if\'f f~ MIV1\.1 ~: ~";KI'\;~ MY COMMISSION # DO 501526 \rih~.ij EXPIRES: February 11, 2010 '~','If.:ft\~; Bonded Thru ~1aIy N>Iil; IJI1duIWlllIll NAME: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD 501526 TPA#1953633.11 GC-P-9 ..n_____ leI BID BOND KNOW ALL MEN BY THESE PRESENTS, that We ()Jality ~ses ~, Ioc. ~3894 Mamix Drive, Suite 216; ~les, FL 34U+?406 (herein after called the Principal) and Travelers Casualty arx:I St.Ire1y Calpa.r!)' of ArIIrica ,- I (herem called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Board of CoorJty CmmiSSlooer5 Colller Ca.ITf;Y, Florida (hereinafter called the Owner), in the full and just sum of Five (5%) ~ JlrIoont of The Bid dolla.rs ($ 5% /mt. Bid .-J good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns) jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bjd for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as__ Riviera Golf Estates lake Interconnect -~ Fleur Oe Lis Lane Bid No. 06-4035 NOW, THEREFORE, If the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAl. shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labort materlals and supplies furnished in the prosecution thereof Of, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance) if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% hot. Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. " TPA#1953633.11 GC-P-10 101 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1st day of SeptaJber , 2006. BY Principal (Seal) Surety (Seal) Local Travelers Casualty am Surety ~of A1!r.ica TP A#1953633.11 GC-P-11 TRAVELERS CASUALTY AND SlHlliTY CO]\1PAi'-ry OF AldERTCA TRAVELERS CASUALTY AND SURETY CO:MPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 r POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John C. Stanchina, Hunter F. Avery, Kathleen M. Ferrigno, Barbara E. Moore, Claudia M. Clarkson, Kelly Lackey, Patricia L. Lewis, Jessica J. Winfree, Jeffrey Mark Johnson, of Richmond, Virginia! Raleigh, North Carolina / Alpharetta, Georgia, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and oilier writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assist2nt Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or heL VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COl\1PANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04) Unlimited C'l Ii II c:~ IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 23rd day of September, 2004. ...iTATE OF CONNECTICUT ( '. " } SS. Hartford COUNTY OF HARTFORD IlWll/7f(1 ::;~~, 1~d~\\ ~ l'" cOtiN~ J ~j ~..._.....~ "",,,#;:"1 ",( . 'l.~~:tf I~~\\'\ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By ~.~- - - George W. Thompson Senior Vice President On this 23rd day of September, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf.ofthe corporations by authority of his/her office under the Standing Resolutions thereof 'fY\ ~ t~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY CO:MPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1st Sept.erber, 2006 . day of . j): /-~ ~:~ ,. /t. <.:._-$-.".' <,.v"'t ./'.<"~- ^'\}lk&t .l:;tx;~{>U?'R~&-r) . By ~.~ 3,:,<. Peter Schwartz Senior Vice President 1 {J ! THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 '11. The mailing envelope must be sealed and marked with: <:=>Bid Number; ~Project Name; ~Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET USA, Inc. Moriarty, Vice President DATE: 9/1/06 TPA#1953633.11 GC-P-12 101 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Riviera Golf Estates lake Interconnect -- Fleur De Lis lane, Bid No. 06-4035 ("Project"), as said Work is set forth in the Plans and Specifications prepared by G. Grady Minor Associates, P.A., the Engineer andlor Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one hundred twenty thousand dollars and zero cents ($120,000.00). GC-CA-1 ., '''- Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 1 00% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within thirty (30) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion GC-CA-2 <. j. , .....;" within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two hundred and fifty six dollars ($256.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at hislher direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 . ~ . 0 ~I "'....; :1 (). " r"';:) '.....:;.1 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Q. Grady Minor and identified as follows: Riviera Golf Estates lake Interconnect -- Fleur De Lis lane as shown on Plan Sheets 1 through 7. Contractor's List of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: GC-CA-4 10 Val Prince, Project Manager Collier County Stormwater Department 2885 Horseshoe Drive Naples, Florida 34014 (239) 213-5879 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Paul J. Moriarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 (239) 435-7200 FAX (239) 435-7202 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. GC-CA-5 lot*tf Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. GC-CA-6 Ci .... 1 Ji U'.! j Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 ~l ; .L,O I IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: ~ F/ ITNESS Louis J. Gandio Type/Print Name , kArP/~ILJ'~ ~CO D W ES - _-:: ./ Susan Schultz Type/Print Name 'A ,','cJ."" Date: _ ,:'~';0 2Mft c' . A TTES"f;: . .,.'" Approved As To Form an~~ Print Name: eDlleen Nt. Gfeert.R- Assistant County Attorney CONTRACTOR: By: Qua~nterprises USA, Inc. t / ! 1 v/(L/ ---- Paul J. Moriarty, Vice President Type/Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: ~~--:4? ./ Frank Halas, Chairman GC-CA-8 lor . EXHIBIT A PUBLIC PAYMENT BOND Riviera Golf Est~tas Lake Interconnect M~ Fleur De LIs Lane Bond No. 104814242 Contract No. 06-4035 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA. Inc. 3894 ~nnix Drive, Suite 216; Naples. FL 34114-5406 , as PrIncipal, and Travelers Casualty and Surety CaJpany of Alterica , as Surety, located at 300 Arbore~Pa~y, Suite 390; Richtrond, V~ 23236-3461 _._. _ ~ . (Business Address) are held and firmly bound to Jh~ Board of County Carmi~ioners of Co~er Co.. FL as Obligee in the sum of One Hundred Twenty Thousarld anaCXJ7IOO ($ 120.cm.OO ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 1~ day of October 2006, with Obligee for Riviera Golf Estates Lake Interconnect - Fleur De Li~ Lane accordance with drawings and specifications, which contract IS incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor~ materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do 110t affect Sureties obligation under this Bond, The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable ill the aggregate to claimants for mOre than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 20th day of October 2006, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to. authority of its governing body. TPA#19~3633.11 GC-CA-A~1 101 Signed, sealed and delivered in the presence of: . PRINCIPAL ~~ Lo' J. Gaudio BY: NAME: ITS: Inc. Murrell STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before hle this 20th day of October 20~, by Howard J. Murrell t as President of Quality Ente:sprises USA, Lnc. _ , a Virginia . . corporation, on behalf of the corporation. He/she is personaHy known to me OR has produced N/ A as identification and did (did not) take an oath. ,.,"'00", "''''''IE L COHEN ~,~\'l'U/l~ IWII\I"l\,o ~./ib\~ MY COMMISSION # DO 501526 ~.~~:?.~ EXPIRES: February 11, 2010 ...;r,iff..t\<W-' Bonded TlIru Nolaiy PuIlIk; UI1IlI1WIltera J~ dfMtz--- (Signature of Notary) My Commission Expires: 2/11/10 NAME: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of 1<'1 nr; oa Commission No.: DD 501526 ATTEST; SURETY: Travelers Casu&ty and Surety Colpany of Merica (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) TP A#1 953633.11 GC-CA-A~2 lor OR John C. Stanchina Withesses ssica J. Winfree, Attomey-in-F~!.-. (Printed Name) 300 ArboretLm Parkway, Sui te 390 Richrrond, VA 23236-3461 (Business Address) 804-780-0611 (Telephone Number) STATE OF Virginia no:tooOO(~ 0 F Ri chlmnd City The foregoing instrument was acknowledged before me this 20th day of October , 2006, by Jessica J. \~infree , as Attorney-in-Fact of Travelers Casualty and Surety Carpany of JlJrerica Surety, on behalf of Surety. He/She is personally known to me OR has produced herself ~ as identification and who did (did not) take an oath. '7 V, My Commission Expires: 12/31/2008 J~-../ (AFFIX OFFICIAL SEAL) Name: Joann E. Stahr (Legibly Printed) Notary Public, State of: Commission No.: n/a VA TPM19036'33.11 GC~CAyAV3 :~D I EXHISIT A PUBLIC PERFORMANCE SQND Riviera Golf Estates Lake Interconnect -- Fleur De Lis Lane Bond No. 104814242 Contract No. 06-4035 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc.; 3894 tvlannix Drive, Suite 216; Naples, FL 34114-5406 , as Principal, and Travelers Casualty and ~urety earpany of ~ Arrerica , as Surety, located at 300 Arboretlm Parkway, Sui te 390; Ri chtrond, VA 23236-3461 (Business Address) are held and The Board of County Canni 55; oners of Co 11; er County, Flori da One Hundred Twenty Thousand and 00/100 ...---....-...,.- ($, ,120.lXXJ.00 ) for the paym.ent whereof we bond ourselves, our heirs, executors) personal representatives, successors and assigns, jointly and severally. firmly bound to ,as Obligee in the sum of WHEREAS. Principal has entered into a contract <dated as of the October 2006, with Riviera Golf Estates Lake Interconnect - Fleur De Lis Lane in accordance with drawings and specjfications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. 11th Obligee day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited ta, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Pertorms the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do hot affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the speoifications. TPA1J1953633.11 GC-CA-A-4 101 This jnstrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05) Florida StEltutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 20th day of October . 2006, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: NAME: ITS: Howard J. Murrell President STATE OF. FloriljSl- CQUN1Y OF Collier was acknowledged before me this 20th day of Howard J. Mnrrell , as of Quality Enterprises USA. Inc. ) a corporation, on behalf of the corporation. He/she is me OR has produced N/A as identification Elnd did (did not) take an oath. .~~ (Signature) The foregoing instrument ~ 0~t9Q~~ 1 2006, by President Virginia personally known to My Commission Expires: 2/11/10 ..,'~\!\\/I~ MARCIE L COHEN [:r~'l:i1 MY COMMISSION II DD 501526 ~;;,~:~.; EXPIRES: February 11, 2010 . "''1.p'f.~~' Bonded Thru Nofllrypubllc Underwrit&r$ Name; Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 501526 TPA#1953633.11 GC-CA~A~5 _ _ _. ~..... ..............., ~ __ _ ........ '"'..... _ ___ __ .,-' - - - J -,. - . - J. - - - - - -TO'''' ATTEST: SURETY: Travelers Casualty and Surety Carpany of Prreri ca (Printed Name) (Business Address) - (Authorized Signature) OR ~ Witnesses as to Surety John C. Stanchi na Witnesses . ssica J. Winfree, Attorne~-in-Fact (Printed Name) 300 Arboretun Parkway, Sui te 390 Richmond. VA 23236-3461 (Business Address) 804-780-0611 (Telephone NUmber) STATE OF O:~OF -C,.ty The foregoing instrument was acknowledged before me this 20th day of October 1 2006, by Jessica J. Winfree ) as Attorney-in-Fact of ]ravelers Casualty and Surety Carpany of Merica Surety, on behalf of Surety, He/She is personally known to me OR has produced herself - as identifica ioo d who did (did not ,ake an oath. ""? Vi rCji ni a Richmond My Commission Expires: 12/31/2008 (AFFIX OFFICIAL SEAL) Name: Joann E. Stahr (Legibly Printed) Notary Public, State of: VA Commission No,: n/a TPA#195~633.11 GC-CA-A-6 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER eSTPAUL TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 217735 10 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 11 7 6 4 8 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John C. Stanchina, Hunter F. Avery, Kathleen M. Ferrigno, Claudia M. Clarkson, Patricia L. Lewis, Jessica J. Winfree, Jeffrey Mark Johnson, Clinton 1. Diers, Joann E. Stahr, and Jacqueline E. Joiner of the City of Richmond , State of Vir~inia , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in ot,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or any'~~gons allowed by law. ~t~, 'r IN WITNESS WHEREOF, the Comp-anies have caused this I f September 2006' ay 0 00 . ,'Itf (",;()\"..,~;\\~;~:,., Farmmgton Casualty Cq~Pl\J1Y..1",A.;'cj"1<;~'%:'J.' 0 Fidelity and Guaranty~~uraJ1f~:CpIhpaQY;'\:l\) t Fidelity and Guaranty Insurapi:e"Underw~ters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company State of Connecticut City of Hartford ss. seals to be hereto affixed, this 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company (j;~1,~~~. <.i..... .........('1...'" :/~or;lPORA,..~\ t" \ l~\.si.iL)t \"~:.;.. .....~-411 ~s....~...t-~ ..~ By: 11 th September 2006 . On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. .-My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. '\f\CJJW, C. j~ '- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER D.' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fife and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and ,Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance c;,.ompany; St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S E9mp~f~'Americ~-,nd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe rn~"llx~ted b~ ~;,&Companies, which is in full force and effect and has not been " -" '&..... ~~J~ revoked. ^ ~,<''l:t-.... "';I'\: . ~. \4:"\ r> -"'II. ~~ r'^ 0 ~ " -< -\"\~ "'4 :\-0\> c" "l ,~ --- ~ IN TESTIMONY WHEREOF, I have hereunto set my hand lj!ld tt~e1:l the1>~'\ d'f s~\;panies this 20th .- ("\ '\.,. ::\~ ~j:'W' ,\.. C\,""Y iI ~"'-O~ \.O~ ~~~,. ~ \?'")>~\'\t'. -oJ:J~ / fl~ "',r~ ~ V day of OciOOber 06 ,20 Kori M. Johans To verify the a\lthenticity of this Power of Attorney, call1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#: 7189 QUALlENTE1 ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MM 0 10/20/ 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PRODUCER Thomas Rutherfoord Inc. .-122 Central Park Ave. Ste 1340 ,rginia Beach, VA 23462 (757) 456-0577 Quality Enterprises USA Inc & Quality Environment Co Inc 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 INSURERS AFFORDING COVERAGE INSURER A: Virginia Surety Company Inc. INSURER B: Everest Indemnity Ins. Company INSURER C: American Int'l Specialty Lines Compa INSURER 0: INSURER E: NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' Pr?;+~Y :i~i~~1i~F p~~~J (~~I~~~N LTR NSR TYPE OF INSURANCE POLICY NU MBER LIMITS A GENERAL LIABILITY 2CG50321501 07/01/06 07/01/07 EACH OCCURRENCE $1 000 000 - ~~~~~P9E~~~:~~encP\ lL COMMERCIAL GENERAL LIABILITY $100 000 - ~ CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1 000 000 - GENERAL AGGREGATE $2 000 000 - GEN'L AGGREGATE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $2,000,000 I n PRO- POLICY JECT LOC A ~TOMOBILE LIABILITY 2CA50321401-V A 07/01/06 07/01/07 COMBINED SINGLE LIMIT A ~ ANY AUTO 2CA50321301-FL 07/01/06 07/01/07 (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE (Per accident) $ ~RAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y: AGG $ B :=JESS/UMBRELLA LIABILITY 716C6000003061 07/01/06 07/01/07 EACH OCCURRENCE $10 000.000 OCCUR D CLAIMS MADE AGGREGATE $10.000.000 $ ==1 DEDUCTIBLE 8 RETENTION $ $ A WORKERS COMPENSATION AND 2CW50321601 07/01/06 07/01/07 X I T~~yS;r~~~;, I IOl~- EMPLOYERS' L1AI3ILITY 5500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE 8500,000 If yes. describe under $500,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT C OTHER Pollution CPL 1351083 07/01/06 07/01107 $1,000,000 CSL $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Contract #06-4035 "Rivera Golf Estates Lake Interconnect - Fleur De Lis lane". Collier County Florida is Additional Insured under the General Liability policy as respects to work performed by the insured, as required by written contract. Umbrella policy follows form. Insurance is primary. Waiver of subrogation is provided under the Workers Compensation policy. CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Dept. 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.ll- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - a. t1J...... ACORD 25 (2001/08) 1 of 2 #S336927/M318478 PF1 @ ACORD CORPORATION 1988 , i I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of2 #S336927/M318478 Client#: 7189 QUALlENTE1 ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD 10/20/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Thomas Rutherfoord Inc. .22 Central Park Ave. Ste 1340 irginia Beach, VA 23462 (757) 456-0577 Quality Enterprises USA Inc & Quality Environment Co Inc 3894 Mannix Drive, Suite 216 Naples, Fl 34114-5406 INSURERS AFFORDING COVERAGE INSURER A' Virginia Surety Company Inc. INSURER B Everest Indemnity Ins. Company INSURER c: American Int'l Specialty Lines Compa INSURER D: INSURER E: NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE POLICY NUMBER PJl.ki~~ri~~~g~';'\E Pg~fl{~~/~~N LIMITS LTR A ~NERAL LIABILITY 2CG50321501 07/01/06 07/01/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~~J9i=~~~;~~BnCe\ $100000 1 CLAIMS MADE [!] OCCUR MED EXP (Anyone person) s5.000 PERSONAL & ADV INJURY s1.000 000 GENERAL AGGREGATE $2,000 000 n'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMPIOP AGG $2,000,000 nPRO- POLICY JECT LOC A ~TOMOBILE LIABILITY 2CA50321401-VA 07/01/06 07/01107 COMBINED SINGLE LIMIT A ~ ANY AUTO 2CA50321301-Fl 07/01/06 07/01/07 lEa accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - ~ PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B :==JESS/UMBRELLA LIABILITY 716C6000003061 07101/06 07/01/07 EACH OCCURRENCE $10 000 000 OCCUR D CLAIMS MADE AGGREGATE $10 000 000 $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 2CW50321601 07/01/06 07/01/07 X I T';':;~yS;r~r~;,T IOJ~- EMPLOYERS' LIABILITY $500,000 ANY PROPRIETORlPARTNERIEXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under $500,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT C OTHER Pollution CPl1351083 07/01/06 07/01/07 $1,000,000 CSl $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Contract #06-4035 "Rivera Golf Estates lake Interconnect - Fleur De Lis lane". Collier County Florida is Additional Insured under the General Liability policy as respects to work performed by the insured, as required by written contract. Umbrella policy follows form. Insurance is primary. Waiver of subrogation is provided under the Workers Compensation policy. CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Dept. 3301 E. Tamiami Trail Naples, Fl 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - a. ACORD 25 (2001/08) 1 of 2 #S336927/M318478 PF1 @ ACORD CORPORATION 1988 -.. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S336927/M318478 Client#: 7189 QUALlENTE1 ACORDn" CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDDIYYYY 10/20/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PRODUCER Thomas Rutherfoord Inc. .~~2 Central Park Ave. Ste 1340 ,ginia Beach, VA 23462 (757) 456-0577 Quality Enterprises USA Inc & Quality Environment Co Inc 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 INSURERS AFFORDING COVERAGE INSURER A: Virginia Surety Company Inc. INSURER B Everest Indemnity Ins. Company INSURER c: American Int'I Specialty Lines Compa INSURER D: INSURER E: NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ~~~~ Pt?.ki~~ri~~ri'~~I~\E Pg~fJ (~~~>>~N LTR TYPE OF INSURANCE POLICY NUMBER LIMITS A ~NERAL LIABILITY 2CG50321501 07/01/06 07/01107 EACH OCCURRENCE $1 000.000 L 3MERCIAL GENERAL LIABILITY ~~~~~~J9E~~~Ju~?ence\ $100 000 - CLAIMS MADE W OCCUR MED EXP (Anyone person) $5 000 - PERSONAL & ADV INJURY $1 000.000 - GENERAL AGGREGATE $2 000.000 ~'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2,000.000 nPRO. POLICY JECT LOC A ~TOMOBILE LIABILITY 2CA50321401-VA 07/01/06 07/01/07 COMBINED SINGLE LIMIT A ~ ANY AUTO 2CA50321301-FL 07/01/06 07/01/07 (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) _. - PROPERTY DAMAGE (Per accident) S ~AGE LIABILITY AUTO ONL Y - EA ACCIDENT S , ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG 5 B ~ESS/UMBRELLA LIABILITY 716C6000003061 07/01/06 07/01/07 EACH OCCURRENCE 510.000.000 OCCUR 0 CLAIMS MADE AGGREGATE s10.000.000 5 =1 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 2CW50321601 07/01/06 07/01/07 X I T~~Jr~~~~ I IOJ~- EMPLOYERS' L1ABILI1 Y $500,000 ANY PROPRIETORJPARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under $500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT C OTHER Pollution CPL1351083 07/01/06 07/01107 $1,000,000 CSL $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Contract #06-4035 "Rivera Golf Estates Lake Interconnect - Fleur De Lis Lane". Collier County Florida is Additional Insured under the General Liability policy as respects to work performed by the insured, as required by written contract. Umbrella policy follows form. Insurance is primary. Waiver of subrogation is provided under the Workers Compensation policy. CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Dept. 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .Jl!, 01,. . ~............ PF1 @ ACORD CORPORATION 1988 ACORD 25 (2001/08) 1 of 2 #S336927/M 318478 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S336927/M318478 ~or EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of _~II insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. ,J) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration 1 cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. ~) Should at any time the Contractor not maintain the insurance coverage's required herein, the mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 "if. ("". I I ,I 1\.. ~ "<:,;J coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse .-"'wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs .. om any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. GC-CA-B-2 10) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY . ,equired by this Agreement? ~ Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability 2L. $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and HarbolWorker's Act coverage shall be maintained where applicable to the completion of the work. (check one) D Applicable [g] Not Applicable . t) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) D Applicable [g] Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: x General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be '-'ldorsed using the following endorsement wording. "This endorsement modifies insurance provided GC-CA-B-3 10 under the following: Commercial General Liability Coverage Part. The General Aggregate Limit ~-1der LIMITS OF INSURANCE applies separately to each of your projects away from premises .....wned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) o Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) o Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a ~placement cost basis without voluntary deductibles. Such property insurance shall be maintained, . lless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. GC-CA-B-4 J~O (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and -, 'aintaining boiler and machinery insurance required by the Contract Documents or by law, which ....nall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: -'L Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-5 'f EXHIBIT C RELEASE AND AFFIDAVIT FORM )UNTY OF COLLIER ) .sTATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TPA#1953633.11 GC-CA-C-1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION )NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments .dceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TPA#1953633.11 GC-CA-D-1 I I I-W ZI- WW 0..J a:IL W::E ILO 0 :i:ow ..JI-WI- e(Wa:e( I-..JOO o ILl- I-:l!(/)O goll- III a..J We( a:- 0::; 1-1- 1Ile( :l! ~ .. J> 0 E ~Q :> 0 (/) z ... :z:a: w ;; ." I-W ~ n 0 0. :::> ~ !o;: 0 ..J .. .. W I>. 01>. <C I- W (/)W > ..I Zl- u.. D- Oe( :it _a 0 I-w 0 e(0 W 0 ~Z ..J :..: ..J :::> a: I>. III IL 0 0 <l:W W 3: III I- :I: ;:)<1: 0 Oa (/) >;:) wa: a::r: ILI- a W ..JW ;:);:) a..J we( :r:> 0 III "C .. " c - c o o ;; - ~ !: ; m J: >< W Z 2 l- I>. a: o III W C o .. ~ I>. a: W ::Em ~::E -::l z -1 ~.' ) 1 " .- Ql~ ~~ "'- E '" 0:5 <> .!!?~ U '" III c: .::; 0 c:Z:;; o '" <> E '" ~ .c:~ ;= c: " c: c: E o " :;::;0 III <> E " ~- 0", EO == ~ "'.c: Qlf- ~ '" 0:5 ~-:: ';=-0 " ~ ~~ OIl a ~ '" OIl .- .c: OIl ~ ~ .- c: ~~ '" '" o ~ c: " .- ~I~ f- c: '" '" .c:.c: f- Ll N o <i: u , u (!) I '# '" c: '" .~ :E "'- <> 0 :..= Q,l ~; <(-0 '" OIl '" :::J:5 ~ "; 2.:: ~.a ~ CL :) ~ ~ c: c: CD 0 .- "'0..;::;. tV c: "'Iii :::J E c: '" ~ '" c:O-c E ~ U :::J _ OIl .c: U) Oro_ -J ()-O) oc( O(/)U I- ';= ~ .!::: o -,,-'" I- ~~~ - -c c: ~.!'! ~ c::5 e ~g~~ ~ > : "''''.c: Ie e_ x 0 '" W_.c: .. .s :: ~ ~ c0 (") (0 (") 10 Q) ~ a. f- EXHIBIT E CHANGE ORDER Inl "" . TO: Project Name: Bid No.: Change Order No.: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount .. '" ....... .... ....... ......... ..... ..... .......... ....... $ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ..... ....... ..... .... .... .................... ..... ......... $ Revised Agreement Amount..... ................................... ...... ............. $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director Date: (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E-3 1.. 0 ' } EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. TP A#1953633.11 GC-CA-F-1 10 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title TPA#1953633.11 GC-CA-F-2 l( EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2006 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) TPA#1953633.11 GC-CA-H-1 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions 1 Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws 1 fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those ,_, affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; TPA#1953633.11 GC-CA-H-2 ~ , ,. ,J ;...~:; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of _. the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) ._ unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress TPA#1953633.11 GC-CA-H-3 1 i ,-, schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis - for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the TPA#1953633.11 GC-CA-H-4 101 materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by ,,- appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of e.ach Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. TPA#1953633.11 GC-CA-H-5 c. I 1_ 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F .S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final TPA#1953633.11 GC-CA-H-6 1 :! v payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7 . SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. - 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the __ Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, TPA#1953633.11 GC-CA-H-7 ~ ~ ;j repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); TPA#1953633.11 GC-CA-H-8 8.1.6 Description of Work being performed at the Project site; 101 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents, 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications 1 addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show aU changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and TPA#1953633.11 GC-CA-H-9 10 procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in -- Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be .- deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. TPA#1953633.11 GC-CA-H-10 1 r. "''. , \} 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner _ in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing TPA#1953633.11 GC-CA-H-11 r - U. I " 10 Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting 1 fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including 1 .. but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property TPA#1953633.11 GC-CA-H-12 '1 /-:-, J 1 J '..-,/ damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone ~- employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance .- therewith 1 it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances 1 construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including 1 but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. TPA#1953633.11 GC-CA-H-13 J ~ 16. ASSIGNMENT. _, 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s}. Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s}. If Owner determines that Contractor has not remedied and cured the default(s} within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, TPA#1953633.11 GC-CA-H-14 equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by ,- whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained 1 and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to' of arising out of the _. Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable 1 or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen - (14) additional days' written notice to the Owner, terminate the Agreement and recover from .he Owner payment for Work performed through the termination date, but in no event shall TPA#1953633.11 GC-CA-H-15 ~ (<, cA..,) Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the _ Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: TP A# 1953633.11 GC-CA-H-16 101 (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as ",- otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for TPA#1953633.11 GC-CA-H-17 such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all TPA#1953633.11 GC-CA-H-18 1.- d() \ direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate - Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other - professionals, all court costs and all costs of repair and replacement of work of others TP A#1953633 .11 GC-CA-H-19 r~, destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any _. delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule 1 monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times _. whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's TPA#1953633.11 GC-CA-H-20 ],r: benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager detennines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and pennitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. TPA#1953633.11 GC-CA-H-21 <'" 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as ~- otherwise designated, from time to time, by Owner in writing; TPA#1953633.11 GC-CA-H-22 10: 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on- line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. TPA#1953633.11 GC-CA-H-23 101 If MOT is required 1 MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. TP A#1953633" 11 GC-CA-H-24 r ':1 ~....;/ 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be __ solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g" general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition 1 the Subcontractor shall assign and name a TPA#1953633.11 GC-CA-H-25 :"-:; , I . J. \._/ qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this ,. Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34. 1 .4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 TP A#1953633" 11 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs GC-CA-H-26 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 r'~ (~\ , i Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. TPA#1953633.11 GC-CA-H-27 ., ,~ EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS I. BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL TERMS & CONDITIONS ACCESS OR STAGING TO PROJECT WORK AREA Access to the work site may be limited or restricted. It will be the Contractor's responsibility to inspect the work site prior to submission of the Bid/Quote to ensure there will be no ingress and egress issues. In addition, should access or an off site staging area be necessary other than indicated on the plans, the Contractor must be granted and the fee owner must provide written authorization. A copy of the authorization letter must be provided to the Project Manager for the Project file. Any and all related costs to gain access to or for staging purposes for the work site shall be included in the Bid/Quote. AS-BUlL TS/RECORD DRAWINGS The Project's Design Professional and his Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. Prior to construction commencement, the Contractor shall meet with the Design Professional and his P.S.M. to determine the Project's critical points to the final As- Builts. The Contractor shall also coordinate with the Design Professional and his P.S.M. to facilitate measurement at those critical Project points. The Contractor's Final Payment shall be withheld pending the Design Professional and his P.S.M. Certification of the contracted improvements are per design. During the progress of the work the Contractor shall keep and maintain one (1) Approved for Construction copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements and other written interpretations and clarifications. It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the Contractor's use. The Contractor shall also note to show updated construction deviations annotated in red line as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor. All survey information depicted on the As-Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative Code. TPA#1953633.11 GC-CA-I-1 ADDITIONAL CONTRACTUAL SERVICES 101 Should additional work be required, a Change Order to the Work Order will be completed and an adjustment will be made to the Purchase Order Contract Sum at Unit Prices or an agreed upon Price prior to the performance of the work. ACCIDENTS OR THEFTS The Contractor shall be responsible to contact the Project Manager to report any accidents or thefts involving or occurring within the work site. Should they occur the Contractor at no additional cost, should photograph the damage or loss and provide the dated photograph to the Project Manager. _,.Seel'PaQe.GG.~C~;~H~'1i1; CONSTRUCTION PROGRESS PHOTOGRAPHS It is the Contractor's responsibility to provide construction progress photographs that help visualize the worksite conditions. Photographs shall be taken prior to construction commencement, during and after all milestones and constructions steps. These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and submitted once a week on Wednesday via e-mail or recorded on a CD and delivered to the Storm water Management Department and to the attention of the Project Manager. CONTRACTOR'S EMPLOYEES Employees of the Contractor or its Subcontractors shall be properly uniformed and provide a neat appearance. All employees of the Contractor or Subcontractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees. Collier County will require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued work in the Project's construction services is not in the best interest of the County. CONTRACTOR'S MEETING ATTENDANCE During the Contract the Contractor shall be required to hold weekly progress meetings unless otherwise specified by the Project Manager. The Contractor is responsible to TP A# 1953633.11 GC-CA-I-2 1Q'l record notes and type minutes of the progress meeting and also attend other special meetings that the Project Manager should require. GENERAL DEFINITIONS As-Built/Record Survey - A survey preformed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated. Construction Documentation - Noting/Recording of all deviations from the "For Construction Drawings and Specifications. All deviations shall be initialed and dated by the Contractor. Shall or Must - These terms, when used are defined as meaning mandatory. GENERAL SITE CONDITIONS CARE Due care shall be taken of all existing landscaping. The Contractor may be required to perform necessary site pruning on any existing plant's foliage which will interfere with the equipment or work area to limit total removal and/or replacement of the landscape material. The Contractor shall be responsible for replacement at the Contractor's costs unless otherwise approved by the Project Manager. CAlLY LOGS The Contractor shall complete and submit to the Project Manager on a weekly basis a Daily Log documenting the Contractor's activities at the Project site such as: 1. Soil or weather conditions which adversely affect the work; 2. Daily job site hours of operation; 3. Number of Contractor's and Sub-Contractor's personnel present and working at the project site; 4. Equipment on the project site; 5. Work description being preformed; 6. Materials received; 7. List of visitors; 8. Any problems that might impact either the cost or quality of the work or the time of performance. TP A#1953633.11 GC-CA-I-3 ..... (' ~; : .':'_c ,--J w LANDSCAPING. IRRIGATION SYSTEMS AND MAIL BOXES Improved landscape areas containing landscaping, irrigation systems and mailboxes shall be noted and maintained wherever possible. If removed or destroyed during the accomplishment of the work, the Contractor shall replace or restore to the original condition or better as part of Project completion. The cost of these items shall be considered incidental to the Project unless discussed and addressed with the Project Manager prior to Project commencement. LANE OR STREET CLOSURE A lane closure for construction shall be limited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc" the lane maybe restricted from traffic only during non-peak traffic periods 9:01 AM. - 3:29 P.M., Monday through Friday, and 8:00 AM. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. Street closure shall be approved through the Project Manager. When approved the Contractor must notify the respective Law Enforcement Agency, District Fire Department, Emergency Medical Services and the County Transportation Road Alert Section prior to closure. Lane and street closures shall be indicated indicated on the DailylWeekly Work Logs, which are provided to the Project Manager. TPA#1953633.11 GC-CA-I-4 '.1 - ',; If the documentation noted above is not submitted with the Bid/Quote Proposal, such Bid/Quote will not be considered. MISCELLANEOUS RESPONSIBILITIES 1. The Contractor shall make every effort to protect existing facilities. 2. It shall be the Contractor's responsibility to notify in writing the Project Manager of any construction problems or additional construction needs. 3. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order completed by the Contractor and Project Manager prior to performing additional services. 4. The Contractor shall communicate frequently with the Project Manager and provide a working schedule after the Notice To Proceed has been issued. The schedule is required to be kept current with the progress of the work. Should the schedule be changed, it shall be immediately up-dated. 5. The Contractor shall provide all materials, labor, equipment, mobilization and any other necessary effort, element and/or component(s) needed to complete the work in its entirety and per plans and at the Total Bidded/Quoted Pricing submitted. TPA#1953633.11 GC-CA-(-5 J1,~. LtC". C l! 11 ~ ~ PRECONSTRUCTION VIDEO It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD format documenting the condition of the Project area prior to commencement of any work. This video tape should capture pre-project conditions of all private property adjacent to the proposed project area and public property in the r/w with the intent to document all existing conditions for use in resolving any post-project private or public property alleged damage claims. The video is to be submitted to the Project Manager prior to construction commencement for the Project file at no additional costs. PROJECT LAYOUT REQUIREMENTS The Contractor shall be responsible to install the work in accordance with the "Approved For Construction Plans and Specifications". Project layout is the Contractor's responsibility. The Design Professional's Florida Registered Professional Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any/all existing boundary monumentation to facilitate its replacement if damaged. The Contractor shall make every effort to preserve stakesllaths, monuments, bench marks, and other control points. A Florida Registered P.S.M. is responsible for the replacement of any & all survey control or boundary corners damaged or destroyed during construction at the Contractor's expense. PROJECT SCHEDULE AND TIME PERIOD The Contractor shall prepare and submit to the Project Manager the Project's schedule prior to the "Notice to Proceed". The schedule of the work's progress shall be updated monthly and provided to the Project Manager. Micro Soft Project Format is recommended. This Project shall commence upon receipt of a "Notice to Proceed" letter from the Project Manager, and will remain in effect until Final Completion and submission of all the Project closeout documents. Notification of Substantial Completion, Final Completion and any Claims shall be done in written letter format. Electronic transmission via E-mail is not an acceptable notification form. Should the Contractor see that additional days will be required a Change Order to the Work Order shall be approved. QUANTITIES Indicated in Bid/Quote Schedule are expected quantities and are for the purpose of Bid/Quote submission. The County reserves the right to adjust such quantities as may be required by the Design Professional during the Contract. TPA#1953633.11 GC-CA-I-6 101 RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. SANITARY FACILITIES The Contractor shall provide and have serviced sanitary facility(ies) within the work site area limits as approved by the Project Manager. Each facility shall be located no further apart within the work area than one-quarter (1/4) mile. SITE MAINTENANCE The work site areas shall be kept clean and neatly maintained during the progression of the work. Any debris on the roadway shall be swept daily or as directed by the Project Manager. The disposal of all debris and construction litter must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Bid/Quote Schedule Price. Upon completion, the remainder of site's construction and leftover materials are to be collected, hauled, and disposed of by the Contractor leaving the work site in a restored order. TRAFFIC CONTROL Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed prior to construction. Should the Contractor not place and/or properly maintained the Maintenance of Traffic (M.O.T.) the Project Manager will require the Project work to cease until the proper M.OT. has been placed and/or maintained. The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (M.OT.) Policy copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the Collier County M.O.T. Policy Requirements prior to submitting a Bid/Quote. The Contractor will be responsible for obtaining copies of all required manuals, M.U.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the M.O.T. Policy will be enforced under this Contract. High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times by all employees working within Collier County Rights-of-Way (See exception below). This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. A.N.S.I.II.S.E.A. 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime use. TPA#1953633.11 GC-CA-I-7 101 A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations, where conditions may create hours of darkness during normal daylight conditions. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or county requirements such as N.F.P.A, a.S.H.A, AN.S.I., etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime-green or fluorescent orange only and must be maintained in good condition and replaced as necessary. Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or clothing with retro-reflective striping as long as the color requirements listed above are met. Directional lighted and flashing arrow board may be required. See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor Requirements (External) UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed in any task. The Contractors shall include cost of work to be performed under the task in the pay items of which this work is a component. UTILITY CONFLICTS Utility locates shall be conducted prior to commencement of work. Soft digging, pot holing and/or any commonly approved method at the Contractor's discretion may be used to locate existing utilities. Provided within the construction plans reflect the location of existing utilities from the most reliable information available to the Design Professional. This information is not guaranteed, therefore, the Contractor shall field verify the location of all utilities. The Contractor is required to conduct all necessary research and field exploration(s) to properly identify, locate and resolve any utility conflict(s) not shown in the construction plans. In the event that utility conflict(s) arise, the Contractor will be principally responsible for coordinating with the pertinent utility company/companies in order to resolve such conflict(s). Any and all costs associated with utility conflict(s) would be incidental and should be included in the pricing provided in the Bid/Quote Schedule. The Project Manager may make exceptions pending justifications by the Contractor. VENDOR PERFORMANCE EVALUATION TPA#1953633.11 GC-CA-I-8 '. 0 li ,1 Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, Vendors will be evaluated on their performance upon completion/termination of Agreement. II. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC CONDITIONS There are certain items which are being brought to the Bidder's/Quater's attention. They are: . The Project's construction is required to take no more that sixty - (60) calendar days from the date of the "Notice to Proceed". The work must be Substantially Complete thirty - (30) days from the "Notice to Proceed", leaving the final thirty - (30) days to address Punch-List Items. . Photos of existing conditions are enclosed. . Excess fill material is to be hauled and disposed of by the Contractor at no additional Project costs. . Replacing materials shown on the attached construction plan with an equivalent one will require prior authorization in writing from the Design Professional and the Project Manager. . This Project is Work Order activated. . This Project will require a Performance and/or Payment Bond and it shall be submitted prior to commencement. Costs for the Bond and other insurances are incidental to this Project. PERMITS AND STORMWATER POLLUTION PREVENTION PLAN Permits The following permits for the Project have already been obtained by Collier County or are the Contractors responsibility to obtain, as noted below. Copies of the all permits obtained by Collier County are attached. It is the Contractor's responsibility to read and understand all permits and permit conditions. 1. South Florida Water Manaqement District (S.F.W.M.D.) Permits Joint Application For Environmental Resource Permit/Authorization to Use state Owned Submerged Lands/Federal Dredge and Fill Permit (Noticed General Permit). Water Use Dewatering - Should a dewatering permit be needed 1 it will be the Contractor's responsibility to apply for and obtain a dewatering permit. The County will only provide the required sets of construction plans along with the corresponding application fee, if needed. TPA#1953633.11 GC-CA-I-9 (~ J 2. Collier County Rioht-of-Way Permit It is the Contractor's responsibility to prepare and submit application forms, and address any request for additional information from the Transportation Services Division RIW Permitting as needed. The Contractor is also responsible for preparing and submitting the Maintenance of Traffic (M.O.T.) Plan for review and approval by the Transportation Services Division RNJ Permitting Section. The County will only provide the required sets of construction plans along with the corresponding application fee. 3. National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit N.P.D.E.S. Description N.P.D.E.S. requirements applies and requires documentation to be prepared and signed by the Contractor before conducting construction operations/activities impacting more that one (1) acre, in accordance with the terms and conditions of the National Pollutant Discharge Elimination System (N.P.D.E.S.) Stormwater Permit, as required by Florida Administrative Code (F.A.C.) Chapter 62-621. The Contractor shall be for responsible for implementation, maintenance and inspection of stormwater pollution prevention control measures in accordance with F.A.C. Chapter 62-621 including, but not limited to, erosion and sediment control, stormwater management plans, waste collection and disposal, off-site vehicle tracking, and other practices shown on the Drawings and/or specified elsewhere in this or other specifications. The stormwater pollution prevention control measures shall include protection of offsite public and private storm sewer facilities potentially impacted during construction. stormwater facilities include streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and detention/retention areas. The Contractor shall prepare and review implementation of the Stormwater Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start of construction. Notice Of Intent (NOn Fill out, sign and date a Notice of Intent to Use Generic Permit for stormwater discharge from Large and Small Construction Activities 1 (F.D.E.P. Form 62- 621.300(4)(b)). Submit the signed copy of the N.O.1. to the County. The County will submit the completed form to the F.D.E.P. along with the required permit fee. Certification Requirements On the attached Operator's Information form, fill out the name, address and telephone number for the Contractor, persons or firms responsible for maintenance and inspection of erosion and sediment control measures, and all Subcontractors. TP A#1953633.11 GC-CA-I-10 ,- The Contractor and Subcontractors named in the Operator's Information form shall read, sign and date the attached Contractors/Subcontractor's Certification form. The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign and date the attached Erosion Control Contractors Inspection and Maintenance Certification Form. Submit all forms to the County Manager or designee before beginning construction. Retention Of Records Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's office from the date that it became effective to the date of project completion. At project closeout, submit to the County all N.P.D.E.S. forms and certifications, as well as a copy of the S.W.P.P.P. stormwater pollution prevention records will be retained by the County Manager or designee for a period of three (3) years from the date of project completion. ReQuired Notices The following notices shall be posted from the date that the S.W.P,P.P. goes into effect until the date of final site stabilization: 1. A copy of the submitted N.O.1. and a brief project description, as given in the S.W.P.P.P., shall be posted at the construction site and at the Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. Post a notice of waste disposal procedures in an easily visible location on site. 4. Notice of hazardous material handling and emergency procedures shall be posted with the N.D.1. on site. Keep copies of Material Safety Data Sheets at a location on site that is know to all personnel. 5. Keep a copy of each signed certification at the construction site and at the Contractor's office. TPA#1953633.11 GC-CA-I-11 OPERATOR'S INFORMATION , Owner's Name and Address: Contractors' Names and Addresses: General Contractor: Telephone: Site Superintendent: Telephone: Erosion Control and Maintenance Inspection: Telephone: Subcontractors' Names and Addresses: Phone: TPA#1953633.11 Collier County Stormwater Management Department 2885 S. Horseshoe Drive Naples, Florida 34104 239.774.8192 Phone: GC-CA-I-12 11.... (0 n .W j) CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.W.P.P.P. Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Add ress: Signature: Name: (printed or typed) Title: Company: Address: TPA#1953633.11 GC-CA-I-13 EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION 'il (-C I: l r-.. " I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.W.P.P.P. Signature: Name: (printed or typed) Title: Company: Address Date: TPA#1953633.11 GC-CA-I-14 :z ~1- a..D::: zO oQ. _w 1-0: Zw UJu >2 w<( 0:::2 Q.W ZI- o..~ . -I.,i, ...10 Oz Q.<( ~Z Wo !;(I- s:~ 0- :i:U) O':z a- t- t.!) L..: .8 L: .w u .s u co U OJ ~ QJ co '[ [5 ~ 10 a.. 0 c::: 0 1....P.ij:-ll:IO,jO,j,j.-ll 1 '-<.,' fi II " Ow WI- IX<( c1::0 0.- w>- o::m W 00 Zw <(0: z- w:::J 1-0 ZW <(D: :a: z :EO WI- ...10. m- oO: o::U o.~ o I- ZI- wx :it:) OW WJ: en z o ~ u o ....I (J) ...I o D::: I- Z o u ~v-vf"\-I- I;) NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-621.300(4), F.A.C.) ;......----~ ~~-----------~---------- This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62-621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document 62-621.300(4)(a)). The appropriate generic permit fee, as specified in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will not be granted without submittal of the appropriate generic permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type infonnation in the appropriate areas below. I. IDENTIFICATION NUMBER: Project 10 II. APPLICANT INFORMATION: A. Operator Name: B. Address: C. City: I D. State: I E. Zip Code: F. Operator G. Responsible Authority: Status: H. Phone No.: III. PROJECT/SITE LOCATION INFORMATION: A. Project Name: B. Project Address/Location: C. City: I D. State: I E. Zip Code: G. Latitude: 0 I Longitude: 0 I F. County: /I /I H. Is the site located on Indian lands? o Yes II. Water Management District: ONo J. Project Contact: T K. Phone No.: TPA#1953633.11 GC-CA-I-16 101' IV. PROJECT/SITE ACTIVITY INFORMATION: B. Approximate construction: D Large Construction (Project will disturb five or more acres of land.) D Small Construction (Project will disturb one or more acres but less than five acres of land.) total area of land disturbance from commencement through completion of Acres F~'-'" ~~N_:f' n~" ,...~ = - "'~- ::~~~" v~ '~,,\1,,~!.o~' ~~~~~~1~-~~~_~~-2 _ ~!~ D Address in Part II above address (specify below) D. SWPPP Address: E. City: D Address in Part III above D Other Start Date: F. State: G. Zip Code: Completion Date: V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): B. Receiving Water Name: VI. CERTIFICA TION1: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature: Date Signed: I Signatory requirements are contained in Rule 62-620.305, F.A.C. TPA#1953633.11 GC-CA-I-17 10l INSTRUCTIONS - DEP FORM 62-621.300(4)(b) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWA TER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR 122.26(b )(14)(x) or sma]l construction activities as defined at 40 CFR 122.26(b )(15), to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62-621, F.A.C., or an individual permit issued pursuant to Chapter 62-620, F .A.C. Where to File NOI: NOIs for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule 62-4.050(4) (d), F.A.C. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental Protection" Part I - Identification Number Enter the project's OEP identification number (generic permit coverage number) if known. If an 10 number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part II - Applicant Information Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity described in this NO!. The operator is the legal TPA#1953633.11 GC-CA-I-18 entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other Items G. - H.: Provide the name and telephone munber (including area code) of the person authorized to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part VI. Part III - Project/Site Location Information Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project. Do not provide a P.O. Box number as the street address. Ifit lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees-Minutes-seconds format, of the approximate center of the project. Item H.: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD= Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD = St. John's River Water Management District Items J. ...:.. K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this NOI, and who can be contacted by the Department if necessary. Part IV - Project/Site Activity Information: Item A.: Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one box only. TPA#1953633.11 GC-CA-f-19 ",.,; "Large Construction Activity" means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NO!. Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to filing this NOI. Item H.: Enter the estimated construction start and completion dates in the MM/OO/YY format. Part V - Discharge Information Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FOOT MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface waters of the State, leave this item blank or indicate "NI A" and skip to Item B of this part. Please note that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy of the completed NOI. Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.). Part VI - Certification Type or print the name and official title of the person signing the certification. Please note that this should be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule 62-620.305, F.A.C., requires that the NOI and any reports required by the permit to be signed as follows: TPA#1953633.11 GC-CA-I-20 101 A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state 1 federal or other public facility, by a principal executive officer or elected official. TPA#1953633.11 GC-CA-I-21 101 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER NOTICE OF TERMINATION (RULE 62-621.300(6), F.A.C.) ~~~ This form is to be completed and submitted to the Department to terminate coverage under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities_provided in Rule 62-621.300(4), FAC., and the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62-621.300(5), FAC.,_as well as the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), FAC. All information provided on this form shall be typed or printed in ink. I. TERMINATION INFORMATION: A. Facility/Project Number B. Reason for Termination: D No longer operator of the facility/project. Final stabilization criteria is met and all stormwater discharges associated with construction activity have D ceased (for construction activity only). J All stormwater discharges associated with industrial activity have ceased (for industrial activity only). D No longer meet the condition of "no exposure" (for industrial activity only). i I ~ ~-~..- ~ _-~~ e:0_~-.~._ ~- ~~- -~-~---__.~~~~~-.- -_~-~~ - ~ -----_~.--- ~_~=~ II. OPERATOR INFORMATION: A. Operator Name: B. Address: C. City: I D. State: E. Zip Code: F. Responsible Authority: G. Responsible Authority's Phone No.: H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.: III. FACILITY/PROJECT INFORMATION: A. Name: B. Address/Location: C. City: I D. State: I E. Zip Code: F. County: TPA#1953633.11 GC-CA-J-22 rn ( &..!l... \......' IV. CERTIFICATION2: I certify under penalty of law that all stormwater discharges associated with industrial or construction activity from the identified facility or project that are authorized by the referenced State of Florida generic permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure" outlined in Rule 62-620.100(2)(0), F.A.C.; or that I am no longer the operator of the facility or project. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge stormwater associated with industrial or construction activity under a generic permit, and that discharging pollutants in stormwater associated with industrial or construction activity to surface waters of the State is unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial activities. Signature: Date Signed: 2 Signatory requirements are contained in Rule 62-620.305, F.A.C. TPA#1953633.11 GC-CA-I-23 .q f' I, j l .~ ! :...i.~, INSTRUCTIONS - DEP FORM 62-621.300(6) NPDES STORMWATER NOTICE OF TERMINATION (NOT) Who May File a NOT: Permittees who presently are covered under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule 62-621.300(4), F.A.C., the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62-621.300(5), F.A.C., or the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), F.A.C. may submit a Notice of Termination (NOT) when their facility or project no longer has any stormwater discharges associated with industrial activity as defined in Rule 62-620.200(46) F.A.C.; stormwater discharge associated with construction activity as defined in DEP Document 62- 621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62- 620.100(2)(0), F.A.C.; or when they are no longer the operator of the facility or project. For construction activities, elimination of all stormwater discharges associated with industrial activity occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, and all stormwater discharges associated with construction activity from the construction site that are authorized under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (e.g., geotextiles) have been employed. Where to File NOT: One copy of the completed NOT shall be submitted to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 NOT Application Fee: There is no application fee for submitting a NOT. Additional Notification: If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4. For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of Intent (NOl) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall be provided to each additional contractor/subcontractor known to the permittee to be covered or claiming coverage under the permittee's NOI TPA#1953633.11 GC-CA-I-24 "f f"' I I: ; I ~ , ,.'1, \,.-._.1 and/or SWPPP. Contractors/subcontractors claiming coverage under a permittee's NOI must assure proper permit coverage for the duration of their regulated activity. Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the contractor/subcontractor relying upon the permittee's NOI from the required permit coverage or any potential enforcement action arising from the regulated activity. Part I - Termination Information: Item A: Enter the DEP Facility/Project Number for the facility/project. Item B.: Indicate the reason for termination of coverage. Part II - Operator Information: Item A.: Provide the legal name of the entity (operator) to which coverage was granted. Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code. Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to submit this NOT on behalf of the operator. This should be the same person as indicated in the certification in Part IV. Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish to provide this information, indicate "N/A" in the appropriate space provided. Part III - FacilitylProject Information: Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the facility/project site is located. Part IV - Certification: Type or print the name and official title of the person signing the certification. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports or records required by a permit. There are both civil and criminal penalties for submitting false information. Rule 62-620.305, F.AC., requires that the NOT be signed as follows: A For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.AC.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official TPA#1953633.11 GC-CA-I-25 101 Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC CONTROL SECTION A. Contractor Requirements (External): 1. Each Contractor shall maintain at least one employee on-staff that has obtained a Work Zone Traffic Control Safety Qualification from the International Municipal Signal Association (I.M.S.A) or an approved, equivalent qualification from the American Traffic Safety Services Association (AT.S.S.A), the Florida Department of Transportation (F.D.OT.) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. 2. Effective November 6, 2001, each Contractor shall obtain one of the above mentioned qualifications within sixty (60) days upon submission of a bid/quote or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown 1 loss of contract or failure to bid any additional Collier County Projects until qualification is obtained. 3. Each Contractor shall provide copies of qualifications, attached to company letterhead, to Collier County's Risk Management Department for documentation purposes. This file shall be evaluated for adequate qualifications prior to any contract being awarded. A complete copy of the Collier County M.OT. Policy is also available from Risk Management. Contact information can be obtained from Attachment # 1. 4. Maintenance of Traffic Policy Review shall be held during the initial pre- construction meeting in order to answer any questions that may arise regarding the Policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the Contractor's responsibility to make sure all questions and concerns are addressed. 5. Where right-of-way connection or work permits are required, the Contractor shall submit a Maintenance of Traffic (M.O.T.) Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The M.OT. Plan must be signed by the contractor's qualified "Work Zone" employee or developing agency and submitted to all applicable departments. 6. Specific permitting requirements shall be obtained from Collier County's Transportation Engineering and Construction Management Department, Collier County's Transportation Operations Department, Permit Section, or other applicable departments, as necessary. This must be done TPA#1953633.11 GC-CA-I-26 z::.;.~ Ii i~ ......=.. before any work begins. Contact information is available in attachment # 1. A copy of the M.O.T Plan must also be kept at the work location at all times. 7. In the event that the M.O.T Plan changes during the project, documentation of the change(s) shall be made by the contractor's qualified Work Zone employee and noted on the work-site M.O.T. Plan. The Contractor is not required to forward the changes to the M.O.T. Plan to applicable Collier County departments or their representatives, unless directed to do so. However, the Contractor will be required to show changes on the written M.OT. Plan and present them upon request. 8. The Contractor must ensure that all their employees and sub-contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's qualified Work Zone Safety Inspector will not be immediately available. 9. Emergency work that is being performed by a Contractor will not require the Contractor to submit a M.O.T. Plan. However, the Contractor must comply with all requirements, as previously described. 10.AII signs shown on the M.O.T shall comply with the current M.U.T.C,D. - Part VI or the 600 Series of Florida Department of Transportation Design Standards. 11.AII aspects of the current M.U.T.C.D. - Part VI and/or F.D.O.T Design Standards, 600 series shall be strictly followed and enforced at all times. 12. Every attempt shall be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The Contractor shall notify Collier County's TE.C.M. Department, Transportation Operations Department and/or the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane/road closures; however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. b. No roadllane closures will be permitted between the hours of 7:00 - 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at the discretion of the Transportation Services Administrator or designee. Emergency closures do not fall under these requirements. If an emergency closure is necessary during the times listed above, notification to applicable Collier County's departments must be made as soon as possible (within 1 hour). TP A#1953633. 11 GC-CA-I-27 1,.f',,\ '. .\ tJ c. The Contractor must also notify Collier County's Bureau of Emergency Services Division and/or any of the below listed agencies, when, the lane/road closure may cut off a standard route used by Fire, E.M.S., Police or other emergency agencies. The Contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. d. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible (within 1 hour) in the event of an emergency. Notification of project termination shall also be made to above-mentioned parties as soon as the project is completed. e. Closures on two-lane two-way roads must be limited, where possible, to single lane closures with traffic controlled by approved traffic control devices, flaggers, temporary traffic lighting and/or other approved means of work zone traffic control as specified within the M.U.T.C.D. (current edition) and/or the F.D.O.T. Design Standards (current edition). f. Lane closures on multilane roads should be limited to single lane closures, where possible. Where single lane closures are not feasible, Contractors shall submit justification for the closure of multiple lanes. The Transportation Services Administrator or his designee shall make final determination. However, where multiple lane closures create a greater hazard to pedestrians, bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike lanes, Collier County's Risk Management will have final authority over these closures. g. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g" to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. h. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. I. The Contractor shall prepare a detailed M.O.T. Plan where road closures are proposed. The detailed M.O.T. Plan must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be TP A#1953633. 11 GC-CA-I-28 101 used, and any other information deemed necessary according to state (F.D.O.T. Design Standards 600 Series) and/or Federal (M.U.T.C.D.) regulations. J. The M.O.T. Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of the Transportation Services Administrator or an appointed designee. k. If an immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Services Administrator or designee, the Permits Manager or an appointed designee shall be made as soon as possible (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County's Risk Management Department, the Transportation Operations Department or any Collier County Work Zone Inspector, the Contractor shall provide M. O. T. Plans at any time during the project. In the event that the approved MOT plan is not available or not being followed, the Contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. TPA#1953633.11 GC-CA-I-29 101 COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS - Department Contact Daytime # Weekday Weekend Fax # EMERGENCY # - Pager # Pager # Sheriff's OffICe Dispatch 239.793.9300 239.793.9300 Andy Vaniscak Mike Road Maintenance 239.774.8924 239.774.6406 Day: 239.417.6320 Eve: 239.417.6320 239.774.8925 Travis Gossard Jerry Tharp Wastewater Collections 239.5910186 239.253.8169 Water Distribution 239.530.6239 239.982.2215 239.982.2215 239.263.8619 239.732.2558 Victor Philogene Traffic Signals Bob Tipton 239.774.8260 239.982.3446 239.982.3446 239.213.5868 Day: 239.774.8260 Eve: 239.253.0458 Steve E. Ritter Traffic Signs Bob Tipton 239.774.8260 239.513.5798 239.277.4227 239.213.5868 Day: 239.774.8260 Eve: 239.253.0458 Greg Barlow Risk Management - Michael Dock 239.774.8283 239.774.8048 239.253.0921 Safety Engineer 239.774.8091 Risk Management - Safety Manager Purchasing 2397748407 239.732.0844 _. - Main Number t-vmmunity Liaison Connie Dean 239.774.8192 239.595.6545 239.774.9370 239.774.8365 239.253.5616 Diane B. Flagg Alternative Day: 239.213.5899 Transportation Director Bob Petersen 239.774.8192 Cell: 239.253.4982 Landscape Operations Cell: 239.253.2326 Bob Tipton Transportation Day: 239.659.5787 Day: 239.659.5782 Operations Director 239.659.5782 Eve: 239.598.3123 Cell: 239.253.0420 Permits Manager Mitch Riley Day: 239.213.5828 Day: 239.659.5767 239.659.5767 Cell: 239.253.3164 Public Utilities Fred Sexton Cell: Engineering Inspector 239.877.8288 Revision Date July 27, 2006 TPA#1953633.11 GC-CA-I-30 10 EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with the FOOT "Standard Specifications for Road and Bridge Construction" dated 2004, as revised to date. 2. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded to match existing. 3. Design Professional shall be responsible for initial survey control to be used for construction layout. Contractor shall be responsible for all construction layout. 4. Contractor shall field verify all existing culverts and structures in which connections are to be made. 5. Contractor shall be responsible for the cost of all backfill and concrete testing required. Testing shall include the following: A) Culvert 1) Bedding: Minimum of 2 tests shall be taken for every 100 lineal feet of pipe bedding installed. Testing shall be above the top of pipe. 2) Fill: Minimum of 2 tests shall be taken for every 100 lineal feet of fill installed over the pipe. B) Concrete 1) Concrete: A minimum of 3 concrete test cylinders shall be made and tested for each day's concrete placement for cast-in-place structures. 6. Contractor shall coordinate with all utilities for location of existing facilities and shall coordinate for all utility adjustment, and relocation required. 7. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FOOT Standard Index and the Manual of Uniform Traffic Control Device (MUTCO, Part VI). Contractor shall be permitted to close the roadway for a maximum period of four (4) weeks. 8. Contractor shall coordinate his work with all other County Contractors and workers. TPA#1953633.11 GC-CA-J-1 9 ...'. n. j n ,. j t EXBIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 WORK INCLUDED A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools. equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work 3. Delivering and installation or placement of material. 4. Excavation 1 dewatering, stabilization, sheeting, harnessing or bracing and backfilling. 5. Testing to meet requirements of these Specifications or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work and action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurements. TPA#1953633.11 GC-CA-J-2 1. n J n:,.,\J ~ c. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by Owner through the Engineer. PART 2 2.01 MEASUREMENT AND PAYMENT PAYMENT OF ITEMS A. Unless specified otherwise in the Bid Form, work under this Contract shall be measured and paid for as follows: 1. Mobilization/Demobilization: Measurement for mobilization/demobilization shall be by Lump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre- construction expenses necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Stormwater Pollution Prevention: Measurement for Stormwater Pollution Prevention shall be by Lump Sum for the project. The work shall include but not be limited to, those operations to prevent any stormwater pollution from occurring due to construction operations. This shall include instillation for floating turbidity barriers, silt fences, straw bales and other best management practices, and their maintenance during construction and subsequent removal upon stabilization of the improvements. 3. Maintenance of Traffic: Measurement shall be by Lump Sum for the project and payment shall be pro-rated during the construction based upon work completed. Work shall include the labor, materials and equipment for necessary routing of traffic around the construction site. Provide for safe pedestrian and vehicular access with signs, cones and markings to reroute traffic. Provide maintenance of traffic plan for approval prior to beginning of work. 4. Culvert Removal/Replacement: Measurement shall be by Lump Sum for all labor, material and equipment necessary for removal of the existing headwalls, culvert, storm sewer structures, pavement, valley gutter, sidewalk etc. and the installation of the new culvert, headwall, storm structures, valley gutter, sidewalk etc. Shall include but not be limited to excavation 1 backfilling, compacting and reconstruction. TPA#1953633.11 GC-CA-J-3 TPA#1953633.11 10 5. Pavement Reconstruction: Measurement shall be by Lump Sum for all labor, material and equipment necessary for the reconstruction of the existing pavement. Pavement reconstruction shall include a minimum of 25' each side of the culvert plus any additional areas disturbed. Shall include but not be limited to all excavation, backfilling, compacting, paving and restoration. 6. Miscellaneous Restoration: Measurement shall be by Lump Sum for all labor, material and equipment necessary to complete the miscellaneous restoration for the project. This shall include all items not covered under Bid Items and shall include but not be limited to rip- rap, final grading, sodding, cleanup, etc. 7. Water Main Deflection: Measurement shall be by Lump Sum for all labor, material and equipment necessary to complete the water main deflection if required for the project. This shall include all coordination with Collier County Utilities, pipe fittings, concrete, disilection (repair methadology) and flushing. GC-CA-J-4 1 0 I l' EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractors responsibility to read and understand all Permit and Permit Conditions. 1. South Florida Water Management District (SFWMD) Noticed General Permit County Obtained 2. NPDES/FDEP Generic Stormwater Pollution Prevention Permit County Obtained 3. Collier County Right-of-Way Permit Contractor Obtained TPA#1953633.11 GC-CA-J-5 101 EXHIBIT L STANDARD DETAILS PLANS AND SPECIFICATIONS PREPARED BY: Q. GRADY MINOR & ASSOCIATES, PA. AND IDENTIFIED AS FOLLOWS: RIVIERA GOLF ESTATES, LAKE INTERCONNECT - FLEUR DE LIS LANE. AS SHOWS ON SHEETS 1 THROUGH 7. DWG NO. 1. 2. 3. 4. 5. 6. 7. TPA#1953633.11 DESCRIPTION COVER SHEET AND INDEX OF DRAWINGS GENERAL NOTES SITE LOCATION/DETOUR PLAN SITE PLAN DRAINAGE DETAIL EROSION CONTROL PLAN/DETAIL MAINTENANCE OF TRAFFIC PLAN GC-CA-L-1 10/ EXHIBIT M PLANS AND SPECIFICATIONS FDOT Road and Bridge Construction Standards Dated 2004 are sited in plans -- any amendments post December 31, 2005 must be reviewed and accepted by Project Manager prior to approval for use. TPA#1953633.11 GC-CA-M-1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA#1953633.11 GC-CA-N-1 101 I I I I I I I I I I I I I I I I I I I I I I I I T 1 10! ~ CD- wu,5 c en ns c ii- ED W II 00 " " 0 CD .- - .. _ CD ,5D.. en en c ,- - .c t- o ",& CD '- > .. co _ CD - 'E CDD.. 0 u en u ~:c c ~ t- o::: en 0 ii ~" 0 'C S en CD W = > ns <( 0'- 0::: ::E ._ CD > u O~ " e CD e D..D:: t-<( 0 L ..- m" - I C/) CD .. 0 -w u CD .J: ::rt- ,_ ..c o E 0 ><<( > = I w:e .5z 0 l') C ~ w 0::: ... 0 CD t- 8 en = tJ) co + <( >- .. en'g ro = - -00- :J .- J! E ~ en o ... c u. D..- - c o ~ 'C u en CD C CD 1G c L I I I I I I I I I I I I I I I I I I I I I J ..- ..- c<) (") to (") l!) 0> ~ <( 0.. I- Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJoanI o/Yf~ Yfownty Yf~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097' Fax (239) 774-3602 October 5, 2006 Honorable Trudi Williams Representative, District 75 Florida House of Representatives 5621 Banner Drive Fort Myers, FI 33912 Re: Pre 2007 Legislative Session Workshop Dear Representative Williams: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Harmon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BeC Office Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 P/J~o/~~ ~~ ~~ 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 October 5, 2006 Honorable Denise Grimsley Representative, District 77 Florida House of Representatives 205 S. Commerce Ave., Suite B Sebring, FI 33870-3604 Re: Pre 2007 Legislative Session Workshop Dear Representative Grimsley: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Harmon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop'. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, ~~Q---- __ Frank Hal s, ChaIrman Board of County Commissioners FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office 1 ?13oan1o/'$'~ '$'owdy '$'~tJ 5 ," 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 ~ (239) 774-8097. Fax (239) 774-3602 'lORI" Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 October 5, 2006 Honorable Larcenia Bullard Senator, 39th District Florida Senate 8603 S. Dixie Highway, Suite 304 Miami, Fl33143 Re: Pre 2007 Legislative Session Workshop Dear Senator Bullard: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session: Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Harmon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, ~ Board of County Commissioners FWdlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 ~5 PJ3~o/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 October 5, 2006 Honorable Burt L. Saunders Senator, 37th District Florida Senate 3301 E. Tamiami Trail, Suite 310 Naples, Fla. 34112 Re: Pre 2007 Legislative Session Workshop Dear Senator Saunders: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Harmon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, ~~~~ Frank Halas, altm~ Board of County Commissioners FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office P/Joani o/~~ ~oanty ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 October 5, 2006 Honorable J. Dudley Goodlette Representative, District 76 Florida House of Representatives 3301 E. Tamiami Trail, Suite 203 Naples, Fla. 34112 Re: Pre 2007 Legislative Session Workshop Dear Representative Goodlette: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Hannon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates . Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJowd o/Yf~ Yfoamty Yf~ 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 October 5, 2006 Honorable Mike Davis Representative, District 212 Florida House of Representatives 3301 E. Tamiami Trail, Suite 105 Naples, Fla. 34112 Re: Pre 2007 Legislative Session Workshop Dear Representative Davis: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Harmon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PJ3~o/W~ W~ W~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 ,} 5 1. October 5, 2006 Honorable David Rivera Representative, District 112 Florida House of Representatives 3301 E. Tamiami Trail, Suite 305 Naples, Fla. 34112 Re: Pre 2007 Legislative Session Workshop Dear Representative Rivera: I would like to extend an invitation to you to attend the joint Collier County Board of County Commissioners and Collier County Legislative Delegation Pre 2007 Legislative Session Workshop scheduled for Wednesday, November 8 from 9 to 11 a.m. in the Board of County Commissioners chambers on the third floor of the W. Hannon Turner Building (Administration Building F), 3301 East Tamiami Trail, Naples. I sincerely hope your schedule will permit you to attend this workshop. The agenda is yet to be finalized, but will include a discussion of Collier County's proposed 2007 State Legislative Priorities. Please contact Debbie Wight, Assistant to the County Manager, at debbiewight@colliergov.net or 239.774.8383 to let her know if you plan to attend. Your consideration and cooperation are appreciated. Sincerely, ~ 00/""- ~-" . .,;-~ ~~ ~-Ha s, ChalimaIi Board of County Commissioners FH/dlw C: Board of County Commissioners James V. Mudd, County Manager David Weigel, County Attorney J. Keith Arnold & Associates Debbie Wight, Assistant to the County Manager Sandra Lea, Executive Aide to Commissioner Halas Sue Filson, Executive Manager, BCC Office ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLi,,6 A 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice. The completed routing slip and original documents are tu be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete rout ing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the . f h eh . ,. d 1 h h . 1 # I h h #4 I h h kl d DdS F'l exception 0 t e a1m1an s SIgnature, raw a me t roug routmg mes t roug , complete t e c ec 1St, an orwar to ue I son (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached Phone Number x C Agenda Item Number l~. L .....\ Number of Original Documents Attached t Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from j~ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ---- Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ~ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JJJ signature and initials are required. 5. In most cases (some contracts are an exception), the orit,rinal document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on /oll%(p (enter date) and all changes N/A is not made during the meeting have been incorporat~d ih the attached document. The an option for County Attornev's Office has reviewed the changes, if applicable. line 6. INSTRUCTIONS & CHECKLIST 1: Formsl County Formsl Bec Formsl Original Documents Routmg Slip WWS Original 9.0H'4, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: October 12, 2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-260 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A1), approved by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure J:. .-.l,: - ~ .!! ~.t. ,. 16A 1 RESOLUTION NO. 06-..2..fiQ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES UNIT FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGES 89 THROUGH 90; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE WATERWAYS OF NAPLES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 23, 1999 approved the plat of Waterways of Naples Unit Five for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Waterways of Naples Unit Five pursuant to the plat thereof recorded in Plat Book 33, pages 89 through 90, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Waterways of Naples Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this 10 i!) day of Ocl-cber ,2006. '. ......~ \ \Di\l1]~:, . \ <:) It L\~ , AITE'Sr:, ~. .... ..... DWIG. H... TE. BRF' CLERK. ~~~k At .'.' ,..' J;, 1~~ty Clerk s1gnaturt o.n 1 " ' Approved as to form and legal sUiJency; r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~-- FRANK HALAS, CHAIRMAN By: Item # , (vA-I Agenda i()IICI"~ Date '-'\,0 Je right As . tant Collier County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIPl 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oflice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .......'i. t::.' exception of the ehaim1an's signature, draw a line through routing lines # I through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information All original documents needing the Bee ehairman's sii,'11ature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number \-~ ~~ ~ Agenda Item Number llo . ., ~~s. b L 1.,;)\1 o~ Number of Original Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC j~ Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other parties except the BCC Chairman and the Clerk to the Board - 3. The Chairman's signature line date has been entered as the date of BCC approval of the ..tn document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JL\ signature and initials are required. 5. In most cases (some contracts are an exception), the orit,rinal document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. / Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines' 6. The document was approved by the BCC on IO/loIDb (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the chanl!es, if applicable. line 6. INSTRUCTIONS & CHECKLIST J: Formsl County Formsl Bee Forms/ Onginal Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05 .. MEMORANDUM Date: October 12, 2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-261 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A2), approved by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure l?A 2 RESOLUTION NO. 06--2..Q.J. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES UNIT SIX, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGES 91 THROUGH 95; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE WATERWAYS OF NAPLES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 23, 1999 approved the plat of Waterways of Naples Unit Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Waterways of Naples Unit Six, pursuant to the plat thereof recorded in Plat Book 33, pages 91 through 95, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Waterways of Naples Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this lo+'!J day of Oc..iDbex- ,2006. DA. iT!~.'.. 10/0-106 ATTeST:'. DWIGHT E. BOCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~-/ By: II tte-s s1gnatwr~ "~'} .'" Approved as to form and legal sufficiency: FRANK HALAS, CHAIRMAN Item # , loA-~ Je E right As' ant Collier County Attorney Agenda , O~ I 'OJ ~ Date ~ Y-' o,~;~d ,-tJ!l1~ Wt~ ~ sP;'Jty Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~ 6 jj 3"'~' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO " THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice. The completed routing slip and original documents are to be forwarded to the Board Offlce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the ehairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's sib'Tlature are to be delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached Phone Number xs=tS:l Agenda Item Number ~~ L...."H',J Number of Original Documents Attached \ Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC .JJj Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other parties except the BCC Chairman and the Clerk to the Board -- 3. The Chairman's signature line date has been entered as the date of BCC approval of the ..\!j document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~\ signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. / Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on /0 !to IMp (enter date) and all changes N/A is not made during the meeting have been incorporated i'n the attached document. The an option for County Attornev's Office has reviewed the chane:es, if applicable. line 6. INSTRUCTIONS & CHECKLIST I Formsl County Formsl BeC Forms! Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05 16A 't: .~'" ."J" MEMORANDUM Date: October 12, 2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-262 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A3), approved by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure 16A ";: :; RESOLUTION NO. 06--2..62 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES UNIT SEVEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 36, PAGES 72 THROUGH 77; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE WATERWAYS OF NAPLES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 13,2001 approved the plat of Waterways of Naples Unit Seven for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Waterways of Naples Unit Seven , pursuant to the plat thereof recorded in Plat Book 36, pages 72 through 77, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Waterways of Naples Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this {O~ day of 6c..tobe.r ,2006. DATE: /O[I2-/oto ATTEST: DWIGHT E.. SR.. FK: CLERK ~~b: Mt.,~ ~.t ~~,q~ur~l~~~r~ 1 ':'", '.' . . ..~ '"H'.J ," A~~i6~~lis ib~form and leg~l sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~~ FRANK HALAS, CHAIRMAN By: Item # r loA 3> ,I\genda Dat,Cl 10 ItDJ9b , right t Collier County Attorney -~~ )&Lf - DeAWfrib CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 1 6 A5 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of /tlot$. , 200 42, by Pulte Home Corporation, (hereinafter "Developer"), and the THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "the Board"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Del Webb at Ave Maria Parcels 101, 103, 104 & 105 (Ave Maria Unit 9). B. Chapter 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the paved roadways and sidewalks, drainage, utilities and like facilities, the required improvements, to be constructed pursuant to the specifications that have been approved by the Development Services Director within eighteen (18) months from the date of approval of said subdivision plat. 2. Developer hereby tenders its subdivision performance security (attached hereto as Exhibit A and by reference made a part hereof) in the amount of $1,213,658.19 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements as of the date of this Agreement. The developer has also provided a letter of credit as security to Ave Maria Utility Company, LLLP (AMUC) for the potable water system, and sanitary sewer system improvements. 3. In the event of default by the Developer or failure of the developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by the Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 1 6 A'5 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the approval of the County Manager of the required improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary approval by the County Manager or his designee. After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the required improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by the final approval of the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and respective successors and assigns of the Developer. 16 ,45 IN WITNESS WHEREOF, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives this Z Z"A day of ALO U• , 200 Cs SIGNED, SEALED AND DELIVERED IN PULTE HOME CORPORATION THE PRESENCE OF: a Florida limited liability company By: g/Pit �.r.� Print Name ✓ e Pregi Cert ;f ,( , t t i.rti ti', Richard McCormick,<<�' T .......•--- ,----r____-_ Print Name ' live,- (i 1c,1 S ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT 0Cj.,ERK OF COLLIER COUNTY, FLORIDA • M a VV ttotc_ ix- Clerk ` = Frank Halas, Chairman dt i P"MtR 3 Approveda's to'fo* `d legal sufficiency: Jeff E. ght Assistan ounty Attorney Bond No. 1018401 COLLIER COUNTY LAND DEVELOPMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation, 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter referred to as "Owner") and Lexon Insurance Company, 1919 S. Highland Avenue, Building A, Suite 300, Lombard, IL 60148, (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 2800 N. Horseshoe Drive, Naples, FL 33942 (hereinafter referred to as "County") in the total aggregate sum of one million two hundred thirteen thousand six hundred fifty eight and 19/100 ($1.213.658,19) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGA nON is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named A ve Maria - Del Webb and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of fmal acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2nd day of October, 2006. Witness: Pulte Home Corporation .~', - (' Vloy -1. (116~ u I, ) .' Oh' ) / ~ '.-' 'L'-L. t <..*~ t0~~ Calvin R. Boyd, Dir tor of Treasury Operations Witness: J~l ,,<~_Q.~zL. V' . __ Lexon Insurance Company ~a<-<-'>'l. l::I(. /~~ Dawn L. Morgan, Attorney-in-Fdct FL Lie. No. POl1322 LDCA:6 ACKNOWLEDGEMENT BYPRlNCWAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 2nd day of October, 2006, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations for Pulte Home Corporation, and as such employee, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26, 2012 , "-//)11rU_~t/-l , yf dL('(,yV (liJ Notary Public, Marcia G. Howard Oakland County, Michigan . ; , I "dt.UC, :5; ,\1I (..: .,UNTY OF O/;'!i.I.:' :(~ . ...~,..' . leY"'" ': ; ~. MH:033 POWER OF ATTORNEY Lexon Insurance Company LX- 013470 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Michael J. Scheer, James L Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L Morgan, Peggy Faust, Kelly A Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company, IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY BY r:;?/~~ , David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. 1--.-.-------.--- .OFFICIAl SEAl. l VOlA J. DEJONG NOTARY PUBUC STATE OF IlLINOIS L~ CO~~~ION ~..!l~..!'12flOO7 CERTIFICATE ~L. J bf"J Lydia J. Dejong Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 2nd Day of October ,20 06 ?1uJJ iJ, ~ Donald D. Buchanan Secretary I I z:l Del Webb at Ave Maria Parcels 101, 103, 104 & 105 (Ave Maria Unit 9) PRELIMINARY OPINION OF PROBABLE COST SUMMARY Drainage $238,701.00 Paving $499,586.15 Landscape & Irrigation $156,115.98 Irrigation $154,922.50 Street Lighting $54,000.00 SUBTOTAL $1,103,325.63 10% Maintenance $110,332.56 TOTAL $1,213,658.19 ~v JoIi6T. Wojdak # 58217 /lh~hC, Date J:\133-06 (Ave Maria) Del Webb at Ave Maria - Parcels 101, 103-1 05\Excel\133-Q6-01-County OPC - final revision for C&M Agreement 1 'r'" /e 11" :., ACKNOWLEDGMENT OF SURETY ST A TE OF ILLINOIS } } S.S. COUNTY OF DUP AGE } On Oc tober 2, 2006 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally Dawn L. Morgan , known to me to be Attorney-in-Fact of Lexon Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires on November 29,2008 "OFFICIAL SEAL" BONNIE J. KRUSE Notary Public, State of illinois My CommIssion Expires 11/29/08 "''''~'''^'''' "'..... " )/J . ~,:J /k~ / D1 nil '- C,/.'.- l? l#.::-/ (Notary Public - B'Onnie J.'Krtrse DRAINAGE Estimated Description Quantity Unit Unit Price Amount 15" RCP 259 LF $17.00 $4,403.00 18" RCP 615 LF $23.00 $14,145.00 24" RCP 318 LF $31.00 $9,858.00 30" RCP 2,597 LF $39.00 $101,283.00 18" Headwall 3 EA $1,100.00 $3,300.00 24" Headwall 2 EA $1,400.00 $2,800.00 30" Headwall 14 EA $1,950.00 $27,300.00 ADS Yard Drain (or equivalent) 6 EA $250.00 $1,500.00 12" HDPE 928 LF $16.50 $15,312.00 Valley Gutter Inlet 24 EA $1,885.00 $45,240.00 Gutter Inlet Type "9" 2 EA $2,500.00 $5,000.00 Junction Box 2 EA $2,000.00 $4,000.00 Grate Inlet 4 EA $1,140.00 $4,560.00 TOTAL = $238,701.00 1 ,6 /~ ";".'J, , PAVING Estimated Description Quantity Unit Unit Price Amount Signing and Marking LS $20,000.00 $20,000.00 Valley Gutter 14,768 LF $4.75 $70,148.00 Type "F" Curb & Gutter 985 LF $7.00 $6,895.00 Type" A" Curb & Gutter 745 LF $8.25 $6,146.25 4" Concrete Sidewalk (Reinforced) 5' Wide 8,610 SY $20.00 $172,200.00 3/4" Asphaltic Concrete (Type S-II1) First Lift 19,143 SY $2.15 $41,157.45 3/4" Asphaltic Concrete (Type S-II1) Second Lift 19,143 SY $2.15 $41,157.45 6" Limerock Base (compacted and primed) 19,143 SY $5.50 $105,286.50 12" Stabilized Subgrade 24,397 SY $1.50 $36,595.50 TOTAL = $499,586.15 LANDSCAPE AND IRRIGA nON Estimated Description Quantity Unit Unit Price Amount Trees (12') 380 EA $225.00 $85,500.00 Trees (10') 63 EA $175.00 $11,025.00 Shrubs/Groundcover 3671 EA $9.00 $33,039.00 Mulch 29178 SF $0.26 $7,586.28 Irrigation 29178 SF $0.65 $18,965.70 TOTAL = $156,115.98 16 Ii ~, .'i:.:'~" ,,:1 :- " -",,-,'-- IRRIGATION Estimated Description Quantity Unit Unit Price Amount 4" PVC Irr. Main (C900, Class 150) 5,441 LF $9.50 $51,689.50 4" PVC Irr. Main (C900, Class 200) 71 LF $10.00 $710.00 6" PVC Irr. Main (C900, Class 150) 2,172 LF $13.00 $28,236.00 6" PVC Irr. Main (C900, Class 200) 32 LF $13.50 $432.00 Connect to Existing Irrigation Main EA $3,375.00 $3,375.00 4" Temp. Blow-Off EA $1,250.00 $1,250.00 4" Perm. Blow-Off 3 EA $1,500.00 $4,500.00 4" Gate Valve 6 EA $730.00 $4,380.00 6" Gate Valve EA $890.00 $890.00 1" Single Irrigation Service, Complete 13 EA $400.00 $5,200.00 1" Double Irrigation Service, Complete 81 EA $500.00 $40,500.00 2" Single Irrigation Service, Complete 16 EA $860.00 $13,760.00 TOTAL = $ 154,922.50 -"-~'-__"""""'~'_.'~~"_'r. ,.-" ".--------... STREET LIGHTING Description Estimated Quantity Unit Street Lighting 54 EA Unit Price $1,000.00 TOTAL = 1 Amount $54,000.00 $54,000.00 ;~F . "'~.... ,! ,) 16J1? COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~day of ~A'Lt..\ol ,2007 between Ave Maria Development, LLLP, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. The Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Ave Maria Unit Two, Park of Commerce. B. Chapter 10.02 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $2,685,931.50, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by the Developers engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion either: a) notify the Developer in writing of his preliminary approval of 16A7 the improvements; or b) notify the Developer in wntmg of his refusal to approve improvements, therewith specifYing those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount ofthe subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 16A7 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~day of I'Y\tt('c~ ,2007. SIGNED IN THE PRESENCE OF: By: WitifJSS '1 (J(L Ill; t~,.ttY (;. .At CH./ . CARcl{VNA,SHAVV Paul J. Marinelli, President Barron Collier Corporation Managing General Partner of Ave Maria Development, LLLP Printed or typed name ~ . ~ j), aw ~'" KIM D. DAVlDSON Printed or typed name ,CLERK ~'OC BOARD OF COUNTY COMMISSIONERS OF COLLIER CO , FLO A ~'<~': '""'_ ' \c,~Y:; ., nt C~\t\,.-,)..~ . t~'-. "i'.,~.;,,' '.;:':5':\~' -. -~ :~-;~'.,: ....~ ~ By: .jAll~~ &\ to ,Chairman Approved as to form and Legal Sufficiency: /\ ( Jeff E. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only JIlW: the Board has taken action on the item.) ROUTING SLIP Complete routma Iincs 1# 1 throu8b If4 as appropriate for additional siJf1lltures, dltes.lIDdIor informatioo needed. If the document is already complete with the of the OIairm8n's . draw a line ' lines 1#1 #4 .. the cbec:tI' _ forward to Suo Filson ' #S. Route to Addressee(s) Office Initials Date . order --~ 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office -'~ PRIMARY CONTACT INFORMATION (The primary contIIct is the hoIdcr of the origiDlll document paIdiug ace lIppfOVaI. NormaUy the primary contIIct is the penclIl who ~ the exccutive 5U1D11111Y. Primary contIIct informatioo is neeclcd in the CMlIlt one of the lIlk:Iressccs above, indudinl Sue Filson, need to contIIct staff for additional or missing information. AD orisinaI cb:umems needing the Bee Chairman's sigmdure arc to be delivered to dte ace oft'ice only atb:r the BCC bas .1IlUd to approve the item. Name of Primary Staff Margaret Ramos Phone Number 774-8924 Contact Agenda Date Item was 10/10/06 Agenda Item Number 16B ved b the BeC Type of Document Adopt-A-Road Agreements Number of Original 5 Attached Documents Attached INSTRucnONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is I, Original document bas been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from comracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ib State Officials. 2. All handwritten strike-tbrough and revisions have been initialed by the County Attorney's Office and all other 'es ex t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date bas been entered as the date ofBCC approval of the document or the final D dated contract date whichever is licable. 4. ''Sign here" tabs are placed on the appropriate pages indicating where the Chairman's and initials are 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time ftame or the BCC's actions are nullified. Be aware of our deadlines! 6. TIle doeti_eat was approved by tile BeC on (enter date) and aD ehanges made during tlte meeting have been ineorporate4 in the attached doeument. The Conn A 's 0IIiee has reviewed the ehan ifa Ueable. I: Forms( County Forms( BCC Forms! 0rigiDaI Doc:umcms Routins Slip WWS OrigiDlll9.03.04, Revised 1.26.05, Revised 2.24.0S / .168 4 MEMORANDUM Date: October 11,2006 To: Margaret Ramos Adopt-A-Road Coordinator From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: (5) Adopt-A-Road Agreements: South Bay Realty, Huntington Lakes, Paradise Coastmen Barbershop Chorus, Sophie Estrada-ReMAX Elite Realty, and Naples Safe Driving Academy Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Item #16B4), as approved by the Board of County Commissioners on Tuesday, October 10,2006. If you should have any questions, please call me at 774-8411. Thank you. Encl osures( 5) 168 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The other signs already exist. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segment of roadways named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreements. FISCAL IMP ACT: The County is responsible for acquiring and erecting recognition signage at either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install (2) new signs at a total cost of $150.00. Remaining signage will come from existing inventory. Program expenses are budgeted in the Transportation Services Fund 101. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: Paradise Coastmen Barbershop Chorus, Huntington Lakes, South Bay Realty-Lesley Garlock & Nancy Kamenick, Sophie Estrada-REMAX Elite Realty and Naples Safe Driving Academy as the sponsors of the listed roadways and that the Board of County Commissioners authorize its Chairman to execute four (4) Agreements on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Supervisor, Road & Bridge Maintenance Dept. Attachment: Agreements (5) 16a 4 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this /v day of 1:j~-:?rJl --' , 20C7~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Naples Safe Driving Academy (hereinafter the "GROUP"), whose address is 2900 14th Street North Suite 37, Naples, Florida 34103. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Airport-Pulling Road from Radio Road to Golden Gate Parkway (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a .168 4 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. '1 .168 4 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. '1 168 4 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTES;J'l ~ , " ..' I,) DWIGHT'.E:' ~ROCK, Clerk ~~~k . flSt'l :I~> .0-. t ~JAlty Clerk 11i".~)>.R! II , .. -' , ~, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~-:e4?/ Frank Halas, Chairman GROUP: Naples Safe Driving Academy By: Item # l b6tf If .168 4 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this / D day of @c44~_j' 200-4 by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, South Bay Realty - Lesley Garlock & Nancy Kamenick (hereinafter the "GROUP"), whose address is 9136 Gulf Shore Drive, Naples Florida 34109 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Vanderbilt Drive from Vanderbilt Beach Road to lUtb Avenue North (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 168 4 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1 ,~.. , B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 .1684 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ../\ TIEST: . . DWIGIf.~ E.l~ROCK, Clerk .' ~LClk AtU.1tIJ to, ..."'" f.... qeputy Clerk S 1 QJl~tur1l. 0#1 :J BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~~ Frank Halas, Chairman B ~ 4 Item# J~-~l ~(,,~:~da l~LL~lclp [i~~te l~_~ R'~~~ ,r;'lh, ;-:::l~,-",.j, ~ 't""J \.....;Gl~'\ '1'-'" 16 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this /0 day of {} r: hl-<-'..J- , 2001; by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Huntington Lakes (hereinafter the "GROUP"), whose address is 2655 Creek Lane, Naples, Florida 34119 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Northbrooke Drive from Immokalee Road to Millcreek Lane (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a .168 4 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 l6B 4 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 168 4 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BR~K,.Clerk MuJn~k Jlttt!t n to 0\&1rua~puty Clerk S1gnltL~ 001 ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: .~~~ Frank Halas, Chairman GROUP: Huntington L~ By: ~~ ~~ ~'-" Name (print): '-..~. '- ~ ~~,,~It... '\. ",c.. '- Title (print): ~,,~.....,..~ "-1:;.?.~" Phone # (day): .~.:~~- "So...~-S~'b'6, Phone # (night): '"d. ~~.-~o..,,~-C:S\.o<b~ I :~2:n # J.lefi~-'" r'\gC'i'lda D3t:.: 4 ,168 4 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this 10 day of ~f:,,~~~, 200' by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Paradise Coastmen Barbershop Chorus (hereinafter the "GROUP"), whose address is 6159 Ashwood Lane, Naples, Florida 34110 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Thomasson Drive from Bayshore Drive to US 41 (SR 90) (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a ~ f r~ j,t)tj ~ [J rl :'ri~' safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 168 4 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 '1 :rJi.... E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. I . " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AITEST: ..' DWIGHT E. BROCK, Clerk ~.. Attest It b? Ch~ f naan peputy Clerk s 1 Qluturt G\i 1 By: ~->~ ----- Frank Halas, Chairman dise Coastmen Barbershop Chorus ~ 4A ~~ l--u.- . N e(print): 1?'~H;'f~i;) 1?Il..C1 Title (print): /'1,:'';<>, oeiU -r Phone # (day): 2.3"i. J--erJ. 0'7 v ( Phone # (night): .J.. Pl. J,..r7. a 1'" , By:' 4 I('..j~ r-?, "'. COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this /0 day of &r;~//j, 20o~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Sophie Estrada-ReMAX Elite Realty (hereinafter the "GROUP"), whose address is 320 17tb Street N.W., Naples, Florida 34120 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Wilson Boulevardfrom Golden Gate Boulevard to Immokalee Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a .168 4 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimwn of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the nwnber of people involved, nwnber of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 ~l L :; B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, Le., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. lbis Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 168 4 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. < I" . ,I "'. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: ~, ~'ft;:&k :~t',:'i~';;;'t ~.~' '."\'lw.n: peputy Clerk ;: '~ :\~ f if i. ';,':{" '$ 'l~~; i By: ~~~./ Frank Halas, Chairman GROUP: Sophie Estrada - REIMAX Elite Realty By: ';~,&[)#t:-2S ." . (print): Sop'h'C Estrada Title (print): K. eo \to I Phone # (day): i .1. 3q .2 89 - 43 4 & Phone # (night)::v~( 2J'CJ - 43 y" Approved as to form and gal s nciency: r~-. \Io~~ " . '0'(01 I ,,' j -1'..- Yr- 4 16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only!!k!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throu2"h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin2" order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners JAK 10/17/06 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774-8492 Contact Agenda Date Item was October 10, 2006 Agenda Item Number 16B(5) Approved bv the BCC Type of Document Developer Contribution Agreement with Number of Original 3 Attached Tousa Homes, Inc. Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/10/06 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) Yes N/A (Not A licable) 2. 3. 4. 5. 6. N/A Yes Yes N/A Yes I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 06- TRO-OOO93!3 1685 MEMORANDUM Date: October 19,2006 To: Jeffery A. K1atzkow Office of the County Attorney From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agenda Item #16B5: Developer Contribution Agreement with Tousa Homes, Inc. Enclosed please find one original document as referenced above (Agenda Item #16B5) which was approved by the Board of County Commissioners on Tuesday, October 10, 2006. One original has been taken to be recorded and the other has been sent to the Transportation Department. If you have any questions, please call 774-8411. Thank you Enclosures MEMORANDUM Date: October 19, 2006 To: Sharon Newman, Operations Support Manager Transportation Administration Prom: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: A Developer Contribution Agreement with Tousa Homes, Inc. Enclosed, please find a copy of the document referenced above (Agenda Item #16B5), as approved by the Board of County Commissioners on Tuesday, October 10, 2006. Should you have any questions, please call me at 774-8411. Thank you. Enclosure 16 ,':-:.'.~; -f:i\. .~~ 1635 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Clerk to the Board of County Commissioners (Attn: Trish) FROM: Jeffrey A. Klatzkow, Managing Assistant County Attorney (8492) DA TE: October 17, 2006 RE: Developer Contribution Agreement between Collier County and Tousa Homes, Inc. - Marbella Lakes (Agenda Item 16B(5), October 10, 2006) Attached are three (3) of the above-referenced (original) Agreements. After attesting by the Clerk, please record and retain one of the originals and forward the other fully-executed documents, and recording receipt, to this Office. Per Sharon Newman of the Transportation Department, please use the following information for payment of recording fees: FUND: COST CENTER: OBJECT CODE: PROJECT: 313 163673 649030 601711 Thank you. cc: Sharon Newman, Accounting Supervisor, Trans/Admin (w/attachments) Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 3919084 OR: 4124 PG: 2172 RECORDED In the OFFICIAL RECORDS of COLLIER COUNTY, FL 10/1912005 at 01:00PM DWIGHT E, BROCK, CLERK REC PEE 154,50 COPIES 18.00 DEVELOPER CONTRIBUTION AGREEMENT MARBELLA LAKES 16 B5 THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and entered into this ~day of(y---....\o\-.:,~-^' , 2006, by and between Tousa Homes, Inc., a Florida corporation ("Developer"), with an address of 12550 New Brittany Boulevard, Suite 101, Fort Myers, Florida 33907, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County ("County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13. R E C I TAL S: WHEREAS, GMAC Model Home Finance, LLC, a Delaware limited liability company ("MHF") is the owner of that certain parcel of real property located in the County, described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, pursuant to certain agreements between Developer and MHF, Developer holds an option to purchase the Property and is obligated to develop certain infrastructure improvements on the Property; and WHEREAS, the Property is intended to be developed as a residential community to be known as "Marbella Lakes" (the "Development"); and WHEREAS, the County has requested that Developer design, obtain permits for and construct Whippoorwill Way from the main entrance of the Community to the existing southerly terminus of Whippoorwill Lane at Stratford Place (the "Project"); and WHEREAS, Developer has agreed to undertake the Project on the terms and conditions set forth herein; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the Project is in conformity with contemplated improvements and additions to the County's transportation network and that this Agreement will be advantageous to the public; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement with the Board finding that: a. The Project is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Project, viewed in conjunction with other eXlstmg or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate OR: 4124 PG: 2173 1 ,CoR 5....-.. o '4Ii&~' " or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Project is consistent with both the public interest and with the County's existing comprehensive plan; d. The Project is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, Developer has paid the required Two Thousand Five Hundred Dollar ($2,500.00) application fee for this Agreement. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: I. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Attached as Exhibit "A" is the general location map showing the Development and the Project. Attached as Exhibits "BI-B3" are the Plans and Specifications for the Project. Developer, consistent with the requirements of all applicable laws and regulations, will design, obtain all permits and build the Project in accordance with Exhibits "BI-B3" and shall provide a construction engineer inspector approved by the County to oversee the Project. The County will also inspect the roadway to ensure it meets all applicable codes and regulations. Construction work and drainage improvements will be sufficient to meet South Florida Water Management District standards. Developer shall not change, revise or modify the Plans and Specifications without the prior written approval of the County. Construction will be programmed to commence no later then one year from the approval of this Agreement, and will be substantially completed within one year of approval of all permits, The County may extend the start date if the Developer is delayed in obtaining the necessary permits through no fault of his own. Developer will provide prompt written updates as to the status of the Project following written request by County Transportation staff. It is intended (but not guaranteed) that following completion of the Project, signalization shall be installed at the intersection of Whippoorwill Way and Livingston Road, if warranted. If installed, Developer shall pay its fair share of total costs incurred for the signalization of the intersection of Whippoorwill Way and Livingston Road, Developer's fair share shall be a percentage of the cost based on the number of users which will access the traffic signal. 3. Attached as Exhibit "c" is a Final Certified Estimate of Probable Costs prepared by Developer's Professional Engineer. As set forth in Exhibit "C," the estimated cost of the Project is $1,271,813.96. In the event that there are any changes in the plans or costs for the Project, Developer shall submit a change order to the County, and may petition the County for the 2 OR: 4124 PG: 2174 16. .i) 5.""'. D additional costs of the Project, as set forth in the change order. The cost estimate includes Thirty Thousand Dollars ($30,000) for mitigation costs. This amount is an approximation and is subject to changes in mitigation credit prices at the time the credits are secured, Except for mitigation costs, total project costs eligible for impact fee credits shall not exceed $1,435,131.32, which includes a 15% contingency factor. 4. Attached hereto as Exhibit "D" is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted pursuant to this Agreement, which shall be adjusted to conform to all approved change orders and actual mitigation costs, In the event that the actual cost of designing, permitting and constructing the Project is less then the Final Certified Estimate of Probable Costs, as modified by approved change orders, then Exhibit "D" shall be amended to reflect these reduced costs. These road impact fee credits may be assigned or otherwise transferred from the Development to another development by written agreement executed by the County, provided that both developments are owned by Developer and are within the same impact fee district. No such assignment or transfer of impact fee credits shall be allowed until the Development has been completed, and such assignment or transfer must fully comply with the Collier County Consolidated Impact Fee Ordinance. The credit for road impact fees identified herein shall run with the Development land and shall be reduced by the entire amount of each road impact fee due for each building permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the impact fee credit shall be calculated based on the amount of the impact fees in effect at the time the building permit is issued. It shall be the Developer's obligation to notify the County that a credit is available, each time a building permit is applied for in the Development. 5. The County shall grant to Developer a right-of-way permit over that portion of the Project which is located within the County right-of-way to enable Developer to complete the Project Improvements. 6. As described in Exhibit "E" (the "Dedicated Parcel"), approximately 4,000 square feet of land to be utilized in the Project is located on lands owned by MHF which is not otherwise reserved for County right-of-way. Within 60 days from written request by the County, but no later then Developer's completion of the Project, Developer shall cause MHF to dedicate and convey the Dedicated Parcel to the County, the fair market value of which parcel MHF and the County agree to be $18,365.48, which was defined in the Livingston Village PUD as fair market value at the time of adoption of the Livingston Village PUD. In exchange for such conveyance, the County shall provide to the then-current owner of the Dedicated Parcel, at County's option, the same sum in either cash or in road impact fee credits, or some combination thereof, in the manner set forth by the then-current Collier County Consolidated Impact Fee Ordinance. This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit "F". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. With respect to this provision, time is of the 3 OR: 4124 PG: 217516 5 essence. It is acknowledged that Developer's failure to cause the prompt conveyance of the Dedicated Parcel to County, as set forth herein shall result in actual damages to County, In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of $1 ,000 per day for each day past the above 60-day deadline that the warranty deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages, and may be used as an offset to the Impact Fee Credits granted herein. 7. The parties agree to perform or cause to be performed any and all further acts as may be reasonably necessary to complete the transactions contemplated herein, including, but not limited to, the execution and/or recordation of further instruments. The parties will reasonably cooperate with one another to coordinate and achieve the construction of the Project. 8. All notices, elections, requests, and other communications hereunder shall be in writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3) business days after being deposited in the United States mail, postage prepaid, to the above-listed address of the recipient; (c) the next business day after being deposited with a recognized overnight mail or courier delivery service; or (d) when transmitted by facsimile or telecopy transmission. 9. Nothing in this Agreement is intended to create a partnership or joint venture between the parties and none of the parties to this Agreement shall be construed under this Agreement as being partners or joint venturers for any purpose. 10. This Agreement is solely for the benefit of the parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and as~igns. 11. If any provision of the Agreement, the deletion of which would not adversely affect the receipt of any material benefits by any party to this Agreement or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 12. MHF shall have no liability whatsoever for any obligations hereunder. By execution hereof, MHF, as the owner of the Property, joins in and consents to the terms of this Agreement. 13. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. This Agreement contains the entire agreement among the parties hereto, and supersedes any and all prior agreements, 4 OR: 4124 PG: 217~ 6 r~ :> arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 15, In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 16, Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners, With this submittal, Developer shall also deliver to the County an attorney's letter attesting that Developer is an entity duly formed, validly existing and authorized to conduct its business in Collier County; that this Agreement has been duly approved by Developer; and that the person signing on behalf of Developer has the legal and corporate authority to do so. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon request. 17. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees, However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with 5 OR: 4124 PG: 217716 .r ~" j the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 OR: 4124 PG: 2178 16B5 WITNESSES: TOUSA HOMES, INC., a Florida corporation ~ Print Name: n\( u '--. --~ By: ~~v~ Print Name:J:cf' ~ Jc.-.ry\-p( COUNTY OF Lee- ) ) ss.: ) STATE OF FLORIDA The foregoing instrument was acknowledged before me this Zh'-f~ay of ~2006 by David A. Cobb, as Division President of TOUSA Homes, Inc., a ~oration, on behalf of the corporation. He is personally known to me or has produced as identification. ~~~wne: ff~ ~~?-- Notary Public, State of Florida My commission expires: kl ~ 5 j 2007 NOTARY SEAL """"~"'" SARAMAUVA (!f.f.';t:Y;;~ MY COMMISSION # DD 189544 ~i.~':,fl EXPIRES: July 5, 2007 ~'1.i';;;f\,<f.'~ BondedThru Nota"l Public Underwriters "'''" ~" 7 Attest: .' DWI9HT E. BROCK, Clerk ~ -, ~ l\.dCJ. Ath..t.. ~.. ,\o~ t'fo.. . ' Deputy Clerk , ~ .".. l.U \rfl<2: !"'lIaR S "if""'" .~ 1 .. 'r,J4.~.l t...1i~;:t ('':'1' f ~i '", ...:." ~ - .~ arm and legal sufficiency: latzkow ssistant County Attorney OR: 4124 PG: 2179 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: ~~___ FRANK HALAS, Chairman 8 16B5 OR: 4124 PG: 2180 "1 .,' 1. 1*"... V ,5 JOINDER AND CONSENT The undersigned hereby joins in and consents to the Road Extension Agreement to which this Joinder and Consent is attached. WITNESSES: ~. f"'-./ -~ Print Name: ~J~ STATE OF \/)'('1 Jl1) C/V COUNTY OF W-tMfico GMAC MODEL HOME FINANCE, LLC, a Delaware limited liability company ~~ By: f\. . -------- Print me: Mark P.Panlccla Title: Vice President ) ) ss.: ) The foreg<)ipg in~rUII?:ent ,was acknowledged before me this l day of 0:1~ 2006 by Jv(P( t ~tl tllC0C^-" , as lIP of GMAC . Model Home Finance, LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me or has produced aSIdentification. ------.. ~\\\\\\UlIUUIII/I~ # \'t\~ .~:. ~Jj~~ ~o~.: ;:,,'-~',\.':,:':-. ~~ NOTARy~i~."'''{,., ~ ~D'?fi r..-;," '.~ ~ S . :}'~ ",..,~ : =: OF = ~ ... . . .... a -. : S ~ -. .. ;:: \.~~~j;F:.,~# ~qlll=J\\\\\\~'\~ ~r';;,';%ame qi:::t1(( .u 6luk Notary Public, State of 1/ l!{t I ;Va... My commission expires: ~. -~I- O~ 9 OR: 4124 PG: 2181 LIST OF EXHIBITS ATTACHED TO AGREEMENT (TO BE FINALIZED AT FINAL DRAFT) Exhibit "A" Locus map Exhibit "B1-B3" Plans and Specifications Exhibit "c" Final Certified Estimate Exhibit "D" Impact Fee Ledger Exhibit "E" Dedicated Parcel Exhibit "F" Warranty Deed Example 10 1 i] !l- .6 tl5 Whipporwill to Livingston Connection OR: 4124 PG: ~1816 B 5 ~~\i \\ \ 1"4~ . .....,_ I " EXHIBIT "A" OR: 4124 PG: 2183 16 B5 , ... ... ~ eel 1 I I I D' /(//f :JJJtJ' <<111 9:AlL: ..~ _ WHIPPOORWILL lANE TRACT'R-f' (R.O.W., C.U.E.. P.U.E.. D.L) ANDAL UClA (PlA T BOOK 43, PAGE 93-97) T 4000:1: LF. 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".1::1 OS OOO'y:f lN3W3St/3 :M 'O.~ N ooD24'35" W 100.00' ~ =: i::' r-l ~"'" ~ ~ ~~~ ~ ~:s~ G ~~~. ~ ~~~ j..;:~ '-' ~ OR: 4124 PG: 21881 6 B 5 S: I I I 1"1 I I I I t...; [-I I C) I I ~ I I I I \ I I I I I I I I I 1 I I I I I I ~ i_iJ I ;) ) ~~ I I I :":s I I I ~I I I I ~::lj e:i ~ ~ It ;';t~ :;:.' l:::) ~c::i C> ""t- ~ CI) ....: Q,: I-- ~ '$ N~ ""') ~~ ~ I ClCjL.J Q:l ~~ ,,<0::> i::::: I-"-C'oo;j IS ~~ 9:: ;i::CJ)t:l ~ Q,:~ ~ ~C!)~"" ~ ~ Cl :'t: ~ c::s '" ~ LlJ Q:; ~ CI) (Q ~C5 It Q :c:t: ":t- ::::> c:' ~ -J l.1j lJ:l ~ ~ .... ~ ~~ ~ - ~CI)~~ !!:l LI.J ~ -J ll.~~(..) ~ IJ.j ~ ooq:~~ ~ I...... -.j 'C( j..:.. oq: R) Cj ~ G ::t: ...... t.:::: (..) ~ ~:-Jo> ~ Ci:l1.i- ~ ~ ~~ ~ g CI) ~~ V) ~ t:..i = ~ o .... C5 ~ ~ ~ ..,"" ~~ ~~~,-,""~ ~~~ai~~>- :;g""~;:i~~~ !..It;:s~~::::.ol O~.....t<J<>:>-O '-''''''''\r)-J'-'.!. Q ~~~~~~~ .., i:S""~o~<;:)",,, ,c;., .........~(.) G- LlJ II II c;:; "" II II (!) !Xi"" II II II "",.. l.I.J cS!Xi""""ll::::::;cS -J Q,:....;c:;....:cSc:..5ll:: ~~ ~ in -.. ~ <y in ~~ ~ ~ ~ ~~~Ol ~. t')0i'~ t3~ Kl~ ~s:::s>..~ ~::::> ~~~~ '. ~ ~~ 0 ~~ ~ ~ rJ~ ~ ~~Q "'~ ..... rti '" 0 ~ ~ "l:~ ::: ~ ~ · ~~ J. ~ s:::~~~""'ll ~ ~ o~ ~ rs ::::0.....[<:;0 ~ ~~~ t\J~ ~ ~ t')~ --';':"'l: ~~ ~ ..~ '-SS1~~~ <::l).~ ~ ~ ~ '-i ~ tj 1;?l ~ ~ ro~!3~ " l5~bl .... S1-"~ C,,)~~~ ~~~~ i::!::lj~ ~ ..... ~ ~ ~ :; ~ ~ ~ OJ <::l >.. ~ ~ ~ ~ ..... II CI) .;..; ~ 'C( ~ ~ ....~ ~ ~ o~ tij ~l..u *** OR: 4124 PG: 2189 *** 1 b". ..,""'".'5" ,0 PROJECT NAME: PARCEL NO(S): PARENTTRACTFOUO NO. WAARANTY DEED THIS WARRANTY DEED made this ~ day of . 20._. by, {hereinafter referred to as "(3ranto"). whose post offico box is (ADDRESS] toCOLUER COUNTY. a pOlitical subdiVision of the State of Florida. its Sl..lCOOSsors and assigns, whosGpost office address is 3301 Tamiarnl TraliEasl. Naples. Florida, 34112 (here!nafter referred 10 as "Grantee"). (Wherever used herein the tenns .Grantor' and .Grantee" includ& all the parties to this Instrument and their respective heirs. legal representatives. successors and assigns.) WITNESSETH: That the Grantor, for and ifI consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases. conveys and confilTlls unto the Grantee, all that certain land situate in CoIliorCounty, Florida, to wit: see AttaChed Exhibit .A" which is IncoI'porated herein by reference. \....,..1.. ~ ~", Subject to easements. restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOlD the same ifI fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor Is lawfully seized ofsald land In fee simple; that tho Grantor has good right and lawfulaulhority to' sell and convey$aid land; that the Grantor hereby fully warrantsthetltle to said land and Will def&fld the same against the lawful claims of all pef$ons Whom$OG\It';lr; and that said land is free cf an encumbrances except as ncled above, IN WITNESS WHEREOF. the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: By; [GRANTOR NAME] (Signature) (Print Full Name) (Signature) (Print Fun Name) EXHIBIT "F" 16C2 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Contract Administration Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/304-4270 FAX: 239/530-6691 www.colliergov.net March 23, 2007 Michael W. Creed McKim & Creed, P.A. 1365 Hamlet Avenue Clearwater, FL 33756 RE: Amendment Exhibit #A-1 for Contract 06-3916 "Instrumentation, Controls, Telemetry & SCADA" Dear Mr. Creed: We are pleased to enclose your copy of the fully executed above-referenced amendment (Travel and Reimbursable Expenses). If there are any questions, please do not hesitate to contact me at 239/304-4270. Very truly yours, Dt=~ Contract Specialist Cc: Dennis McGee, PUED Bonnie Baer, Finance Clerk of Courts/Minutes & Records EXHIBIT A-I Contract Amendment # 06-3916 "Instrumentation, Controls, Telemetry & SCADA" <'{ ! , -J This amendment, dated February 27,2007, to the referenced agreement shall be by and between the parties to the original Agreement, McKim & Creed (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 06-3916 "Instrumentation, Controls, Telemetry & SCADA (McKim Creed)" This amendment shall add reimbursement for travel expenses. Travel expenses shall be reimbursed on a time and material bases as per Section 112.061 Florida Statue. Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other cost and expenses associated with activities and solicitations undertaken pursuant to this Agreement. In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A 1 -A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through January 23, 2008. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR: MCKim&~. BY:O '/ Accepted, ;na,d" ;;!,d-.. ,2007 BOARD OF COUNTY COMMISSIONERS COLLIER COUINTY, FLORIDA A. Street Lee, PE, VP Print Name and Title GP~ By: ~W'/fa~~ Dennis McGee, Project Manager Witness Je e C. Potter Asst. See DE~ENTDIR~. BY:.~ ~ f{. CONTRAC1" SP 1ST By: Exhibit AI-A 16 t'"", ~ 6 ~ ) ~ l' CO TRAVEL AND REIMBURSABLE EXPENSES Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost Rental car Actual rental cost Lodging Actual cost of lodging at single occupancy rate Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport Limousine limousine Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 16C4 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF AUGUST 14, 2007 10/11/2006 11:28 7322638 SOCIALSERVICE PAGE 02/02 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6 D 1 . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink IJ<<pcr. Mach to OI'lglnlll document, Orl~lnal dl'lcUrrllm~ should be hand delivered to the Banrel oa'Iec. The: completed routing slip II1'Id arllJlnal documents ere to be forwarded to the Board omcc only IJJm: Ibc F..ll'lml b. taIam action on Iha item.) ROUTING SLIP Complete rootin. Unes 1111hrou,sh 114 as approprllllte for lIddltianal slJMUrcs- dltc:ll,llJIdIor'llIformlltlon needed. lftbc document is a1needy camp_ widllhe ClXClllI:Itil'lll orlhc Chlllnnan'511an.wr.. draw II line thfoul!t l'OUtlnll lints #1 Chroullh #4. CORlllretC die cheotdlllt.lllld fbrtl1lrd to S~ FllsOll 'line illS). Route to Addreuee(B) Offiee Initials Date (lut in ftIUtI.. anler~ , 1.R.obert Zachary C01.lnty Attorney IZ.? to' f f-(;" . 2. Chairman Frank Halas Bee 3. 4. 5. Sue Filson, Executive Manager Board of County Commission.ers 6. Minutes and Records Cle:rk of Court's Office PRIMARY CONTACT INJI'ORMA TION (The prfma\)' contact Is the holdar oftha arlalnal document: pendlll. Bce approval. Normally the primery contact 191f1c pl'll'llOll who ~prcpetCd 1f1c excc:utlvo .ummary. Primary c:o~ iBformlldon Is noodcd In IIIe cvam OIJO of the lICIdfQACCS Ibove, IIlOlucliflS Sue PII,on, nocd to oontect .","for Iddldona1 or mlss!"s intbrmatfan. All original documents necdina the BCC ClIal.rman'. slllllllUre are to be delivered to CIte BCC omee only after the Bee has lICUld to approve the Ik:m.) Name of Primary Staff Marcy Krumbine, DJrector Phone Number 774-8442 Contact Human Services Apnda Date Item was 10/10/06 Agenda Item Number 16 ~Dl A . bY the BCC Type of DooumCllt Agreement with CHSI Number of OrIginal ] Attacbed Documents Attached J. INSTRUCTIONS & CHECKLIST Initial tbe Yes column or mark .oN/A'" i1\ the Nc)t Applicable column, whiohever is a 'ate. Orlainal document bas been signed/initialed for legal sufficiency. (All documents to be: signed by the Chainnan. with the exception ofmo$t letters, must be reviewed and signed by the Office of the County Attorney, This includes signatll1'e pages fi'om ordinances, AV\t) resolutions. etc. signed by the County Attorney's Oftlce and sipatu.re paces from ~..... contracts, alfClements, etc. that have been tully executed. by all parties except the Bee ChaJrman and Clerk to the Board and osllibl State Officials. All handwritten strike-through and revillions hI,ve been initialed. by the County Attorney'. nla Ot'ftce aud aU other os e the Bce Cblalrman and the Clerk to tbe Board The ChaiJ'mu's si&nature line date has bem entered as the date ofBCC approval of me document or the final ne tiated co~ date whichever Is licablc. "SIIII bere" tabs In placed. on tho appropriate pages mdicatiDg where the ChaJrman's Ii and initials are re 'red, In most cases (some conTt8Cts are an exception), the orllfual document and this routing slip should be provided to Sue FiJson in the Bee office within 24 hours ofBCC approval. Some d.ocu.m.enu are time sensitive and require fOrwatdlna to Tallahassee within a certain time &ame or the Bce's acti.0J'I$ 8l'O nuUifJed.l~o amm:l of our deadlines I The doe.....eat was approved by the BCC aD 10/1 0/06 (en tor date) and aU ellaDl1I @ made darlaa tile meetil1lllave been incorporated tn the attached document. The Coun Attune ~Il Office hal reviewed the ebB If. Ucable. 2. 3, 4. " 6. I: 1"0IlIIBI' Coooty FOI'l'III/ BCC Forms' onlinel Documents Routing SUfi WWS Orlilnlll 9.03.04. ReviflCd 1.26.05, ReviSed ;Z,24.05 16D 1 MEMORANDUM Date: October 11 , 2006 To: Marcy Krumbine, Director Human Services Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agreement with CHSI Enclosed please find one (1) copy of the above referenced document, Item #1601, approved by the Board of Cou nty Commissioners on Tuesday, October 10, 2006. Thank you. Enclosures ~16D 1 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners sign an agreement with Collier Health Services, Inc. for $235,180 of FY 07 funds to participate as a local match for the Low Income Pool Program for services provided on behalf of the Human Services Department in order to generate an additional $324,773 in Federal matching funds to be paid directly to CHSI for services for the most medically needy in Collier County. OBJECTIVE: That the Board of County Commissioners sign an agreement with Collier Health Services, Inc. to participate in the Low Income Pool Program for Federal Qualified Health Centers. CONSIDERATIONS: Collier Health Services,Inc., (CHSI) a Federal Qualified Health Center, has qualified to participate in funding with the Agency for Health Care Administration (AHCA) Lower Income Pool program. This program requires a local county match of $235,180 and will allow CHSI to draw down $324,773 in additional Federal funds as distributed by AHCA. Richard Akin, President and CEO of CHSI, has requested that Collier County Government, via the Department of Human Services, partner with his organization by providing the matching funds for his participation. In return, he has agreed to pay $276,337 of the county's low income or medically needed expenses as determined by the staff of the Human Services Department. CHSI will then receive the additional LIP monies to expand their comprehensive primary health care services for Collier's most vulnerable population at Horizons Primary Care Center and other sites. The Human Services Department will use a portion of the funds Collier County Government is currently expending through the LIP program as a local match for CHSI. FISCAL IMPACT: Participation in the LIP Program will provide an additional $324,773 for healthcare resources to Collier County to be expended by Collier Health Services, Inc., using current funding within the Human Services Department GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and sign the agreement with Collier Health Services, Inc., and authorize the expenditure of the local match of$235,180. Prepared by: Marcy Krumbine, Director, Human Services Department Created on 9/22/2006 10:04:00 AM .l6D 1 AGREEMENT THIS AGREEMENT is made and entered into this /D) oh \0 by and betweenCollier County, Florida, a political subdivision of the State of Florida/hereinafter referred to as "the County" and Collier Health Services, Inc., a Florida not for profit incorporated under the laws of the State of Florida, and a Federal Health Qualified Center hereinafter referred to as "Center". RECITALS: WHEREAS, Section 125.01 (1 }(e), Florida Statutes, authorizes the County to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law. WHEREAS, The establishment and maintenance of such programs are in the common interest of the people of Collier County. WHEREAS, The County desires to contract with the Center to provide payments for health care services for the medically needy residents of the County. WHEREAS, The Center is willing to provide payments for such services, subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE I SERVICES TO BE PERFORMED 1. The Center shall provide payment up to $275,337 for the following services in the manner as described : a. The Center and/or its sub-contractor shall provide payments for health prevention programs identified by the County to the Collier County Health Department. b. The Center and/or its sub-contractor shall provide timely responses to contract requirements. Responses to inquiries from the Public Services Division, County Health Department or designee regarding any aspect of payment of services being provided shall be as indicated below. c. The Center and/or its sub-contractor shall provide payments for emergency room, secondary and tertiary care for those patients determined eligible by the County Human Services Department. d. Secondary and tertiary services shall be provided upon the referring physician or designated physician's order. The referral order shall distinguish between a referral for specific therapeutic services and a diagnostic workup. e. Nothing in this contract shall be construed to limit access for a patient to any service provided by the Center that is medically necessary and approved by the County. 2. The obligation of the Center to provide any services pursuant to this Agreement, or to pay for services provided by other parties approved by the County pursuant to this Agreement, shall be contingent upon designated funds being paid to Center by the state or county in advance of the Created on 9/22/2006 10:04:00 AM 1 obligation of the Center to provide any services or to pay for any services. In the event that sufficient designated funds are not on deposit with the Center, the Center shall have no obligations under this Agreement. ARTICLE II PAYMENTS 1. The County shall make one payment of $235,180 to the State of Florida under the Inter Governmental Transfer Program (IGT). ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING 1. As the claims processing entity, the Center will provide quarterly financial reports to the County in such detail as required by the County. ARTICLE IV TERMS OF AGREEMENT AND TERMINATION 1. The term of this Agreement shall be October 1, 2006 through September 30, 2007 with no renewal. 2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. In the event of termination, the County shall pay for services rendered, prorated to the date of termination. The County shall continue to pay for any inpatient receiving services on the date of termination until the discharge of such payment. 3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, telegram or in person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 4. It is further agreed that in the event general funds to finance all or part of this Agreement do not become available, the obligations of each party hereunder may be terminated upon no less than twenty-four (24) hours notice in writing to the other party. Said notice shall be delivered by certified mail, telegram or in person. The County shall be the final authority as to the availability of funds and as to how any available funds will be allocated among its various service providers. ARTICLE V ASSIGNMENT The Center and/or its sub-contractor shall not assign or transfer this Agreement, or any interest, right or duty herein, without the prior written consent of the County, which 2 Created on 9/22/2006 10:04:00 AM 16D 1 consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County, the Center shall be allowed to assign or transfer this Agreement or any of the Center's obligations hereunder to affiliates or wholly owned subsidiaries of the Center. This Agreement shall run to the County and its successors. ARTICLE VI SUBCONTRACTING The parties agree that the Center shall be permitted to execute subcontracts for the purchase by the Center of such services, articles, supplies, and equipment, which is both necessary and incidental to the performance of the work, required under this Agreement. However, the Center expressly understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VIII INSURANCE, SAFETY AND INDEMNIFICATION 1. Indemnity. The Center and/or its sub-contractor shall indemnify the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from the Center's failure to pay for services as directed by the County. The County shall indemnify the Center against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or in any way connected with the performance of the County's responsibilities under this Agreement including the County's review of all invoices to insure that no violations of state of federal laws, rules or regulations occurs in payments made pursuant to this Agreement. 2. Insurance Required. The Center maintains insurance as described in the attached Insurance Exhibit that fully satisfies the insurance requirements of the County. ARTICLE IIIV BILLING PROCEDURES The Center has standard, acceptable billing procedures that the Center will utilize in the performance of its obligations under this Agreement. The County shall direct the Center to make payments pursuant to this Agreement once the County has verified the validity of the invoices to be paid by the Center. The Center will not pay any invoices prior to the County's approval. The Center shall make payments to specific healthcare programs and services, such as the health programs at the Collier County Health Department that are pre-approved by the County for payment. The Center shall use reasonable efforts to pay invoices approved by the County within thirty (30) days of County approval. For the healthcare services provided by the Center, the Center shall be reimbursed at the federally approved Medicare rates. The County shall be responsible for verifying invoices for such services prior to reimbursement to the Center. The Center has the right to bill the balance 3 Created on 9/22/2006 10:04:00 AM 16D 1 to the patient for any difference between the Medicare rate and the amount the Center is paid pursuant to the County's authorization. ARTICLE IX RECORDS 1. The Center and/or its sub-contractor shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The Center and/or its sub-contractor shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond this period the records must remain available until any litigation, claim or audits have been resolved. Any person duly authorized by the County shall have full access to and the right to examine any of said records during said period. Access to PHI shall be in compliance with federal laws and HIPAA. ARTICLE X CIVIL RIGHTS 1. There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. The Center and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. The Center and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Center and/or its sub-contractor shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE XI OTHER CONDITIONS 1. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. 2. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 4 Created on 9/22/2006 10:04:00 AM ,.~ 6D 1 3. The Center and/or its sub-contractor shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Center and/or its sub-contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Center and/or its sub-contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY a./'? -~~~ By: ~'k , .~ f CEo Title: ATTE~} j . By: !/t/~ Date: Q(Z5/D & ~;"~; =~0 - 1~':'~::'''c''Y \ ;';"j !9~ ~__ r ~ ._,(;-..~\,:r:~-~.;--- 5 i.~_.. ._., .....".~,..._.-~."....~~.._..,. 16D2 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF AUGUST 14, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIII. 6 F 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofl1ce. The completed routing slip and original documents are to be forwarded to the Board Ot1lcc only after the Board ha~ taken action on the item.) ROUTING SLIP eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the exception of the Chairman's silffillture, draw a line through routing lines # I through #4, compll:tc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!!. order) 1.--------------------------------- 2. .--------------------------------- 3. .--------------------------------- 4. .--------------------------------- 5. Sue Filson, Executive Manager Board of County Commissioners e f\ ('~- it:)ic}rl.i , . 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC otl'ice only after the BCC has acted to approve the item.) Name of Primary Staff Artie Bay Phone Number 530-6285 Contact Agenda Date Item was 10/10/06 Agenda Item Number l6F3 Approved bv the BCC Type of Document Memorandum of Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_IO/10/06 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. rP n/a nla 1: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 16F 3 MEMORANDUM Date: October 11, 2006 To: Artie Bay EMS, Operations Analyst From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement Enclosed please find the one original copy of the above referenced document (Agenda Item #16F3), adopted by the Board of County Commissioners on Tuesday, October 10, 2006. Please forward on for signatures and return a fully executed original document back to the Minutes and Records Department. If you have any questions, please call me at 774-8411. Thank you. Enclosure MEMORANDUM OF AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF HEALTH And COLLIER COUNTY EMERGENCY MEDICAL SERVICES .~ bF 3 I. Purpose. This Memorandum of Agreement (MOA) is entered by and between the State of Florida Department of Health, (hereinafter referred to as "DOH"), and Collier County Emergency Medical Services (hereinafter referred to as the "CHEMPACK Cache Location"), for the purpose of effectively responding to acts of chemical terrorism and other chemical emergencies posing a public health crisis. The Centers for Disease Control and Prevention (CDC) agrees to pre- position sustainable repositories of nerve agent antidotes ("CHEMPACKs") in locations in Florida. This MOA establishes the terms, conditions, and responsibilities between the parties for deployment, management, and maintenance of this federally owned asset. This MOA is subject to the provisions of all applicable Federal and State laws, regulations, policies and standards. II. Parties The Parties to this MOA are the State of Florida and the CHEMPACK Cache Locations. The DOH will carry out the responsibilities in this MOA on behalf of the State of Florida through its participation in the Strategic National Stockpile Program (SNS Program), implemented by the CDC. The Coordinator/State POC for the DOH will be: Patrick Gardner, Planning Manager, Florida DOH, Office of Emergency Operations, with physical/mailing address at 4052 Bald Cypress Way, Tallahassee, FL BIN A22 32399-1747. Business phone is 850-245-4444 ext 3938. The POC for the CHEMPACK Storage Locations will be: Dan Summers Printed Name Director of the Bureau of Emergency Services Title Emeraency Medical Services Name of Facility 2705 South Horseshoe Drive, Suite 202 Physical Address Naples, FL 34104 City, State, and Zip code L 239 ) 774 - 8459 Ext. Business Phone and Extension Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. III. Definitions. 16F '- ~. 'I -' For purposes of this MOA, these terms shall be defined as follows: CHEMPACK means the sustainable repository of nerve agent antidotes and other necessary and supporting equipment to care for individuals exposed to nerve agents, including but not limited to auto-injectors, bulk symptomatic treatment supplies, and self-monitoring storage containers. CHEMPACK is a component of the SNS Program. The CHEMPACK Project provides two types of containers: 1) The Emergency Medical Service (EMS) container is designed for use by emergency responders; materiel packaged primarily in auto-injectors. 2) The Hospital container is designed for hospital dispensing; materiel packaged primarily in multi- dose vials, for precision dosing and long-term care. Shelf Life Extension Program (SLEP) means the Food and Drug Administration's (FDA) shelf life extension program designed to maintain the readiness and effectiveness of pharmaceuticals over extended periods of time. The SLEP defers costs by extending the expiration date of stored pharmaceuticals rather than replacing stocks that have reached a set expiration date. Through centrally located automated monitoring devices, the SNS Program staff is able to ensure that conditions of CHEMPACK materiel comply with SLEP guidelines, thus enabling CHEMPACK to provide the State a long-term capability. SNS Program means Strategic National Stockpile Program (SNS Program), implemented by the Centers for Disease Control and Prevention (CDC). SNS Program Personnel, SNS Program POC, SNS Program CHEMPACK Logistics Team, SNS Program CHEMPACK Fielding Team mean individuals or teams working under the direction of the SNS Program and the CDC. State POC and Alternate State POC mean the Florida DOH statewide point of contact and the Florida DOH alternate statewide point of contact. Cache Location POC and Cache Location Alternate POC mean the designated point of contacts specific to the Cache Location. IV. State Responsibilities. The Florida DOH agrees to fulfill terms and conditions of this Memorandum of Agreement (MOA) as follows: 1. Provide authority or delegate authority for breaking the CHEMPACK container seal and use of the packaged products. 2. Designate a statewide point of contact (State POC) and an alternate statewide point of contact (Alternate State POC) for the CHEMPACK program. Provide corresponding contact information and notification of any changes in contacts. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 2 16F 3 3. Determine the quantity and type of CHEMPACK containers, required to meet state and local needs for first responders to respond to a nerve agent event (within stipulated budget constraints). 4. Develop a CHEMPACK Operational Plan for deployment, surveillance and maintenance operations as an addendum to Florida Comprehensive Emergency Management Plan (FL CEMP) and the Florida Department of Health Emergency Operations Plan (EOP). 5. Provide addresses of all cache storage location sites and ensure pre-coordinated access for SNS Program Personnel. 6. Ensure that cache storage locations meet size, environmental, and security conditions for storage of pharmaceuticals based upon the DEA, FDA, and SNS Program Storage Criterion. 7. Ensure proper disposal in accordance with applicable federal, state, and local regulations of expired CHEMPACK medical materiel and copies of the destruction documentation to the SNS Program. 8. Conduct joint inventories with the SNS Program Personnel upon initial placement and approximately every 18 months thereafter. Ensure a monthly security check is made of each CHEMPACK container seal. 9. Ensure quality control checks are conducted for environmental limits at cache locations and the submission of a monthly CHEMPACK Project Quality Assurance Assessment. 10. Ensure adequate transportation of CHEMPACK materiel in an emergency, to include coordinating with state, local officials and emergency planning members for use of vehicles, freeway routes, and airfields. 11. Ensure storage facilities have the capability to rapidly move CHEMPACK materiel as required. This may include, but is not limited to, hydraulic lifts, forklifts, loading docks, or ramps. 12. Provide a list of personnel with access to the CHEMPACK containers at each cache location to the SNS Program POC at the time of fielding, and update as changes occur. 13. Ensure cache storage locations correct non-complying environmental and security conditions identified by SNS Program POC in a timely manner. Notify the SNS Program CHEMPACK Logistics Team within two hours if a CHEMPACK cache storage location loses climate control. 14. Coordinate with SNS Program Personnel to ensure security and environmental conditions are met for CHEMPACK materiel during any non-emergency movement (Le., special events). 15. Notify the SNS Program within 24 hours of an emergency deployment. The deployment report should identify the amount of CHEMPACK expended and the amount of materiel returned to the container. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 3 16F 3 16.ln the event of a non-emergency use or compromise of CHEMPACK materiel; the state will report the loss to the SNS Program as soon as possible following discovery. Within 48 hours of the discovery of the loss the state must submit a report documenting the circumstances resulting in the loss and providing an inventory of materiel lost or destroyed. v. CHEMPACK Cache Location Responsibilities. The CHEMPACK Cache Location agrees to fulfill terms and conditions of this Memorandum of Agreement (MOA) as follows: 1. Authorize breaking the CHEMPACK container seal and use of the packaged products when an accidental or intentional nerve agent release has threatened the medical security of the community; has multiple lives at risk; is beyond local emergency response capabilities; is beyond local pharmaceuticals supplies; and the materiel is medically necessary to save lives. 2. Designate a Cache Location Point of Contact (Cache Location POC) and a Cache Location Alternate Point of Contact (Cache Location Alternate POC) position for CHEMPACK and provide contact numbers for normal business hours and after hours to the Florida Department of Health (DOH). Notify DOH at (850) 245-4693 of any changes in contact personnel within one business day of assignment of a new Cache Location POC position. 3. Identify a pharmaceutical or medical professional with a Drug Enforcement Agency (DEA) registration for the Cache Storage Location that will sign for and accept custody of the Schedule IV controlled substances and other pharmaceuticals in CHEMPACK containers. That person will be responsible for the storage and safeguarding of the DEA compliant container in the facility and ensure compliance with applicable local, state and federal regulatory guidelines. Provide the custodian's name, license number, and contact information to DOH at the time of scheduled delivery to a cache location. Notify DOH of any changes in contact personnel within one business day of assignment of a replacement with DEA registration. 4. Develop a plan for CHEMPACK deployment, surveillance and maintenance operations. The plan may be an annex to the facility all-hazards plan. The plan should address: asset placement; distribution; coverage areas; procedures for control, authorization and use of CHEMPACK assets; access coordination procedures to include how materiel could be shared with health care facilities within the coverage area; and submission of reports that may be required. Provide copies of this plan to the Florida DOH State POC, the Regional Emergency Advisors (RERAs), and the county Emergency Managers within 4 months of receiving CHEMPACK materiel. 5. Ensure adequate transportation of CHEMPACK materiel in an emergency, to include coordinating with state, local officials and emergency planning members for use of vehicles, freeway routes, and airfields. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 4 .16F 6. Ensure storage facilities have the capability to rapidly move CHEMPACK inateri~s required. This may include, but is not limited to, hydraulic lifts, forklifts, loading docks, or ramps. 7. Ensure that cache storage locations are of a suitable size; designed to provide adequate lighting, ventilation, temperature control; provide sanitation, humidity, and space and security conditions for storage of pharmaceuticals; and conform to the CHEMPACK storage standards listed in the CHEMPACK Monthly Quality Assurance Assessment provided by the COC. 8. Ensure proper disposal in accordance with applicable federal, state, and local regulations of expired CHEMPACK medical materiel and provide copies of the destruction documentation to the SNS Program. Coordinate with State POC and SNS Program Personnel prior to disposal. Such disposal will not be at the Cache Site's expense. 9. Authorize access for joint inventories with the CHEMPACK Fielding Team upon initial placement and approximately every 18 months thereafter. Authorize access for monitoring or monthly security checks to visually inspect SNS Program seals on the CHEMPACK containers (in accordance with applicable federal and state regulations for the person signing for custody as duly registered with the OEA). 10.Authorize access for quality control checks at each cache location to ensure the facility's climate is within acceptable environmental limits and submit a monthly CHEMPACK Monthly Quality Assurance Assessment to document storage conditions at the cache location to SNS Program. 11.Allow CHEMPACK materiel to be shared with other requesting facilities according to the criteria set forth in this document. Unless arranged otherwise, the cost for transportation shall be reimbursed as agreed between the parties in a "Letter of Agreement" or "Mutual Aid Agreement." 12. Ensure proper security of CHEMPACK containers. Establish a list of personnel with access to the CHEMPACK containers at the Cache Location, disclose the list with the State POC, and update the list as necessary. 13. Ensure cache storage locations correct non-complying environmental and security conditions identified by SNS Program POC in a timely manner (usually within one hour). When conditions cannot be corrected within 12 hours, the SNS Program CHEMPACK Logistics Team will coordinate with the State POC to move CHEMPACK container(s) to an acceptable location to safeguard the quality or security of the materiel. 14. Notify State POC and the SNS Program CHEMPACK Logistics Team within two hours if a CHEMPACK cache storage location loses climate control. Any reports of materiel stored outside of the accepted storage range will be handled on a case-by-case basis. Outcomes could range from having the materiel remain in the SLEP to removing the materiel from the SLEP program and the State forfeiting the long-term sustainability of the resource. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 5 16/~- :l=...= t, l:; VI. Financial Considerations Except where otherwise detailed in this MOA, each party is responsible for its own costs. Any assistance provided by the State of Florida under this MOA and any assistance provided by the COC is subject to the availability of appropriations. The SNS Program is not currently funded to replace any CHEMPACK material used in response to an actual nerve agent incident. If such an event occurs, however, the SNS Program will cooperate with the State in attempting to secure federal funding to replenish/replace expended CHEMPACK material. Replacement of CHEMPACK material due to circumstances beyond the control of the parties, such as accident and natural disasters, will be negotiated between the State and the SNS program on a case-by- case basis. VII. Ownership The COC shall at all times retain ownership of CHEMPACK materials in storage. Subject to the terms of an MOA between the COC and the State of Florida, the COC has granted the State, and CHEMPACK Cache Storage Locations approved by COC, permission to use CHEMPACK materials in the event of an accidental or intentional nerve agent release that threatens the medical security of the community, puts multiple lives at risk, and is beyond local emergency response capabilities. VIII. Storage State and local agencies and CHEMPACK Cache Locations may only store the materiel provided as part of the CHEMPACK Project in the SNS-provided containers. State-owned and SNS Program-owned nerve agent antidotes may not be co-mingled in storage containers since co-mingled storage will compromise the SNS Program's ability to maintain the materiel under the SLEP. IX. Movement for Special Events The COC has authorized the State to move CHEMPACK for State-designated special events (e. g., National Special Security Events, Super Bowl, World Series, major political conventions, state fair, a major concert, and key summits) on a temporary basis. The temporary movement of CHEMPACK assets is subject to the following conditions: (1) the State POC or Alternate State POC must notify the SNS Program at least 48 hours prior to the preemptive movement of CHEMPACK containers; (2) the notification must be made telephonically or in writing (electronic or paper) to the designated SNS Program Personnel; (3) the State shall ensure that environmental and security requirements outlined in the MOA with COC are maintained throughout transport and preemptive deployment; (4) only locations hosting more than one container shall participate; and (5) any movement of CHEMPACK materiel not specifically directed by the SNS Program shall be funded by the State. If the CHEMPACK Cache Location wishes to move CHEMPACK, it must request permission from the State POC or Alternate State POC who will, in turn, notify the SNS Program in the manner described above. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section Xl. 6 X. Compliance with U.S. Drug Enforcement Agency Requirements ;16F - j The State agrees to comply with all applicable federal, state, and local requirements regarding storage, use, and handling of controlled substances. A non-exclusive list of federal requirements regarding the storage, use, and handling of these substances may be found at Title 21 Code of Federal Regulations Part 1301. In addition, the CHEMPACK Cache Location agrees to designate a pharmaceutical or medical professional with a DEA registration who will sign for and accept custody for controlled substances and other pharmaceuticals in CHEMPACK containers at each cache storage location. The CHEMPACK Cache Location designee will be responsible for the storage and safeguarding of controlled substances within the CHEMPACK container and ensure compliance with federal, state, and local requirements. The State POC must provide the custodian's name, license number and contact information two weeks prior to the scheduled delivery of a cache location. XI. Requests for Information Under 42 USC S 247d-6b, no federal agency shall disclose under 5 USC S 552, United States Code, any information identifying the location at which SNS Program materials are stored. To the extent permitted by law, the parties agree that neither will disclose the nature of this effort and the terms of this agreement to any person or entity, except as may be necessary to fulfill its mission and statutory and regulatory responsibilities. The parties agree to notify one another before releasing materials or information relating to CHEMPACK or this MOA pursuant to federal or state freedom of information act statutes or similar provisions in law. Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 F.S. XII. Liability Each party to this agreement shall be responsible for its own acts and omissions and those of its officers, employees and agents. No party to this agreement shall be responsible for the acts or omissions of entities not a party to this agreement. Neither party to this MOA agrees to release, hold harmless, or indemnify the other party from liability that may arise or relate to this MOA. XIII. Effect on Procedures and Laws All assistance provided under this MOA must comply with applicable laws, regulations, and agency policies. XIV. No Private Right Created This document is an internal agreement between the State of Florida and the entity with custody or control of a CHEMPACK Cache Location and does not create or confer any right or benefit on any other person or party, private or public. Nothing in this agreement is intended to restrict the authority of either signatory to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 7 xv. Settlement of Disputes !\i ~\:....;., ? The parties agree to good faith consultation with one another to resolve disagreements that may arise under or relating to this MOA before referring the matter to any other person or entity for settlement. XVI. Capacity to Enter into Agreement The persons executing this Memorandum of Agreement on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this agreement on behalf of the entity for which they sign. XVII. Effective Date, Modification, and Termination This agreement shall become effective upon the signature of both parties and shall remain in effect until otherwise agreed to by the parties. The terms of this agreement may be modified in writing upon the consent and signature agreement of both parties. This agreement may be terminated by either party at any time; however, the terminating party shall provide written notice to the other party at least six months in advance of the effective date of termination unless there is a critical violation of the terms set forth in this MOA. In the event of termination, all SNS Program equipment, related records, and/or other materiel generated by or for the CHEMPACK Project in furtherance of this agreement are property of the SNS Program and shall be returned to the SNS Program within six months of the termination date. CHEMPAC~.C . .~ BY: . _.~~~ Director or Designee Florida Department of Health BY: Secretary NAME/TITLE: Frank Halas. Chairman DATE: DATE: October 10. 2006 Approved for form and legal sufficiency: t~/Vl ~ , Item # .....{ (Pf-;-~"] "g",'a I 0 'I" /", _ I l)dle ~'-"'P, ~~t~d I Q,tH.L~ !\~ ~ . ~ .~. l'/)~ '~: <~ ,;' . ,,(, > f: :~K -~~~~~,Q Ix ; . '! .~'.. ;, Atu,t ;.~s t() '.c.,~. i "~nfl ') , 1 91\ I t i.A....:-<\i '.~ Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. J 8 Appendix I - CHEMPACK Container Contents, Cubes, and Weights EMS CHEMPACK Container with a Treatment Capacity of 454 ~ .c >C CD - .- .c .- ;; U 0 a. a III - III - c: .... l!? c: ea EO .c III C)CD .clll ~.- o ::s ea CD CD .. ~CD ._ CD :SCD C:.c .2>og U_~ CD.c _ III ::s .5 III CD c: III :E:U .- .c CD U CD c: ~J!c: .- ea a III ea a. :::lea CD.E 3:u ...J c: 3:5 00 ::s c: CD CD CDO ~ 0 CD.E CD- 1i::S 0 :::l:E iii III c: III c: CD a. ::sa. III >C 15 ea ._ III ea .- III Product ea 0 c: 0 ea 0 ea U) 0 EO :::l I- 0 0 Mark 1 auto-iniector with-240 kits Case 5 30 8 240 13.25 19 13.5 39.5 197.5 Atropine Sulfate O.4ma/ml 20ml-100 vials Case 1 25 4 100 6.13 5.63 13.5 12 12 Pralidoxime 1 am in; 20ml-276 vials Case 1 6 46 276 11.81 14 12.31 11.5 11.5 Atropen .5Ma.-144 injectors Case 1 12 12 144 14 10.5 19.18 16.8 16.8 Atropen 1 Mq.-144 injectors- Case 1 12 12 144 14 10.5 19.18 16.8 16.8 Diazepam 5mg/ml auto-injector-150 injectors Case 2 15 10 150 9.5 8.5 24.24 20 40 Diazepam 5ma/ml vial, 10ml-25 vials Case 2 5 5 25 6 6.5 2.75 1.8 3.6 Sterile water for iniection 20ml-100 vials Case 2 25 4 100 13 6.63 6 7.2 14.4 Subtotal of CHEMPACK contents 312.6 --- . . . . . ..' D. . . . . · . · I I I ~"5 >C CD _ .5 .c .5 .- 0 a..c _ _ c: ....l!? 1: ea EO C)1Il.c C)1Il .c1ll~'-1Il O::s ea CD CD .. ~CD _CD _Ill c:CD C)og _og ::s c: CD'- CD.c ogCD CD.c .- ::sea ~= a -= a. c:= :E:U ~.c ...JU ~~~15~ c: CD III 0 :::lo CD.E U CD.E 0 e- 0 :::l E g: = ~! =.5 g:.E =.5 g:a. ~.ga. Product ea 0 c: 0 0 ea 0 ea U) o EO :::l I- 0 0 Mark 1 auto-injector-240 kits Case 2 8 30 240 13.25 19 13.5 39.5 79 Atropine Sulfate 0.4ma/mI20ml-100 vials Case 9 4 25 100 6.13 5.63 13.5 12 108 Pralidoxime 1 am ini 20ml-276 vials Case 10 46 6 276 11.81 14 12.31 11.5 115 Atropen .5Ma.-144 injectors Case 1 12 12 144 14 10.5 19.18 16.8 16.8 Atropen 1 Ma.-144 injectors Case 1 12 12 144 14 10.5 19.18 16.8 16.8 Diazepam 5mg/ml auto-injector-150 injectors Case 1 10 15 150 9.5 8.5 24.24 20 20 Diazepam 5malml vial, 10ml-25 vials Case 26 5 5 25 6 6.5 2.75 1.8 46.8 Sterile water for injection 20ml-1 00 vials Case 28 4 25 100 13 6.63 6 7.2 201.6 Subtotal of CHEMPACK contents 604 Total CHEMPACK weight 764 Lbs. Note: The above weights and packaging are for planning purposes only. All weights are approximate, subject to change, and should not be used where exact weights are required. Manufacturer may change packaging of any product line without notification. Empty container tare weight: 160 Lbs. c: c: Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI. 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP~ 6 F 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents sbould be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP eomplete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the . f h eh . .' d r th h . r #1 h h# I h exceptIOn 0 t e aIrman s sIgnature, raw a me rougt routmg Illes t rougn 4, complete t e checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. ,-~---,..--,_._..,--.~~... '-"-~-"'--"-"'>- 2. ---_._.._---_..._,.__.~---- -- 3. ______8__' .-----".---- 4. -~"" "- "-". 5. Sue Filson, Executive Manager Board of County Commissioners I ! 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executivc summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents necding the BCC ehairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached Phone Number Agenda Item Number '.' 1/-, (.1' , I ' ,- f I (> ..... ~. ICe f- r- ei Yes (Initial) N/A (Not A licable) L '\ ,- r\.. ,~<, \'~ ) '!(~1 I f , Number of Original Documents Attached (I fl ( it" (' I: Formsl eounty Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1 11",i_. j I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on /( ( "(enter date) and all changes made during the meeting have been incorporated in he attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 2. 3. 4. 5. 6. MEMORANDUM Date: October 11, 2006 To: Christine Chase Emergency Management From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Federally-Funded Subgrant Agreement 16F Enclosed please find four original documents, as referenced above, (Agenda Item #16F5), approved by the Board of County Commissioners on Tuesday, October 10, 2006. Please forward for signatures and return a fully executed original document back to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosure( 4) ,ftl"" , ITEM NO.: FILE NO.: ROUTED TO: \ o ?-G'RC -O{jt)~~ DATE RECEIVED: 'U Jr::~ F ...;;;t" 5 REQUEST FOR LEGAL SERVICES GRANT ITEM - TIME SENSITIVE DATE: 09-18-06 FROM: Marlene Foord, Grant Coordinator, 774-8971 Christine Chase, Emergency Management, 417-6025 Name of project manager, Title, Phone Number /"'b /'" ~ _ ~ ~ c:~ "'-r p ~ ~~I L V N -<r'.' ~-~,.~ ~-~, ~d:= d' f'0:q :l .Lr" f'.) 1"1: . ~......,. m TO: RE: BACKGROUND OF REQUEST: The attached grant includes documents that require the signature of the Chairman of the BCC. The grant is scheduled for BCC approval on 10/1 0/06 This item HAS / HAS NOT been previously submitted under RLS # (CIReLE ONE) A TT ACHMENTS: Include the executive summary, grant application (even if in draft form, hut make sure all pages that require signature are FINAL), transmittal letter if applicable, and all other documents requiring the Chairman's signature or that require other legal review. Be sure to add a SIGN HERE sticker to each document that needs signature. 1. Grant Application 2. Executive Summary 3. 4. ACTION REQUESTED: Please provide legal review of the attached Federally-Funded Sub-Grant Agreement #07-DS-5N-09-21-01, Homeland Security Grant FY 07 DOCUMENTS THAT REQUIRE BCC CHAIRMAN'S SIGNATURE: (explain any specific instructions or requirements). 1. 4 Original Agreements 2. COMMENTS: This item is scheduled for the 10-10-06 Board Meeting. Tom Palmer, Assistant County Attorney will be added as an Approver for this item in Novus. Original documents will be delivered by Delivered with RLS and ready for signature 16F 5 EXECUTIVE SUMMARY Recommendation to approve Grant Agreement #07-DS-5N-09-21-01 between the Florida Department of Community Affairs and Collier County accepting $50,591 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds OBJECTIVE: Board of County Commissioners approval of an Agreement with the Florida Department of Community Affairs (DCA) and Collier County accepting grant funding of $50,591 for Homeland Security and Emergency Preparedness programs and initiatives. CONSIDERATIONS: The Federal Government has made available, through DCA, Homeland Security funds in the amount of $50,591 to be used to develop new and enhance existing Homeland Security and Emergency Preparedness plans and initiatives. Per the Agreement, the funds will be used to conduct exercises and training workshops, emergency planning activities, and the enhancement of Citizens Corps programs. Acceptance of the Agreement will enable Collier County to meet State and Federal mandates by continuing the development, upgrading and integration of Homeland Security plans into existing local, state and regional Emergency Plans, and provide training/exercise opportunities to local emergency response and volunteer organizations. The Agreement has been reviewed and approved for Form and Legal Sufficiency by the County Attorney's Office. FISCAL IMPACT: An increase, by Budget Amendment, of $50,591 to Fund 118, Emergency Management Grants for FY 07. No matching funds are required. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves Agreement #07-DS-5N-09-21-01 between the Florida Department of Community Affairs and Collier County accepting $50,591 to fund Homeland Security and Emergency Preparedness programs and initiatives, and approve a Budget Amendment to recognize and appropriate the grant funds. PREPARED BY: Christine Chase, Sr. Administrative Assistant Department of Emergency Management 16F5 MEMORANDUM Date: October 11, 2006 \ '~~~~::::c~~:agement ~ \ Teresa Dillard, Deputy Clerk ~ Minutes & Records Department Re: Federally-Funded Sub grant Agreement Enclosed please find four original documents, as referenced abo' Item #16F5), approved by the Board of County Commissioners OJ October 10, 2006. Please forward for signatures and return a fully executed orig document back to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosure ( 4) 16F5 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Team" JEB BUSH Governor CRAIG FUGATE Director November 2,2006 RECEIV~~ Mr. James von Rinteln, EM Coordinator Collier County Emergency Management 3301 East Tamiami Trail East Naples, Florida 34112 Ery;:,;.~_..",. i!',i~i1iGEME~n Dear Mr. vonRinteln: Enclosed is your fully executed Agreement between the Collier County and the Division of Emergency Management. Under section (13)(c), Notice and Contact, of this Agreement, you have been identified as the Representative of the Recipient responsible for the administration of this Agreement. Therefore, it is your responsibility to thoroughly read, understand and oversee the compliance of all the conditions within this Agreement. Attached is the complete package of forms identified in Section (7) (a) through (e). It is very important that these reports be fully completed and remitted within the time frames specified under Section (6). Failure to supply this information in a timely manner can cause non-compliance of this Agreement or a delay in processing your reimbursement requests. If you have any questions in this regard, please contact me at (850) 414-8538 or by e-mail: Chanda.Brown@dca.state.fl.us. zvvfJ Chanda D. Brown, Community Assistance Consultant Division of Emergency Management Grants Section CDB Enclosures 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016 Internet address: http://www.FloridaDisaster.orQ LONG TERM RECOVERY OFFICE. 100 SUNPORT LANE. ORLANDO, FLORIDA 32809 Phone: 407.858.5018 FAX: 407.850.7501 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2006 State Homeland Security Grant Program (SHSGP- #6) CONTRACTUAL FORMS and REQUIREMENTS 16F5 Quarterly Financial History Report! Status Report (Form 1 and Form 2): 1. These reports must be completed in full quarterly. These are required reports and must be submitted within 30 days of the end of each report period in order to be considered in compliance with the terms of the contract. 2. These reports are to include, but not be limited to, the work that has been completed, the work in progress and the timeline of the work left to be completed. If any delays from the original timeline have occurred, specify the reason and revise the completion timeline. 3. If expenditures do not occur during a given report period, Form 1and 2 should be submitted with complete information clearly linked to the project. Reimbursement Request (Form 3) and Detail of Claims (Form 4): 1 These forms are to be filed as needed. Complete Form 3 by filling in all items as needed. 2 The Detail of Claims form must accompany the Reimbursement Request form. 3. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. Claims are to be submitted to the following address: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BUREAU OF COMPLIANCE PLANNING AND SUPPORT FINANCE/GRANTS SECTION - Attn: (Grant Manager's name) 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form 5): 1. Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. 2. The contract cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of projecUprogram operations unless audits require a longer period of time. 2. Grantees should maintain a financial file with copies of back-up documentation for all paid projecUprogram expenditures made by the grantee during the grant period. Documentation of expenditures aoainst the prooram will be reviewed and verified durino on-site monitorino visits or when necessary bv the OEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. Backup documentation of expenditures should not be sent to the OEM. 3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. 4. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections. IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALL Y, PLEASE NOTIFY YOUR CONTRACT MANAGER 16r-s GRANTEE: (check one) QUARTERLY REPORTING DUE DATES JANUARY 1 - MARCH 31 - Due no later than April 30 APRIL 1 - JUNE 30 - Due no later than July 31 JULY 1 - SEPTEMBER 30 - Due no later than OCTOBER 31 OCTOBER 1 - DECEMBER 31 - Due no later than January 31 AGREEMENT # 1. Plannin Costs 2. Trainin Costs 3. Exercise Costs 4. Mana ement and Administration Costs 5. TOTAL EXPENDITURES TOTAL PAYMENTS PREVIOUSLY RECEIVED I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. This information must be clearly linked to the project TIMELlNE, DELlVERABLES AND THE SCOPE OF WORK. Report events, progress, delays, etc. that pertain to this project Attach additional pages(s) if needed) 16F5 Grantee Payment date Address Payment # Phone # Aareement # Aareement Amount COSTS INCURRED DURING THE PERIOD OF: I I through I I 1. Planning Expenditures $ 2. Training Expenditures $ 3. Exercise Expenditures $ 4. Management and Administration Expenditures $ 5. Total Expenditures $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer TO BE COMPLETED BY DEM STAFF TOTAL AMOUNT TO BE PAID ON THIS INVOICE AGREEMENT AMOUNT PREVIOUS PAYMENT(S) THIS PAYMENT REMAINING BALANCE en w D2 o o w l- e u o z i o ... ... o u. w ::r; I- u. o ::r; u e w IX o u. l- (/) ::::i :e o a:: u.. >- a:: o >-CJ IXw !;i: 00 01- Wo I-w euj u(/) =It I- Z W ~ W W IX o e ~ 1 5 e a. W en e !: ~ r:D :) en W en e W ... a. w W I- Z = o u.. o c o 1i: w 0- W J: I- CJ z 1i: ::J C C W a:: a:: ::J o ~ l- (/) o o CJ) W 0::: ::J ... C z w c.. >< W ..J ~ o ... 16F5 I- >en ~IU 0::) ~CJ lUlU I-~ 11II:1- Uz >IU a:I::E a:l1U 'It: ::E::) ~a:I O::E 11.- ::E~ OIU ~:I: 11.1- CI> IUZ =11II: DoDo ::E::E 00 Uu IUU a:l1III: 1-1- enen ::)::) ::E::E ::E::E ~~ 00 11.11. "':N THIS FORM IS BACKUP AND MUST ACCOMPANY THE REIMBURSEMENT REQUEST AND DETAIL OF CLAIMS, FORM 4A Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Overtime and backfill funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes. Grantees may also use G& T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici atin in G&T trainin . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Re ulations FAR must be followed. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending ODP-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). Other Items - These costs include the rental of space/locations for planning and conducting training, badges, etc. 16F5 Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or ContractorslConsultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Re ulations FAR must be followed. Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T exercises. Travel - Travel costs (I.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at htto://www.oio.usdoi.aov/odolexercises.htm#hseeo. Hiring of full-time or part-time staff or contractors/consultants: .. To assist with the management of the FY2006 SHSGP .. To assist with design, requirements and the implementation of the FY2006 SHSGP .. To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: .. HSGP pre-application submission management activities and application requirements. .. Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G& T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G& T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full - Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, please review the OJP Financia/ Guide at http://www.ojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: .. Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. .. Leasing and/or renting of space for newly hired personnel to administer programs within FY06 SHSGP. TOTAL 6rs 16 P"S This Form Should Be Completed And Submitted To The Department No Later Than Sixty (60) Days After The Termination Date Of The Agreement GRANTEE AGREEMENT # ADDRESS AGREEMENT AMOUNT CITY AND STATE AGREEMENT PERIOD 1 Plannin Costs 2. Training Costs 1. 2. 3. 4. 5. 6. 7. TOTAL 3. Exercise Costs 4 Mana ement and Administration Costs 5. TOTAL EXPENDITURES Total Funds Received From The Division of Emergency Management Agreement (column 4, Line 7) Less Total Grant Award Expenditures (Co!. 2, Line 7) Equal Balance of Agreement Owed to OEM Refund Due to State? Yes No If Yes, Refund Check Enclosed? Yes No If No, Enter Date Refund will be submitted Refund and/or final interest check are due no later than ninety (90) days after the expiration date of the Agreement. I hereby certify that the above costs are true and valid costs incurred In accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Make Check Payable to: Cashier Department of Community Affairs Signed Contract Manager or Financial Officer Mail to: Department of Community Affairs Division of Emergency Management 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399-2100 Date 1 6r:- 5 Contract Number: 07-DS-5N-09-21-01-'Z1 0 CFDA Number: 97.067 FEDERALLY.FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1,2006 and shall end January 31,2008, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 16F5 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 16f-; (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department of Community Affairs and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines 3 16F5 established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: au ri lIa. parrish@dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 4 l6p"5 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak'Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: au rilla. parrish@dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under 5 1. ..6;..r.~ .. t J Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates, reports or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such 6 1 6 ,r- ,... . ,I,..,,~ · .. .'tJ review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (1 0) DEFAULT. 7 16F5 If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 8 16F5 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 9 16F5 (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Chanda D. Brown Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 414-8538 Fax: (850) 488-7842 Email: chanda.brown@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: James von Rinteln, Emergency Management Coordinator Collier County Emergency Management 3301 Tamiamj Trail East Naples, Florida 34112 Telephone: (239) 774-8000 Fax: (941) 775-5008 Email: jamesvonrinteln@colliergov.net 10 1 ". ...' 6",,'" f,it. f~ ..." (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment 0 - Warranties and Representations 11 16 5 Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,591 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS 12 16 All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in 13 16 [':"5 J conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract 14 16F5 under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) I f otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 15 16 :e:: .I (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 16 16f-~5 continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 17 16 'JI'!, *1 ~'" (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. 18 16r-s IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. ReciDlent: COLLIER ~. BOARD OF COUNTY C IS lONERS ~ .,,~g By: - ~ - -- ,--"" Frank Halas, Chairman Ie/Ie J( (r I ( Date: FEID# 59-6000558 Approved as to Form and L gal Sufficiency ~ f'i Robert STATE OF FLORIDA DEPARTMEN~~FAIRS By: Name and Title: W. Craia Fuaate. Director Division of Emeraencv Manaaement Date ro (~'V \. ( 19 Item# llk~ J91gL~b I!.J~JfP 1\~Ji:~;'idG 'I DalC?, I. [:8::; ~ pr,'.' , I . '. 116 ,;t- ~ J "",. EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same infonnation shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Grants and Training - $50,591 97.067 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirementsfor each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements asfollows: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rulers), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 16F5 Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. . No more than 3% of the total award may be expended on Management and Administration costs by the Recipient. . At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. . The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award. Planning Training $49,118 State Homeland Security Grant Program - Issue 06 Collier County Emergency Management Exercises I , I 59a Management and Administration (the dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right. (Only 3% of line 59a can be allocated for each line item) $1473 21 16r-s Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 06 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via email or letter. Budget Detail Worksheet #06 - Eligible Activities Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) 49,118 Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess ofthe established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici atin in G&T trainin . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part.Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 22 16F5 Travel- Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending OG&T-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). Other Items - These costs include the rental of space/locations for planning and conducting training, badges, etc. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or ContractorslConsultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use G& T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T exercises. Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project( s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at htto:llwww.oio.usdoi.aovIOG&Tlexercises.htm#hseeo. 23 16 .F1:; fIiiii/t1:/ Hiring of full-time or part-time staff or contractors/consultants: . To assist with the management of the FY2006 SHSGP . To assist with design. requirements and the implementation of the FY2006 SHSGP . To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: . HSGP pre-application submission management activities and application requirements. . Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHS/OG&T data calls. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G&T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Com ensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, please review the OJP Financial Guide at http://www.ojp. u sdoj .gov/FinGuide). $1,000. Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. 1 $473. The following are allowable only within the contract period: . Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. . Leasing and/or renting of space for newly hired personnel to administer programs within FY06 SHSGP. TOTAL $50,591. 24 16'F':".~ ..::; Scope of Work Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 06. Planning, Training and Exercises for Local and Regional Efforts FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: Costs associated with implementing the National Preparedness Goal and Guidance Costs associated with implementing and adopting NIMS Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and Establishing or enhancing mutual aid agreements Developing communications and interoperability protocols and solutions Conducting local, regional, and tribal program implementation meetings Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC Designing state and local geospatial data systems Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancementsfdeployments. Developing related terrorism prevention activities including, including but not limited to the following: . Planning to enhance security during heightened alerts, during terrorist incidents, . and/or during mitigation and recovery. . Multi-discipline preparation across first responder community, including EMS for . response to catastrophic events and acts of terrorism. . Public information/education: printed and electronic materials, public service . announcements, seminars/town hall meetings, web postings coordinated through . local Citizen Corps Councils. . Citizen Corps volunteer programs and other activities to strengthen citizen . participation. . Conducting public education campaigns, including promoting individual, family . and business emergency preparedness; promoting the Ready campaign; andfor . creating State, regional or local emergency preparedness efforts that build upon . the Ready campaign. . Evaluating CIP security equipment and/or personnel requirements to protect and . secure sites. . CIP cost assessments, including resources (e.g., financial, personnel) required for . security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: . Developing or enhancing EOPs and operating procedures. . Developing terrorism prevention/deterrence plans. . Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. . Developing or enhancing border security plans. 25 16 . Developing or enhancing cyber security plans. . Developing or enhancing cyber risk mitigation plans. . Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans. . Developing public/private sector partnership emergency response, assessment, and resource sharing plans. . Developing or updating local or regional communications plans. . Developing plans to support and assist special needs jurisdictions, such as port . authorities and rail and mass transit agencies. . Developing or enhancing continuity of operations and continuity of government Plans. . Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. . Developing or enhancing evacuation plans. . Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: . Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans. . Conducting cyber risk and vulnerability assessments. . Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. . Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). . Activities that directly support the identification of pre-designated temporary housing sites. B. Training FY 2006 SHSP funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training- related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academieslinstitutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved training courses. SHSP may also be used for training citizens in awareness, prevention, protection, response, recovery skills c. Exercises SHSP funds may be used to design, develop, conduct, and evaluate exercises that: . Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. . Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP. . Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. . Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. . Exercises conducted with OG&T support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can be found at OG&T's website at http://www.ojp.usdoj.gov/OG&T/exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on OG&T's Secure Portal at https:/lOG&T.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: Nationa/ Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they 26 16 ,f"" 5."'" ';t" '. will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). D. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on Management and Administration costs by the sub-recipients Hiring of full-time or part-time staff or contractors/consultants: . To assist with the management of the FY2006 SHSGP . To assist with design, requirements and the implementation of the FY2006 SHSGP . To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: . Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/OG&T data calls Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G&T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G& T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full - Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.oip.usdoi.qov/FinGuide). Acquisition of authorized office equipment, including: . Personal computers . Laptop computers . PM nters . LCD projectors, and . Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: . Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. . Leasing and/or renting of space for newly hired personnel to administer programs within the FY2006 SHSGP E. Unauthorized Expenditures . Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) . General-use computers and related equipment . General-use vehicles . Licensing fees . Weapons systems and ammunition . Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist threats . Activities unrelated to the completion and implementation of the SHSGP . Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs . Recurring Costs . Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. 27 16F5 F. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of G& T -approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to G&T-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill - they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). II. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2006 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2006 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2006 NIMS Compliance Requirements . Incorporating NIMS into existing training programs and exercises; . Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); . Incorporating NIMS into emergency operations planning; . Promotion of mutual aid agreements; and, . Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: . Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: http://traininq.fema.qov . Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. . Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. 3. FY 2006 and FY 2007 Requirements In order for the State to receive FY2006 preparedness funding, the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http://www.fema.qov/nims, will be updated regularly with NIMS information and implementation guidance. Note: All FY 2006 Homeland Security Gran Program Grant Guidance can be found at http://www.oIP.usdoi.qov/OG&T/docs/fv2006hsqp.pdf B. MonitorinQ: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process 28 1 Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased or developed. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable DHS grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of FDEM or their designee, to actually observe records, procedures and equipment. For Planning the Division reserves the option to request access to any document, as described below, at anytime during the contract period: . If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. . If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will require a copy of said agreement. . If the Recipient chooses to enhance/develop a GIS database product, the Division will require access to the layer or database. . If the Recipient chooses to enhance/develop public information related materials, the Division will require a copy of said materials. . If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy of the agenda prior to the meeting and a roster afferthe meeting. . If the Recipient chooses to conduct an assessment, we will require a copy of the completed assessment. Since these are secure documents, they should be submitted on CD. For Training the Division reserves the option to request access to any document, as described below, at anytime during the contract period: . If the Recipient chooses to conduct training, the Division will require the title of course, instructor's name and a list of attendees prior to course delivery. Afferthe course has been delivered, the Division will require a roster of actual participants. For Exercise the Division reserves the option to request access to any document, as described below, at anytime during the contract period: . If the Recipient chooses to conduct an exercise, an After Action Report should be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. . Participating in exercises will count towards the site visits. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, FDEM personnel may request copy of plans and/or procedures or participate in training or exercises. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. 29 16F5 Within 15 days of the site visit, a monitoring report will be generated and sent to the grantee explaining any citations and corrective actions or recommendations. The Site Visit Worksheet and reports will then be included in the grantee's file along with any documents distribu!ed at the site visit by the grantee. III. Reporting Requirements A. Quarterlv Proarammatic Reportina: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro Re ortin Period Re ort due to DEM no later than Janua A ril30 Jul 31 October 31 October 1 throu h December 31 Janua 31 Proqrammatic Reportinq: Information to Report On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - September 30, 2006 reporting period. B. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Proarammatic Reportina: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. IV. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Chanda D. Brown Farrah Gosford FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 414-8538 (850) 413-9974 Chanda. brown[a)dca .state .fl.us F arrah.t1osford[a)dca .state. fl. us v. Contractual Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 30 16 5 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMS Circulars A-21 , A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181 (6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 22) 28 CFR applicable to grants and cooperative agreements 23) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 24) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 25) Title VI of the Civil Rights Act of 1964, as amended; 26) Section 504 of the Rehabilitation Act of 1973, as amended; 27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 28) Title IX of the Education Amendments of 1972; 29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 30) 28 CFR Part 42, Subparts C,D,E, and G 31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 32) Federal Acquisition Regulations 31.2 and 931.2 31 16 r-.Jr-'-. "..r .~ Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16){a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 2003-2004 2004-2005 2005-2006 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITU RES 1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1,) First three months expenditures need only be provided for the years In whIch you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DCAlDEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 32 16 '!-'S ." e-. ", / Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2006.2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES EXfJlanation of Circumstances: 33 16F5 Attachment D Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 34 16F5 Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 1 6 {.-s Attachment E Contractor Covered Transactions (1) The prospective contractor of the Recipient, ' certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date 36 l~- 6f ,'. ,,- ..:,'~', , '",t.:;.' ", '1 -) Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P .L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31,1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 16F5 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, FloOG& Tlain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 38 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1' b?' (:~ 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO, B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completcd routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP eomplete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the f h eh . d I' th h . I' # I h h #4 I h h kl' d ~ d S '1 exceptIOn 0 t e airman s sIgnature, raw a me rougfi routmg mes t rougl , complete t e c ec 1St, an orwar to ue F1 son (lme #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. .....-,-------."-----"--' " 4. --.---- 5. Sue Filson, Executive Manager Board of County Commissioners '1 f)I' (t;( V .l-( / ~ -t \ . , ' "1 " . 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Ap roved b the BCC Type of Document Attached (fl' . t' \ \ I '; I 1\ ll.- Phone Number C/.'...../.. ! r )( . C\.. ..) ICe (c l/ Yes (Initial) N/A (Not A licable) (J,cr',\, t l ;,c Agenda Item Number y\ (/~ ,. ( j (\1< ('f( \ iX' '{\ ," \ \\ Number of Original Documents Attached I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 . I { , \ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 2. 3. 4. 5. 6. 16F 6 MEMORANDUM Date: October 11, 2006 To: Christine Chase Emergency Management From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Federally-Funded Subgrant Agreement Enclosed please find four original documents, as referenced above, (Agenda Item #16F6), approved by the Board of County Commissioners on Tuesday, October 10,2006. Please forward for signatures and return a fully executed original document back to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosure( 4) 16F 6 EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement OBJECTIVE: That the Board of County Commissioners accept and approve Agreement #07BG-04-09-21-01- between the State of Florida, Department of Community Affairs and Collier County for funds that will enhance emergency program activities within Collier County for Fiscal Year 2007. CONSIDERATION: The Emergency Management Preparedness Assistance Grant has been given by the Florida Department of Community Affairs (Department) to each county for the past twelve years and does not require an application. These funds are available as a result of a surcharge of $2.00 for each residential insurance policy and $4.00 for each business insurance policy issued in Florida. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment, services or hiring additional personnel. Each county must develop a five year Strategic plan which comprises the Scope of Work for the grant. For Fiscal Year 2007, the Department of Community Affairs has agreed to provide the sum of $105,806 to Collier County for program enhancements. From this sum, the State Division of Emergency Management will deduct an annual service charge of $2,847 for the Emergency Satellite. Communication System (ESATCOM) that is installed in the Emergency Operations Center and the Sheriffs Office Communications Center, and a $479 one-time charge for repairs to the equipment. As in past years, monies from this fund cannot be used to supplant existing emergency management funding nor be used to match funds from another program under this Trust Fund. FISCAL IMPACT: The adopted FY07 budget included $103,000 in anticipated EMPA grant proceeds. Net grant proceeds are as follows: EMP A Grant Less ESA T service charge Repairs to equipment Net grant proceeds $105,806 ($2,847) ($479) $102,480 Net change to budget is a reduction of$520.00 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement #07BG-04-09-21-01- accepting $105,806 from the Florida Department of Community Affairs for emergency management program enhancement and approve the associated budget amendment. Prepared by: Christine Chase, Sr. Administrative Assistant, Dept. of Emergency Management {I'\91920~1 !o,,'b.... ~~~ ~.;: IJ: '\i'~, 5 ...r(\~. Agreement Number: 07BG-04-09-21-01- '020 N .dl"DJ'" ~ UI CSF A Number: 52008 = ,"," ~\, N~ :c ~ CFDA Number: 97.042 \ ~ ~;STATEANDFEDERALLY-FUNDEDSUBGRANTAGREEMENT <.9 0" S'P€,n_\:" '--....__.-~.. TIllS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and COLLIER COUNTY, (hereinafter referred to as the "Recipient"). 16F6 TillS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT This Agreement shall begin October 1, 2006 and shall end September 30, 2007 unless terminated earlier in accordance with the provisions of Paragraph (I2) of this Agreement. I 16F6 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-I 10, "Grants and Agreements with I:nstitutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2 (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division, with the following exceptions: I. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments B and B-1, and all other applicable laws and regulations. 2 16F6 (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. Reasonable shall be construed according to the circumstances but ordinarily shall mean during normal bnsiness hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. Agents shall include but not be limited to, auditors retained by the Division. (6) AUDIT REOUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department of Community Affairs and! or the Division with the records, reports or fmancial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-B3, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised, is not required. 3 16F6 In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 An electronic copy shall also be submitted to the above office at the following address: aurilla. parrish@dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-131, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard 4 16F6 Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: auri1Ia.parrish@dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5 :00 p.m., local time, Monday through Friday. 5 16F6 ( c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida Statutes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State fillancial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6( d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes. is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities. Additional information on the Florida Single Audit Act may be found at the following website: htto://www.state.fl.us/fsaa/statutes.htrnl. ( e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifYing all Agreement and other revenue by sponsoring agency and Agreement number. 6 16F6 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 An electronic copy shall also be submitted to the above office at the following address: aurilla. oarrish@dca.state.fl.us. and Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-l33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-l33 or Chapters 10.550 (local goverrunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with 7 16F6i111 Section 215.97, Florida Statutes by an independent certified public accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly financial reports, and with a close-out report. Semi-annual and end of year reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly financial reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment B and B-1 to this Agreement, and reported in the semi-annual and end of year progress reports. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS, 8 above ), monitoring procedures may include, but not be limited to, on-site JtRJi>6ion stair, limited scope audits as defmed by OMB Circular A-133, as revised, and!or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defmed in Section 768.28, Florida Statutes. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28 Florida Statutes. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign inununity by any Recipient to which sovereign inununity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (II), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 9 16F6V~_ (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (II) REMEDIES Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: I. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; 10 16F6 (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes. as amended. (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be III II 16F6' .1 writing, either by hand delivery, or fust class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Chanda D. Brown, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 414-8538 Fax: (850) 488-7842 Email: chanda.brown@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E. Summers, Director 3301 E. Tamiami Trail, Bldg. F Naples, Florida 34112 Telephone: 239-774-8445/8000 Fax: 239-775-5008 Email: DanSummers@collierQov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Ae:reement. a COpy of the executed subcontract must. be forwarded to the Division for review within ten (10) days of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ll) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi- annual and end of year progress reports submitted by the Recipient. 12 16F6 For each subcontract, the ReciDient shall Drovide a written statement to the Division as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDmONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments Exhibit I - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work Attachment C - Program Statutes, Regulations, and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,480 subject to the availability of funds. (b) By its execution of this Agreement, the Recipient authorizes the Division to pay on its behalf $2,847 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $105,806. In addition, the amount of $479 is deducted from the total allocation to reimburse the Division for payment of non-recurring satellite charges paid on behalf of the Recipient. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the I3 16F6 contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-IIO, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specifY the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. I. X No advance payment is requested. 2. An advance payment of $ is requested. (d) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Division for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band B-1 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, State Office of Management and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November I, 2007, may, in the discretion of the Division t, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional 14 16F6 funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest eamed. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fIscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defIned by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. Should the Recipient wish to carry forward into the fiscal year beginning October I, 2007 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances requiring the need to the Division by June 30, 2007. At the Division's discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. 15 16F6 All payments relating to the Agreement shall be mailed to the following address: Collier County Board of Commissioners c/o Department of Emergencv Management 3301 Tamiami Trail East. F-l Naples. Fl 34112 (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Florida Statutes. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Florida Statutes. the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and 16 16F6 materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its 17 16F6 principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certifY to any of the statements ill this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' (Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. or the Florida Constitution. G) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. (I) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 18 16F6 (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Division's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (0) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (P) This Agreement may not be renewed or extended. (21) LOBBYING PROHIBmON (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report 19 16F6 Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF TmS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF TIllS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. ( c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 20 16F6 , ., 1 (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 21 16F6 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: COLLIER COUNTY BOARD OF CO>TY~IONERS By ~ ~--- Frank Halas, Chairman 10 I ( t;/ U(P Date: . F.EID# 59-6000558 ""'.. ~ ~",I.' . ~~.'- ". !.-".' , ",.,- Approved as to Form a d Legal Sufficiency ---- ~ Rebel'! ~BRal)', Assis nt County Attorney 1O~ ?~~t1-/ STATE OF FLORIDA DEPARTMEnF COMMUNITY A';AIRS By: ~ Name and Title: W. Craia Fuaate. Director Division of Emeraencv Manaaement Date: \ d-l~ <;) "t Item # tbFb ~~:,da \O/IO(~ ~"ad eopV ~:~~d 4/1'1{0'1 ~f;~.k 22 16F6 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program -0- (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES A WARDED PURSUANT TO TmS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO Tms AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Ememencv Manal!ement Catalog of State Financial Assistance Title: Emerl!encv Manal!ement Prol!l'llms Catalog of State Financial Assistance Number: 52008 State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months and $479 for non-recurring charges) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TmS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. 23 16F6 Attachment A Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (paragraph (l7)(a), FUNDING/ CONSIDERATION). A separate budeet form for the Emereencv Manaeement Performance Grant (EMPG) portion of this suberant will be provided when federal funds are awarded bv the Division Cateeorv Anticipated Expenditure Amount Salaries/Fringe Benefits $ 20.000.00 Other Personal Services $ 10.000.00 Expenses $ 44,680.00 Operating Capital Outlay $ 27,800.00 Fixed Capital Outlay $ Total State Funds $ 102,480.00 (page 14) 24 16F6 Attachment B and B-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G- 6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certifY that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement. 25 16F 6 Attachment C Program Statutes, Regulations, and Program Requirements Program Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-ll, 9G-19 and 9G-20, Florida Administrative Code 3. Section 215.97, Florida Statutes 4. Chapter 287, Florida Statutes 5. Chapter 119, Florida Statutes 6. Chapter 112, Florida Statutes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 Program Requirements (1) EOUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida LeaseIPurchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Division, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Division's State Warning Point (SWP) (850) 413-9910. B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. 26 ,I". r" . '':..:::'1 Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Division. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. 27 16F' 6 F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. 28 -I" " .16F 6 (2) NAWAS In the event the Recipient desires to continue use ofthe National Warning System (NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NA WAS line and equipment in the County. (3) VEillCLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENTIPROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-I02 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-ll, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMP A funds 29 -16F 6 shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. 6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel onlv if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florida Statutes. 30 ". ~ 1 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Area Coordinator, and a final close-out report, all in a format to be provided by the Division. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division not later than December 31, 2005. The Historical Information form must be prepared and signed bv an official of the County's Finance Office. E. In a format provided by the Division, a proposed staffing summary shall be submitted to the Division not later than December 31,2005. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G- 19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. H. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copv will be mailed with a fullv executed copv of the Agreement. 31 }" . " of 6 Attachment E JUSTIFICATION OF ADVANCE PAYMENT Recipient: Indicate by checking one of the boxes below, if yon are reqnesting an advance. If an advance payment is reqnested, bndget data on which the reqnest is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)\b), Florida Statutes. The amount whIch may be advanced shall not exceed the expected cash needs of the recipIent within the initial three months. ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -, , , ,[ x] NO ADVANCE REQUESTED , - - - - - - - - - - - -- - -- - -- - - - - - - - - - -- , ,[ ] ADVANCE REQUESTED , , : Advance payment of$ is requested. Balance of 'paymenls will be made on a reimbursement basis, These funds are , oneeded to pay staff, and purchase start-up supplies and equipment. We : ::v~~l~ ~~t 3: ~~l: ~o _op:r~l: .!l:e .P::~~"?: ~i.!l:o~~ ~i~ ~~v_~':.e~ _ _ _ _ _ _ :No advance paymenl is requested. Payment :will be solely on a reimbursement basis. No 'additional information is required, , ADVANCE REQUEST WORKSHEET fyon are reqnesting an advance, complete the following worksheet DESCRIPTION (A) FFY 2004 (B) FFY 2005 (C) FFY 2006 (D) Total 1 INITIAL CONTRACT ALLOCATION 2 FffiST THREE MONTHS CONTRACT EXPENDITURESI 3 AVERAGE PERCENT EXPENDED IN FffiST THREE MONTHS (Divide line 2 by line 1.) 1 First three months expenditures need only be provided for the years in which yon reqnested an advance. If you do not have this information, call your consnItant and they will assist yon. MAXIMUM ADVANCE ALLOWED cALULATION: X $ Cell D3 EMPA Award (do not inclnde match) = MAXIMUM ADVANCE 32 16F { b REOUEST FOR WAIVER OF CALCULATED MAXIMUM I Recipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated allove. Complete estimated expenses chart and Explanation of circnmstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract Salaries/O PS Program Expenses TOTAL EXPENSES Explanation of Circumstances 33 16F ~' 10 Attachment F Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (I) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identifY adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offer or shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved, Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts, The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 34 1 Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 1. I! ". ,r=, ' J I , or 6 Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address City, State, Zip Date 36 .J. Q;f' r~ .~ ATTACHMENT H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-IlO, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted proj ect. Also the Applicant assures and certifies that: I. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of govemment whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements oflaw, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31,1976, Section I02(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial 37 .i assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-l et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.l; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovemmental Review of Department of Justice Programs and Activities; Part 42, NondiscriminationlEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title IT of the Americans with Disabilities Act (ADA) (1990); Title 1X of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 38 .! 6. if.' (.jIif" ~ 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 39 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 10,2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1) August 26, 2006 through September 1, 2006. (2) September 2, 2006 through September 8, 2006. (3) September 9, 2006 through September 15, 2006. (4) September 16, 2006 through September 22, 2006. B. Districts: (1) Wentworth Estates Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule; Minutes of May 12,2006; Agenda of May 12, 2006; Proposed Budget FY 2007. (2) Cedar Hammock Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule; Minutes of June 12, 2006; Agenda of June 12, 2006; Annual Financial Report of FY ended September 30, 2004; Minutes of February 13, 2006; Agenda of February 13, 2006. (3) Naples Heritage Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule. (4) Immokalee Water & Sewer District: Registered Agent Information; 2006-2007 Schedule of Regular Meetings; 2006- 2007 Budget FY ending September 30, 2007. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc (5) North Naples Fire Control and Rescue District: Operating/Impact Fee/Inspection Fee Budget 2006-2007; Basic Financial Statements/Reports of Independent Auditor Year Ended September 30, 2005; District Map; 2006-2007 Monthly Meeting Schedule; NNFCRD Five Year Strategic Plan. C. Minutes: (1) Immokalee Master Plan & VisioninQ Committee: (a) Joint meeting with CRA Advisory Board and EZDA; Agenda of August 16, 2006; Minutes of August 16, 2006; Agenda of September 6, 2006. (2) Historic & ArcheoloQical Preservation Board: Agenda of September 20. 2006; Minutes of August 16, 2006. (3) Bayshore/Gateway TrianQle CRA: Agenda of August 1, 2006; Minutes of August 1, 2006; Agenda of July 11, 2006; Minutes of July 11,2006. (4) Bayshore Beautification MSTU Advisory Committee: Agenda of October 4, 2006; Minutes of September 6, 2006. (5) Collier County PlanninQ Commission: Agenda of September 21, 2006; Notice of meeting location change for September 21 and October 19; Minutes of August 3, 2006; Minutes of August 17, 2006. (6) Collier County Contractors' LicensinQ Board: Agenda of September 20,2006. (7) Collier County Citizens Corps Advisory Committee: Minutes of August 16, 2006; Agenda for August 16, 2006. (8) Collier County Airport Authority: Agenda of September 11, 2006; Addendum to September 11 Agenda; Minutes of August 14, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondenee\101006 Mise Corresp.doc (9) Radio Road Beautification MSTU Advisory Committee: Agenda of September 19, 2006; Minutes of August 4, 2006. D. Other: (1) Letter from Florida Department of Environmental Protection to Chairman Frank Halas regarding OGC Case 01-0552-11-DW from Jon Iglehart, Director of District Management. (2) Public Safety Coordinatina Council: Minutes of June 1, 2006. (a) Crises Intervention Team Task Force: Minutes of August 21, 2006; Minutes of July 13, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc Collier County, Florida 161 14 1 ~~CI2'V~D v'fp " c, I10ara Of I :; lOO$ county Corn1n ' /S8/0nef$ Clerk of the Circuit Court Finance & Accounting Department MEMORANDUM Date: To: 09/01/06 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period August 26,2006 through September 1, 2006. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. Corras: . 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Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 2, 2006 through September 8, 2006. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. 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NNNNNNNNNNNNNNNNNNNNNNNNNN 00000000000000000000000000 00000000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNNNNNNNNNNNN 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~OOO WWNNNNNNN~~~~~~~~~~~~~~WWW ~O~~~WN~O~~~~~~WN~~OO~~~N~O I :J:' ., ' o \0 ....... tv tv ....... tv o o 0'1 l:"' .... ::;\ O! H ['T m HI o 11 'tI I>> '< 11 o I-' I-' )0 'tI l:"' .... ::s ID H ['T m ~ ID '0 o 11 ['T H o 11 'd I>> '< 11 o 'l- I- C '0 ID 11 I>> C1 ... o ::s III :3: IQ 11 I I to. Collier County, Florida 161 ~~c1 S(p j. :v~D &... J , -, ~Of ~Ii.-' co~ ~ lye, Clerk of the Circuit Court Finance & Accounting Department MEMORANDUM Date: 09/15/06 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 9,2006 through September 15,2006. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 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C H IC i [a HI o 11 'd PI '< 11 o ~ ~ ~ 't t' ... ::s (I) ?- M m :ot III 't:1 o 11 M ,H , 0 11 't III '< 11 o l- I- I Iii: . ~ I i,a (I] 111 ,Ill M ... o ::I {II :3 1.0 H to. 161 1 A '" F?12CI2II/, SEp 2& 72D Bo..ft1 Of COil _ I1Ij.-C %"', ~ Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 09/22/06 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 16, 2006 through September 22, 2006. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. 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A GAIL BOORMAN & ASSOCIATES BRADANNA INC MITCHELL & STARK CONSTRUCTION CO DOUGLAS N HIGGINS INC JOHN CARLO INC JOHN CARLO INC BETTER ROADS INC CARTER FENCE COMPANY INC DELL MARKETING LP CDWG WORKPLACE RESOURCES INTERNAL REVENUE SERVICE DELL MARKETING LP DON HUNTER SHERIFF DWIGHT E BROCK CLERK OF COURTS FLORIDA MEDICAID/COUNTY BILLING SUNBELT OFFICE FURNITURE CDWG DELL COMPUTER CH2M HILL CH2M HILL, INC. CAMP DRESSER & MCKEE KRAFT CONSTRUCTION BONNESS INC WASTE MANAGEMENT INC SUNCOAST SCHOOLS NATIONWIDE RETIREMENT SOLUTIONS ICMA RETIREMENT TRUST - 457 FLORIDA DEPARTMENT OF REVENUE ABE SKINNER PROPERTY APPRAISER AERO PRODUCTS CORP COMMUNICATIONS INTERNATIONAL INC MITCHELL & STARK CONSTRUCTION CO CDWG GULF COAST LANDFILL GOVCONNECTION, INC INTERNAL REVENUE SERVICE DELL COMPUTER CORPORATION DWIGHT E BROCK CLERK OF COURTS ECONOMIC DEVELOPMENT COUNCIL JOHNSON ENGINEERING INC. CDWG HERMAN MILLER WORKPLACE RESOURCE DELL COMPUTER WORKPLACE RESOURCES JOHN CARLO INC BOYLE ENGINEERING CORP WILSON MILLER INC DIVERSIFIED DRILLING CORPORATION GOVCONNECTION, INC 14,289.75 47,567.70 657,737.90 450,348.01 1,257,152.48 272,505.23 2,812.62 670.00 2,208.66 15,217.30 5,337.28 50.73 11,872.44 336.00 2,945.15 113,977.02 15,979.97 2,073.91 2,751.24 25,148.80 4,641.00 192,072.70 214,021.45 9,024.52 955,895.57 134,566.57 57,396.17 42,507.34 26,486.31 3,500.00 198.38 606.00 3,268.70 1,302.00 42,899.47 289.95 859,743.47 917.08 1,258.00 14,951.97 138,706.05 6,502.04 2,184.00 703.56 9,302.98 764,492.15 15,365.50 144,199.29 1,585.83 136.95 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/19/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/20/2006 09/22/2006 09/22/2006 09/22/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/21/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 2000117358 2000117359 2000117360 2000117361 2000117362 2000117363 2000117365 2000117366 2000117367 2000117368 2000117369 2000117370 2000117973 2000117974 2000117975 2000117976 2000117977 2000117978 2000117979 2000117981 2000117982 2000117983 2000117985 2000117987 2000117988 2000117996 2000117997 2000117998 2000118021 2000118022 2000118023 2000118024 2000118026 2000118027 2000118028 2000118029 2000118031 2000118032 2000118033 2000118034 2000118035 2000118036 2000118037 2000118038 2000118039 2000118040 2000118041 2000118042 2000118043 2000118044 ",i 6 I II,; ~ ..1 Ifl F-~C~\\1~D SE~ 1 ~ ~l$iOl'esa cot(ll1\\ eoard ot coul\~ MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 25, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Wentworth Estates Community Development District Wentworth Estates Community Development District has submitted the following item: a. Fiscal Year 2007 Notice of Public Meeting Schedule. Thank you :\special\special Misc. Corres: Date:~ Item#:~ Copies to: W~ntworth Estates Community Development Di~~~lt Severn Trent Sen"ices · Management Sen"ices Division 210 N. University Drive, Suite 800. Coral Springs, Florida 33071 Ph_ 954-753-5841 Fax 954-796-0623 September 21, 2006 Board of Collier County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Clerk of tbe Cjrcuit Cuu.t Fiuance Depanmeilt c/o James L. Mitchell 2671 Airport Rd, Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 To Whom It May Concern: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. Notice is hereby given that the Board of Supervisors of the Wentworth Estates Community Development District does not meet on a regular basis but will separately publish notice of meetings at least seven days prior to each board meeting to include the date, time and location of said meeting. If you have any questions or comments, please contact me. Sincerely, <--_.._~ ~/ ~ ~~ Barbara Baker District Recording Secretary RECEIVED SEP 2 5 2006\ :~;i-.iANCr:. DEP1 JIB MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # F?I2C~ S(p lV€"D 'Ofe 22 /&... Olil1~ ...~. co~ "niSith._ -vrlel'$ TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 22, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Wentworth Estates Community DeveloDment District Wentworth Estates Community Development District has submitted the following item: a. Minutes of Meeting May 12, 2006. Thank you :Ispeciallspecial Misc. Corres: Date: Item #: Copies to Wentworth Estates Community Development DistriZ Severn Trent Services · Management Services Division 210N. University Drive, Suite 800. Coral Springs, Florida 33071 Telephone: (954) 753-0380. Fax: (954) 796-0623 Date: September 12, 2006 To: Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 From: Barb Baker, District Recording Secretary Re: Minutes of meeting May 12, 2006 Approved on August 23, 2006 Enclosed please find for your records a copy of the minutes of the above-referenced meeting of the Board of Supervisors of the Wentworth Estates Community Development District, which are to be kept on file for public access during normal business hours. Encl. :rbh Cc: For information purposes only: J ames Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 Mr. Anthony Franda, CPA V.K. Development Corporation 19275 W. Capitol Drive Brookfield, WI 53045 Jeffrey S. Kennensohn, Esq. 5801 Pelican Bay Blvd., Suite 300 Naples, FL 34108-2709 ~ ~ I 18 '~ MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Wentworth Estates Community Development District was held on Friday, May 12, 2006 at 1 :00 pm at the offices of Johnson Engineering, Inc., 2350 Stanford Court, Naples, Florida. Present and constituting a quorum were: Howard Taylor Matt Rocco Chris Gray Cheryl Deering Chairman Vice Chairman Assistant Secretary Assistant Secretary Also present were: John Daugirda Jonathan Johnson Sanjay Kuttemperoor Tony Franda Bob Gang Karen Ellis Denise Ganz Justin Rowan Jeremy English Vivian Cerecedo District Manager Attorney, Hopping Green & Sams Developer, VK Development Corp. VK Development Corp. Bond Counsel, Greenberg Traurig Severn Trent (via telephone) Ruden, McClosky, Smith, Schuster & Russell, P.A. Underwriter, Prager Sealy & Company Engineer, Johnson Engineering, Inc. Trustee, US Bank FIRST ORDER OF BUSINESS Roll Call Mr. Daugirda called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the February 10, 2006 meeting Mr. Daugirda stated each Board member received a copy of the minutes of the February 10, 2006 meeting and requested additions, corrections or deletions. There not being any, On MOTION by Ms. Deering seconded Mr. Taylor with all in favor the minutes of the February 10, 2006 meeting were approved. May 12, 2006 Wentworth Estates cn, ~ \ ' THIRD ORDER OF BUSINESS Financial Matters A. Consideration of Final Engineer's Report Mr. Johnson stated the engineer's report itself is there on the table and is the document from Johnson Engineering which was included in the final offering statement used to market the bonds. Mr. Rowan is here to talk about the final pricing. You will have a resolution in a moment so we do not need a separate motion on item A. It will be more than covered by the ratification resolution which is listed as item D. Before we turn to the assessment methodology, I will ask Mr. Rowan to present the final pricing on the bonds which pre-closed this morning. They will close and fund early next week. It is the green package of information in front of you. Mr. Rowan stated if you look in the green folders, you will see on the right hand side the final bond sizing for Series 2006A & B Bonds. We successfully completed the sale of these bonds last week. This schedule outlines the terms, maturities, interest rates and several debt service schedules based on the final interest rates achieved and the final bonds we are now issuing. I will summarize what is before you. The record will reflect Mr. Tony Frandajoined the meeting. Mr. Rowan stated for the record, I am going to go through and summarize certain terms of the bonds. I will do it fairly quickly but want to allow the Board the opportunity to ask questions. We issued two series of bonds. The Series A Long Term Bonds are paid down with 30 principal installments and the full amount is $38,145,000. The interest rate on those bonds is 5.625%. These bonds were priced at a slight discount, at a 99.633 dollar price, to give the reflective yield of 5.65%. The 2006B Bonds have a short term maturity of six years. Their principal amount is $26,315,000 and the interest rate attached to them is 5.125%. They were also priced at a slight discount, at a 99.75 dollar price, for an effective yield of 5.171 %. The dated date on the full series of bonds is May 1, 2006 and the settlement date is May 16, 2006. The first page in front of you illustrates the net r"occeds of the bonds which is the par amount less the original issue discount less the underwriter's discount plus accrued interest to give the net proceeds of $63,370,416.18. The second page is sClmcwhat of a better summary of the two series of bonds, both in conjunction with one another. The Series 2006A and 2006B will be funding a portion of the project, which we have identified in the Engineer's Report. The anticipated funding with interest earnings on these accounts will amount to $56,021,000. The net amount deposited into the construction funds for both accounts combined is $54,947,351.75. The net fund of these bonds is assuming there would be a certain interest rate 2 May 12, 2006 , , "'I ii"- Wentworth Estates enD 1 percentage rate tied to them. The anticipated funding of these senes, the total project in the Engineer's Report, will be $56,021,000. The second page also illustrates the other various uses for the funds which include a debt service reserve fund on both series, capitalized interest, accrued interest, cost of issuance, underwriter's discount and a net contingency. The following two pages is a debt service schedule which illustrates principal and interest installments on the 2006A Bonds. Page five illustrates the interest only payments required on the 2006B Bonds which mature on November I, 2012. I neglected to say the 2006A Bonds mature on May I, 2037. The next two pages are a combined debt service schedule. Pages eight and nine are a summary of various terms and statistics resulting from these bonds. Page 11 illustrates the total deposit to the construction fund and any anticipated interest earnings. Page 12 illustrates the capitalized interest fund. We capitalized interest through November I, 2007 on both series of bonds. The final two pages illustrate the arbitrage yield, which is the maximum rate bond proceeds can be invested at and earn from the investments. It is a lot of numbers but if anyone wants to take the time to ask any questions about certain terms of the bonds, I will be happy to answer. Mr. Johnson stated if not, then we want to turn to the Supplemental Assessment Report prepared by Severn Trent which is also here. This report was also included in the Preliminary Limited Offering Memorandum used to market the bonds in conjunction with the authority to provide and delegate a resolution. B. Consideration of Final Assessment Methodology Report Mr. Johnson stated we can note for the members of the Board, the methodology is substantially in the form previously presented. We had a couple of refinements to the methodology. One was to specifically incorporate the terms and conditions of the sale as consummated by Prager Sealy. We also had to refine some of the specific deal points including the provisions relating to the B Bonds, remembering both bonds are required to be paid down prior to the sale of a lot to an open consumer. There may be builders who will assume portions of those lands and the methodology is flexible enough to allow it. We also refined the true-up provisions which are the provisions dealing with reductions in density; over time to specifically deal with the manner in which the lifestyle center, the golf course and the golf clubhouse are being platted and developed. This was used in the marketing of the bonds. Are there any questions from the Board you would like us to address in presenting the methodology? If not, we went through this when the assessments were initially liened in 2004. Ms. Ellis, if I can just ask you to confirm for the record is it your opinion, based upon your experience with other community development districts and special districts, that the methodology as 3 May 12, 2006 Wentwo,tf:;tetDD 1 "~~ ,81 presented and as used in the marketing of the bonds fairly and reasonably allocates the debt among all ofthe benefiting parcels within the District? Ms. Ellis responded yes. Mr. Johnson stated the parcels which have been determined based upon the Engineering Report and the Methodology to receive no benefit, is it also your opinion those allocations were fair and reasonable as well? Ms. Ellis responded yes they are. Mr. Johnson asked is it also your OpInIOn the benefits provided by the infrastructure improvement program outlined in the Engineer's Report equal or exceed the burden of the debt we are placing on the land through these bonds? Ms. Ellis responded yes it does. Mr. Johnson stated we are asking for a motion from the Board to approve the Supplemental Assessment Report and authorize the execution of a resolution in conformance with your lien. On MOTION by Mr. Gray seconded Mr. Taylor with all in favor the Supplemental Assessment Report and the execution of Resolution 2006-3 adopting the supplemental Special Assessment Report was approved. Mr. Rowan stated before we continue, I want to point out one other thing. Within those green folders before you are two attachments to the bond purchase agreement. We include these for disclosure purposes. One is the Truth in Bonding Statement which states certain terms of the bonds, their source of repayment and the purpose for why they are being issued. The second is a disclosure letter which outlines my firm, Prager, Sealy & Company's fee and a breakdown of that fee. C. Assessment Resolution 2006-3 This was addressed in the previous item. D. Ratification of Resolution 2006-4 Mr. Johnson stated another document I am passing out is the ratification resolution. As you know, you previously adopted a delegation award resolution. If you think of it as a grant of authority, this resolution closes the loop on that authority so there will be no further actions related to the bond series without additional Board approval. It ratifies and affirms the actions taken by staff in marketing the bonds and, in particular, the Chairman, who spent some time here this morning signing a number of documents. The two attachments are pulled right out of Prager, Sealy's document which have been presented to you relating to the closing documents and the cost of 4 May 12,2006 (~ "/t, Wentworth Estates CDD Issuance. It is a fairly standard resolution. We would be happy to answer any questions you have about Resolution 2006-4. Otherwise, we will suggest approval of Resolution 2006-4 upon motion. It does also pick up some changes, for example, in the trustee structure from the time we began this process and some other minor detail points. On MOTION by Mr. Gray seconded Mr. Taylor with all in favor the Resolution 2006-4 ratifying, confirming and approving the sale of the District's special assessment Series 2006A and 2006B Bonds; ratifying, confirming and approving the actions of the Chairman, Vice Chairman, Treasurer, Secretary, Assistant Secretaries and all District staff regarding the issuance, sale and closing of the District's special assessment Series 2006A and 2006B Bonds and determining such actions as being in accordance with the authorization granted by the Board; providing a severability clause and an effective date was adopted. E. Engagement of Property Appraiser Mr. Johnson stated this item relates to certain provisions of the Engineer's Report. As you know, we were anticipating the consummation in some real estate transactions with the developer related to properties to be owned and maintained by the District. In order to do that, we need to engage an appraiser to conduct an independent appraisal of the property. Mr. Daugirda has a proposal he is passing out to you. Mr. Daugirda stated it is from Integra Realty Resources in the amount of $6,000. Mr. Johnson stated it is for the land to be conveyed to the District. Before the District can buy it, we need an independent appraisal. Mr. Daugirda stated it looks pretty standard in form. Integra does a lot of appraisal work and we recommend approval after you read it. On MOTION by Mr. Gray seconded by Ms. Deering with all in favor the proposal for professional appraisal services from Integra Realty Resources for $6,000 was approved. F. Other Related Financial Matters Mr. Daugirda stated Mr. Rowan presented to me a dissemination agreement. One of the requirements of the bonds is you need to have continuing disclosure with a dissemination agent. Prager, Sealy provides this service. Their standard fee is $5,000 for the Series 2006 Bonds plus $1,000 for any additional bond issue thereafter. 5 4 May 12, 2006 R ~ 1B 1 Wentworth Estates eDD Mr. Rowan stated it is a requirement pursuant to FCC rule 15-c2-12 where we provide continuing disclosure to our bond investors. The information is a one or two page summary of the status of sales, status of construction as well as remaining par amounts and outstanding balances of certain accounts on both series of bonds. It is an informational item only. FOURTH ORDER OF BUSINESS Manager's Report A. Report on the Number of Registered Voters - 33 Mr. Daugirda stated we have a statutory requirement to report on the number of registered voters in the District. As of April 14, 2006 the County Supervisor of Election has records of 33 residents who are registered to vote. We will have to call them to make a determination whether that is an error but it is a report. It becomes significant as the District goes from the construction developer phase towards lot sales. After six years and 250 registered voters, the transition process starts. We will get an annual report on this each year. Mr. Gray stated the actual number of residents is O. Mr. Daugirda stated I know. We are thinking they must have made an error. We will call and let them know. B. Consideration of Resolution 2006-2 Approving the Budget for Fiscal Year 2007 and Setting the Public Hearing Mr. Daugirda stated this is a two step process. Weare handing out a draft budget to you. It is only in draft form to get the process started. We have the general fund budget which is essentially identical to last year. We included a budget for the debt service fund based upon the bonds being issued. Mr. Franda and I talked with the person on the debt service issue. It will probably be amended after the actual funding and investing. We will bring this back to you. What the resolution does is accept it as a draft only and sets the public hearing for July 14, 2006 at this location. Again, we will probably at least amend it between now and the public hearing. It does not have an hour inserted. What is convenient for the Board, developer and consultants in terms of a time? July 14th ~s :\ Friday. What is the best time of day for all concerned parties? Mr. Johnson asked that assumes you are providing it to the county today? Mr. Daugirda responded yes. Mr. Johnson stated. Okay. It is happening. The county gets a copy 60 days in advance of the draft. They have an opportunity to comment. The historical reality is they have no comments. Comparison of schedules ensued. Mr. Daugirda stated we will set it at 1 :00 p.m. July 14, 2006 at Johnson Engineering in Naples. With those facts filled in, is there a motion to approve?e 6 May 12,2006 Wentworth Estates CDD On MOTION by Mr. Gray seconded Mr. Taylor with all in favor Resolution 2006-2 approving the budget for fiscal year 2007 and setting a public hearing for July 14, 2006 at 1 :00 p.m. was approved. Mr. Daugirda stated in terms of your long term planning, we are on an even year election cycle. We have landowner elections in November for three seats which are coming up; Mr. Rocco, Ms. Deering and Mr. Mathias. The landowner gets to cast the votes. THIRD ORDER OF BUSINESS - continued F. Other Related Financial Matters - continued Mr. Rowan stated once the bond proceeds are transferred with the trustee on Tuesday, May 16th, there are certain parameters within the trust indentures which allow the monies to be invested in a certain way so they are not just sitting there. I have a proposal from Sun Trust which has a division within their bank trying to specialize in this. I want to present it to the Board but no decisions need to be made today. I also want to point out that Ms. Cerecedo with U.S. Bank, who is the current trustee, also does this type of work. I would ask you to also give her the consideration to provide a proposal as well. I do not know if you want the Board to give any formal approval but I know, usually, if the trustee is investing bond proceeds, as long as they do it as the indenture provides, there is no approval necessary. I did not know if the Board decides to go with an outside bank, if it would require any type of approval or if they want to leave it at the discretion of the Chairman or Vice Chairman. Mr. Johnson stated I do not want to recommend you make any motions regarding specific investments. We leave that at the discretion of the trustee or Sun Trust. Given it is someone other than our trustee, a Board motion to generally authorize that relationship is appropriate. Mr. Taylor asked can the trustee make it any way they want to which they feel is appropriate, including Sun Trust? Mr. Johnson responded within certain parameters. But rather than have the trustee make the decision, I would like to have it on the public record that we have another entity making those investment decisions. Mr. Gang stated generally, your trustee would look for direction from the District as long as it is within the parameters. Mr. Gray asked does Wachovia do anything like this? Ms. Cerecedo responded yes, we do. 7 ~, [}} ~ , I Wentworth Estates CDD May 12, 2006 Mr. Taylor asked are we looking at Sun Trust as just being an alternative? Mr. Rowan responded correct. Mr. Rowan asked upon reviewing Sun Trust's proposal, as well as the current trustee's proposal, could we decide today the Vice Chairman or Chairman has the authority to make a decision as they see fit? Mr. Johnson responded with one other caveat. By statute, the District Manager is charged with supervision of the workings of the District. If you would like to have your District Manager take the lead in it so we do not have to come back to you gentlemen, we could certainly do it that way as well. On MOTION by Mr. Taylor seconded Mr. Rocco with all in favor the District Manager is authorized to review both investment proposals and make the appropriate decision regarding the investment of bond proceeds. Mr. Daugirda stated as a practical matter, we do not meet very often, it would probably be helpful to have a motion empowering the developer to take actions on behalf of the Board. Can you frame this a little better? Mr. Johnson stated we are really talking about paying bills and making sure funds keep flowing between meetings. What we often do is put a motion on record to state the District Manager has authority to pay bills and invoices provided they are consistent with contracts and are in line with the budget. We will need either a special meeting or have to wait for a regular Board meeting if we have items which are either not within an existing contract or that are outside the scope of a budgeted line item that would need your action. It would be usual and customary for many CDDs if you are comfortable providing that authorization to Mr. Daugirda. Mr. Taylor asked is there a dollar limit associated with it? Mr. Johnson responded we could do that. Mr. Taylor asked what is normal and customary? Mr. Johnson responded normal is to say ifit is within the budget and subject to a contract you have already approved, then it is ministerial to make those payments. Mr. Daugirda stated we just want to keep the train running between meetings. 8 May 12, 2006 :1 Of'" J "Jj! ~T . ,~) ^ 1, Bi'.!i~' ,,( Wentworth Estates CDD On MOTION by Mr. Taylor seconded Mr. Gray with all in favor the District Manager was authorized to pay invoices pursuant to contracts and within budget. FIFrH ORDER OF BUSINESS Attorney's Report There not being any, the next item followed. SIXTH ORDER OF BUSINESS Engineer's Report There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. EIGHTH ORDER OF BUSINESS Approval of Financials through March 31, 2006 Mr. Daugirda stated the financial statements through March 31, 2006 are in the back of your packet. It looks like only a check run so we are looking for review and approval on those. Mr. Gray asked is there anything out of ordinary or outside of the scope of a line item in the budget or contract? Mr. Daugirda responded no. They are all standard operating expenditures. It is a general fund balance sheet and statement of revenues and expenditures. It is going to get more complicated going forward when we have the debt service fund account and the construction trust account which will be called the capital projects fund. We will show you an ongoing update on the expenditures in connection with all the funds. On MOTION by Ms. Deering seconded Mr. Taylor with all in favor the financial statements through March 31, 2006 were approved. NINTH ORDER OF BUSINESS There being no further business, On MOTION by Mr. Gray seconded Ms. Deering with all in favor the meeting was adjourned. t~~ hn D girda Secretary ~ ~ C.11"'1 ~ ~p.A 1 Howard Ta-yJor Chairman 9 '1 6. I \;;' .~ 181 Agenda Wentworth Estates Community Development District Friday May 12, 2006 1 :00 p.m. Johnson Engineering, Inc. 2350 Stanford Court Naples, Florida 1. Roll Call 2. Approval of the Minutes of the February 10, 2006 Meeting 3. Financial Matters A. Consideration of Final Engineer's Report B. Consideration of Final Assessment Methodology Report C. Assessment Resolution D. Ratification of Resolution E. Engagement of Property Appraiser F. Other Related Financial Matters 4. Manager's Report A. Report on the Number of Registered Voters - 33 B. Consideration of Resolution 2006-2 Approving the Budget for Fiscal Year 2007 and Setting the Public Hearing 5. Attorney's Report 6. Engineer's Report 7. Supervisor's Requests and Audience Comments 8. Approval ofFinancials through March 31,2006 :' Adjournment . ~ Naples Daily News Naples, FL 34102 Affidavit o~ Publication 16 I Naples Da1ly News "" 1 B --------------------------------------------------+----~~------~ -~ -~---- WENTWORTH ESTATES COMMUNITY ~ DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #800 CORAL SPRINGS FL 33071-7320 REFERENCE: 062196 59234307 Notice Of MeetingWen NotiCe Of Ml,!rtlng wllltWOlth ,uta18s Deve~~~ ,,:;1 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Co~orate Secretary of the Naples Daily News, a da1ly newspaper published at Naples, in Collier Count~, Florida: that the attached copy of advertis1ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said news~aper has heretofore been continuously publ1shed in said Collier County, 'l"lorida, eRch day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. "'~i1 ~. tlng t h~,.",' ',LIb ",!:. cqn ", ,,1(' iI: 'ft tl), Flo; a LaW mun1l;y Develop- strlcts. A COWy 01, " e, ag, 81).4,a,', fQr ",t, ,- m" ,I no:; WI_v lie, j~. tanj'\jd . from Severt:! : TrentVI81S"~'\~ I~ ~ :,pM/.. AorI- da ' ,The..jti(!etlnll may econtlnued to.a date' " " and place to , ",',A ",~8 re- !I.J "ngo ,. There y be occa- sions when one or more supervlsol's,wllJ partlc:l- lIat\! by 'I on, ,e. ,At the abo "~ will be ' ~....- ..e ,~ ~I~ ,~ tlng;at t onil'ld ,be fully , ,iOLttiI! 'd I s c u 55 (In s..llkJn.g 'place eltherln, ",l19rson(j~1 " by' telephOne,cClmm n- catIon. Any person requir- Ing special accommoda- tionsat. thls!!\eetl,ng b~~lllleof.... clt.~blllty 01' physical ImpaIrment I should contact the Dis- trict Offlc\! at(9~) 753- 5841iltleast threll' cal- endar days prior to the melltlli'g. d 'Eacl1pll'rsOn whO ,e- ddes to' appeal any ac. tlon taken at these meetings 15 advised that person will need a re- cord of the proceedings and that accordingly. theperlon may need to ensure that a verbatim record of the proceed. InllsJsmAc;le. Including the 'testImony and Qvl~ dence upon which such appeal 15 to be based. \ John Dauglrda ~lC~ger NO. 1374937 PUBLISHED ON: 05/02 05/02 AD SPACE: 76.000 INCH FILED ON: 05/02/06 --------------------------------------------------+------------------------ Signature of Affiant Jl...----f Sworn to and Subscribed before me this ;L~ day of ~1 if 20 "'(., Personally known by me X/1A":f'I! ~A~ ,"','p"'" Harriett Bushon) . ;'{A':'" 'i;~:,~ IllY COMMISSION # DD2346G,) E,X PIRt: ,: :~~ July 24, 2007 '~;,. .....~~.' '\ONDEDTHRU TROY FAIN INSURANCE '..'9fHW,\' '161 181 SUPPLEMENT AL ENGINEER'S REpORT FOR The Wentworth Estates Community Development District PREPARED FOR BOARD OF SUPERVISORS WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT APRlL 2006 Prepared by Johnson Engineering Inc. 2350 Stanford Court Naples, Florida 34112 ]eJHNSGJN ENGINEERING WENTWORTH E!A~ C~MMU!TY~E,,*,OPMENT DISTRICT " " t' TABLE OF CONTENTS INTR 0 D U CTI ON.............. ............................................... ............................. .............................3 PURPOSE AND SCOPE ..................... ........ ......... .... ..... .... .............. .......... ......... ....... .............3 DE VE LO PME NT D ISTRI CT .................................................................................................3 GENERAL DESCRIPTION OF WENTWORTH ESTATES COMMUNITY DESCRIPTION OF TREVISO BAY DEVELOPMENT .............................................................3 PRO POS ED PROJECT INFRAS TR U CTURE . ......................................................................4 SUMMARY OF THE PROPOSED MASTER INFRASTRUCTURE ............................................4 SURFACE WATER MANAGEMENT ....... .................. ......... ...... .................................. .........4 UTILITIES ........................................ ....................................................... ............. ......... .... 5 ROADWAY IMPROVEMENTS ......... .............. .... ..................................................................5 EXTERIOR LANDSCAPIN G ................................................................................................ 6 OFF-SITE IMP R 0 VEME NTS ............................................................... ...... ............ ..............6 MITI GA TI ON ............................................................................................................ ........ 6 BENEFITS TO VARIOUS LAND USE CATEGORIES........................................................ 7 COMMERCIAL TRACT CDD BENEFITS ........................................................................... 7 GOLF COURSE TRACT CDD BENEFITS .......................................................................... 7 RESIDENTIAL TRACT CDD BENEFITS ............................................................................ 7 PERMIT S T A TUS .... ....... ................. ........... ... ................ ...................... ......................................8 APPENDIX A: ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR THE PROJECT APPENDIX B: PROJECT MAPS APPENDIX C: INFRASTRUCTURE OWNERSHIP AND MAINTENANCE PLAN Page 2 of8 t. .uJ 181 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT INTRODUCTION PURPOSE AND SCOPE OF THE REpORT The purpose of this report is to provide a supplement to the Revised Engineer's Report (September 2004) that described the entire Capital hnprovement Program (Project) for infrastructure improvements for the Wentworth Estates Community Development District (the District). This supplemental report includes a description of the Project, a portion of which will be funded with proceeds of the District's Special Assessment Bonds, Series 2006 (the "2006 Series Bonds"). The portion of the Project to be financed by the Series 2006 Bonds includes substantially all of the Project, other than certain related interest in land related to the surface water management system. GENERAL DESCRIPTION OF WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT The project site is located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, Collier County, Florida. The main project entrance is located on the southwest side of Tarniami Trail East (U.S. 41) approximately one and one-quarter miles southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864). See Sheet 1 and Sheet 2 of Ap- pendix B for District location and District boundary map. The site is generally bordered on the west by POO zoned (Collier DRl) undeveloped property; on the north by U.S. 41; on the east by the Micelli POO, platted and developed homesites, zoned RSF-4, RMF-6, and RSF-3, and agriculturally zoned and unplatted property; and on the south, undeveloped and environmentally sensitive lands zoned NST. The entire :f:973.23 acres of the District are located within the Treviso Bay Development de- scribed below. Approximately :f:740.72 acres of the District are developable, with the remaining :f:232.51 acres set aside as preserve area (:f:228.90 acres) and easement interest only (:f:3.61 acres). DESCRIPTION OF TREVISO BAY DEVELOPMENT The Treviso Bay Development will be developed as an upscale golf course community featuring up to 1,200 residential units, up to 85,000 square feet of commercial uses and an 18-hole golf course. The:f: 71.49 acres of the development outside of the District boundary will be set aside as nreSf'rv{" land. See Sheet 3 of Appendix B for a map ofthe Treviso Bay Development. The development is located within the Wentworth Estates Planned Unit Development (POO, County Ordinance No. 03-51). The PUD is :f:l,558.49 acres and encompasses the :f:l,044.72 acre Trevlso Bay Development and a :f:513.77 acre tract that has been set aside for conservation pur- poses. Page 3 of8 I. l, WENTWORTH EJTe:cL.MUNp'IfJE"LOPMENT DISTRICT 1:'0<".01 I PROPOSED PROJECT INFRASTRUCTURE SUMMARY OF THE PROPOSED INFRASTRUCTURE There is currently no existing water, sewer, drainage or roadway infrastructure within the District boundaries. However, these infrastructure needs will be extended into the District via extension of nearby existing infrastructure. Construction of the Project improvements is expected to begin in the first quarter of 2006, with the majority of the work expected to be completed by December 2008. The Project will generally consist of the following: · Surface water management · Utilities · Roadway improvements · Exterior Landscaping · Off-site improvements · Mitigation The District can construct, own and operate any or all ofthe above Project infrastructure. SURFACE WATER MANAGEMENT The surface water management system will consist of excavated surface water management lakes, culverts, catch basins, swales and water control structures. Storm water runoff from the areas within the project will be routed to the surface water management lakes for water quality treatment and storage. The storm water will be subsequently released via water control struc- tures. The water management system will be operated to enhance on-site and off-site conserva- tion and preserve areas. See Sheets 6A and 6B of Appendix B for map of surface water man- agement improvements for the Project. Material excavated from the surface water management lakes will be used to construct the Dis- trict projects. Water management lakes will be excavated to at least the minimum size and depth requirements of the County and South Florida Water Management District. It is currently esti- mated that 135 acres of lakes will be constructed. The storm water management system will be designed in accordance with the South Florida Wa- ter Management District (SFWMD) regulations. These regulations set minimum criteria for wa- ter quality treatment and flood protection. The District will construct, own, operate and maintain the water management system. Page 4 of8 " \' WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT UTILITIES i61 lit The utilities for the Project will consist of water, sewer and irrigation systems. The project is lo- cated within the Collier County Utilities Service Area. The water and sewer will be designed and constructed in accordance with Collier County and Florida Department of Environmental Protec- tion standards. The water and sewer utilities along the spine road and in the single-family resi- dential areas shall be constructed by the District and dedicated to Collier County for ownership and operation upon acceptance by the County. Water and sewer utilities within multi-family residential areas shall be retained and maintained by the District. The wastewater facilities will include gravity collection mains with individual lot sewer services, collection system pump stations, and force mains to connect to the existing Collier County utility system. It is proposed to provide connections to the existing Collier County wastewater force main network at the intersection of U.S. Hwy 41 and Southwest Boulevard. The potable water facilities will include both transmission and distribution mains along with necessary valving, fire hydrants and water services to individual lots and development parcels. It is proposed to provide connections to the existing Collier County water distribution main net- work at U.S. 41 and at Southwest Boulevard. Collier County has written a letter of availability for water and sewer service for the improvements. The letter indicates that current and future County water and sewer improvements should provide sufficient capacity to the development, but is not a guarantee of adequate capacity. The County's present policy does not give guarantees of service and only states available capacity; however no development delays are expected. The irrigation system will include groundwater wells, an irrigation pumping facility, and irriga- tion transmission/distribution mains located within the road right-of-ways. The irrigation system will be constructed, owned, operated and maintained by the District. The irrigation service con- nections that extend from the irrigation distribution mains into single family lots, multifamily tracts, landscaped areas not maintained by the District, and individual development tracts (such as golf course and commercial tract) will not be constructed or maintained by the District. See Sheets 5A, 5B and 5C of Appendix B for map of Project utility improvements. ROADWAY IMPROVEMENTS J-\. main entrance road will extend from U.S. Hwy 41 to the main guardhouse and entrance gate. The entrance road will serve the residential developments and as access to the commercial por- tion of the development. The entrance road will consist of approximately 1600 feet of roadway, an entry bridge across a water management lake, landscaping and street lighting. The District will construct, own and maintain the main entrance road and bridge. See Sheet 4 of Appendix B for map of the Project roadway improvements. All roads within the Development beyond the main entrance gate and guardhouse will be private roadways. The District will not construct, own or maintain these roads. Page 5 of8 , , lL. , 1 WENTWORTH ESTATES Co QTf. DEV~fNT DISTRICT All roadways will be designed and constructed in accordance with the applicable Collier County standards. Easements along roadways will be given to utilities providing services to the Devel- opment. Other off-site road improvements are also required for this project. These improvements are de- scribed in a later section of this report. EXTERIOR LANDSCAPING Landscaping will be constructed around the exterior of the District to serve as a buffer to adja- cent properties and roads. The landscaping will consist of perimeter berms, sod, flowers, shrubs, ground cover, littoral plants and trees. The District will construct, own and maintain alllandscap- ing features along the District perimeter and main entrance road. The District will not provide landscaping on individual lots or developments within the District. OFF-SITE IMPROVEMENTS Intersection and traffic signal improvements will be required at the two project entrances off U.S. Hwy 41. The first is located at a newly proposed intersection of the main entrance road and U.S. Hwy 41. The second entrance is at Southwest Boulevard. The intersection improvements will be constructed by the District and dedicated to the Florida Department of Transportation. Florida Department of Transportation will own and maintain the intersection improvements. In addition to intersection improvements, the existing Southwest Boulevard will require im- provements between U.S. 41 and the District boundary. The Southwest Boulevard improvements will be constructed by the District and dedicated to and maintained by Collier County, except for lighting and landscaping which the District shall maintain. See Sheet 4 of Appendix B for map of off-site improvements. MITIGATION PUD requirements include preserve mitigation as part of the permitting process. Mitigation will include both on-site and off-site preserve enhancement, creation and preservation. Off-site regional mitigation work will be done in coordination with Rookery Bay National Estua- rine Research Reserve (RBNERR). Off-site preserve enhancements include removal of exotic vegetation, replanting of native vegetation, controlled bum programs and re-establishment of his- toric wetland surface water hydrology. The District will own and maintain the preserve in the Treviso Bay Development that is not within the District boundary. The District will maintain the preserves on RBNERR property, which will remain owned by RBNERR. See Sheet 7 of Ap- pendix B for off-site preserve locations. On-site preserve enhancements include removal of exotic vegetation and replanting of native vegetation. Additionally, the proposed surface water management system has been designed to improve historic wetland surface water hydrology to wetland areas on and off-site. The District will own and maintain all of the on-site preserves within the District. See Sheet 7 of Appendix B for on-site preserve locations Page 6 of8 ;~~l>l 18:1 WENTWORTH ESTATES COMMUNITY DEV~LJrtMENT DISTRICT t. In addition to preserve enhancement work, State and Federal authorities also require wildlife mitigation fees. The District will pay mitigation improvement costs and fees. BENEFITS TO VARIOUS LAND USE CATEGORIES COMMERCIAL TRACT CDD BENEFITS None of the CDD improvements are necessary for the development of the commercial tract. Consequently, the commercial tract has no direct benefit from the CDD improvements. GoLF COURSE TRACT CDD BENEFITS Water and sewer service is not required to the golf course itself, except for minor rest shelters. These shelters will include their own private grinder pumps and pressure force mains to tie into the CDD's internal gravity sewer system. The golf course will require irrigation water from the irrigation system. The surface water management system will provide a benefit to the golf course. Developed golf course area contributing runoff to the system is approximately 154 acres. This is golf course area that will be cleared and filled, and will contribute runoff into the water management system. This area includes the entire course playing area, practice areas, open space, clubhouse, parking, maintenance buildings and all other course related areas. This area does not include water man- agement lake areas or conservation tracts. The total project developed area contributing runoff to the system is approximately 610 acres. This includes the golf course area listed above plus all other areas to be cleared and filled for residential development, commercial development, roads, common areas, open areas, etc. Since the golf course contains mostly pervious area, it will con- tribute a lower rate of runoff than the residential areas. The golf course maintenance facility can have direct connections to existing water and sewer ser- vices along Southwest Boulevard and does not require the CDD infrastructure. The golf course clubhouse will require CDD facilities. "RE~' 'DFNTIAL TRACT CDD BENEFITS The residential tracts within the District will require all of the project improvements for devrlopment. The residential tracts will benefit from all of the proposed project improvements. Page 7 of8 " .W t> JLtj WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT PERMIT STATUS Several permits are required for the Project improvements from Collier County, the State of Florida and the Federal government. It is expected that the pending permits necessary for the Project improvements will be obtained as part of the ordinary course of business. The known required permits for the Project improvements are shown below with the current status of each. Permit Status County Collier County Subdivision Plat and Plans (PPL) Approved 2/14/06 Collier County Right-of-Way Permit, Required for Southwest Boulevard Approved 4/06/06 Federal Army Corps of Engineers Dredge and Fill Permit Approved January, 2006 State Florida Department of Transportation, US 41 Intersection Permits FDOT approval pending, expected to be approved as normal course of business South Florida Water Management District, Environmental Resource Permit (ERP) Approved 8/11/04 Florida Fish and Wildlife Conservation Commission, Gopher Tortoise Permit Approved 6/10/05 Florida Department of Environmental Protection, Water and Sewer Permit Approved March, 2006 As residential areas within the District are developed and subdivided, additional Subdivision Plat and Plans (PPL) or Site Development Plan (SDP) approvals will be required from Collier County. It is expected that these permits will be obtained as part of the ordinary course of business. No other permits are expected to be required for the Project. Page 8 of8 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT APPENDIX A: I 1 B 1 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR THE PROJECT i. 16/ Wentworth Estates CDD Engineer's Opinion of Probable Construction Cost for the Project k;, 1/!\( . .~li;l1 1 Surface Water Management System Utilities - Potable Water Utilities - Sanitary Sewer Utilities - Irrigation System Entrance Road Exterior Landscaping Southwest BLVD Improvements @ U.S. 41 and SW Blvd Improvements @ U.S. 41 and Main Entry TECO Gas Extension Drainage Construction for Lely Canal Mitigation $18,228,159 $2,273,275 $3,622,528 $1,885,799 $7,037,256 $3,000,000 $2,306,550 $144,571 $328,912 $400,000 $522,780 $3,674,170 Subtotal $43,424,000 Contingency (10%) Engineering Design (9%) Surveying and Construction Observation (3%) Collier County Review and Inspection Fees (3%) Estimated Surface Water Land Acquisition Cost * $4,342,400 $3,908,160 $1,302,720 $1,302,720 $5,741,000 Project Total $60,021,000 * District Counsel and Bond Counsel have advised that: (i) the District will acquire interests in land relating to the surface water management system (as shown above) pursuant to written arrangements between the District and the developer of the Treviso Bay Development; and (ii) pursuant to such written arrangements, as well as the bond indenture pursuant to which the Series 2006 Bonds will be issued (the "Indenture"), it is expected that the District will use proceeds of the Series 2006 Bonds to pay for $1 ,741 ,000 of such land, and will pay for the remainder of such land, if ever, from amounts available under the Indenture to pay "Deferred Costs," as such term is defined in the Indenture. 1/26/2006 ,"" WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT APPENDIX B: PROJECT MAPS lIB 1 E 0 C\. ~ aD . ..... ~ g ... <IS 0 :; ~ ..., at \:rj 3 Z X 0 3 ~ 0 C'l C- o '" ~ 'tI iii ~ 0 I"- 0 - :0 :E )( " c: .2 a <.I ..2 <0 ..., ... ..., ... ~ ..., ... ..., ... 0 0 ... ,/ ., " ", / CITY OF NAPLES <:0 c:: ~ ~ I , I I -~ --,---------, : I I I I 'I i : ,I ': I ' 'I ' I /'O$[ND ' I I I f'".vr ' - -J L ----------------- _L--l -- - !---------l -- I ( RlV(RJEND r ! : i I i I I I I I ~ ~ V[ST I ['0'.. 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FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. 1642 & L.B. 1642 DAlE 2/17/05 7 .~ f"o.. . 1~1 1~ WENTWORTH EST ATES COMMUNiT~EVELOPMENM'>ISTRICT APPENDIX C: INFRASTRUCTURE OWNERSHIP AND MAINTENANCE PLAN '.. . 0 I 1 81 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT ..... ,c1; Wentworth Estates Community Development District Proposed Infrastructure Ownership and Maintenance Plan Facility Construction Operation and Funded by Ownership Maintenance Entrance Road and Landscaping CDD CDD CDD to Guardhouse FDOT US 41 Intersection CDD FDOT FDOT Improvements Southwest Blvd. Road CDD County County Improvements Southwest Blvd. Landscaping CDD County CDD and Lighting Roads Past Guardhouse within Developer Developer Developer the District Water & Waste Water Utilities CDD CDD/County* CDD/County* Surface Water Management CDD CDD CDD Exterior Landscaping CDD CDD CDD Irrigation Transmission Service CDD CDD CDD Mitigation Preserve Areas CDD CDD/RBNERR ** CDD *Water and sewer utilities along the spine road and in single-family residential areas shall be owned and maintained by the County. Water and sewer in multi-family areas shall be owned and maintained by the District. ** The District will own and maintain all of the on-site preserves within the District and the off- site preserves within the Treviso Bay Development. The District will maintain the preserves on RBNERR property, which will remain owned by RBNERR PRAGER, SEALY &CO., LLC INVESTMENT BANKERS 161 J '1$ W ...~ TRUTH-IN-BONDING STATEMENT May 4, 2006 Wentworth Estates Community Development District Collier County, Florida Re: $64,460,000 Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A&B In connection with the proposed issuance by Wentworth Estates Community Development District (the "District") of $64,460,000 aggregate principal amount of Special Assessment Bonds, Series 2006A&B (the "Bonds"), Prager, Sealy & Co., LLC, Orlando, Florida (the "Underwriter") is underwriting a limited public offering of the Bonds pursuant to a Contract of Purchase (the "Purchase Contract") dated May 4, 2006 between the Underwriter and the District. The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), Florida Statutes. as amended, the truth-in-bonding statement required thereby, as follows: (a) The District is proposing to issue $64,460,000 of Bonds to (i) finance the Cost of a portion of the public infrastructure needed to serve the Development including, but not limited to, surface water management, water and sewer utilities, roadway improvements, exterior landscaping, wetland and upland mitigation, and offsite transportation improvements; (ii) to make a deposit to the Series 2006A Debt Service Reserve Account and Series 2006B Debt Service Reserve Account, respectively, in an amount equal to the Series 2006A Debt Service Reserve Requirement and Series 2006B Debt Service Reserve Requirement for the Series 2006A Bonds and the Series 2006B Bonds, respectively; (Hi) pay capitalized interest on the Bonds through November 1, 2007; and (iv) pay certain costs of issuance of the Bonds. This debt or obligation is expected to be repaid over a period of approximately thirty-one (31) years. At an interest rate of 5.625% for the Bonds maturing May 1, 2037 and 5.125% for the Bonds maturing November 1, 2012, the total interest paid over the life of the debt or obligation will be $52,815,278.34. The Bonds maturing May 1, 2037 are priced to yield 5.65% and the Bonds maturing November 1, 2012 are priced to yield 5.171 %. (b) The principal of, premium, if any, and interest on the Bonds is secured by a pledge of and a first lien upon the Pledged Revenues. Based solely upon the assumptions set forth in (a) above, the issuance of the Bonds will result in approximately $117,275,278.34 of the District's revenues not being available to the District to finance other services of the District; provided, however, that in the event that the Bonds were not issued and the improvements were not made, the District would not be entitled to impose and collect the Special Assessments in the amount of the principal and interest to be paid on the Bonds. 200 SOUTH ORANGE AVENUE SUITE 1900 ORLANDO FLORlDA 32801 TEL 407 4819182 FAX 4078491496 PRAGER, SEALY & CO., LLC INVESTMENT BANKERS 161 18 1 Page 2 The foregoing is provided for information purposes only and shall not affect or control the actual terms and conditions of the Bonds. SAN FRANCISCO NEW YORK ORLANDO GREAT FALLS PRAGER, SEALY &CO., LLC INVESTMENT BANKERS 16/ 1 e} '1 I May 4, 2006 Board of Supervisors Wentworth Estates Community Development District c/o John Daugirda Severn Trent Services 16311 Tampa Palms Blvd. West Tampa, FL 33647 Re: $64,460,000 Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A&B Dear Gentlemen: Pursuant to Chapter 218.385, Florida Statutes, and with respect to the issuance of the above-referenced bonds (the "Bonds"), PRAGER, SEALY & CO., LLC (the "Underwriter"), having purchased the Bonds pursuant to a Contract of Purchase dated as of May 4, 2006 (the "Purchase Contract") between the Underwriter and Wentworth Estates Community Development District (the "District"), makes the following disclosures in connection with the limited public offering and sale of the Bonds: 1. The total underwriting discount paid to the Underwriter pursuant to the Bond Purchase Agreement is $1,029,400.00 (1.596959%). 2. The total amount of expenses estimated to be incurred by the Underwriter in connection with the issuance of the Bonds is $87,021.00. An itemization of these expenses is attached hereto as Exhibit A. 3. There are no "finders" as such term is used in Sections 218.385 and 218.386, Florida Statutes, in connection with the issuance of the Bonds. 4. The components of the Underwriter's discount are as follows: Management Fee: Takedown: Expenses: $6.00/$1,000 or $8.6195935/$1,000 or $1.35/$1,000 or $386,760.00 $555,619.00 $87,021.00 5. There are no other fees, bonuses, or other compensation estimated to be paid by the Underwriter in connection with the Bonds to any person not regularly employed or retained by the Underwriter, except the fees of Ruden, McClosky, Smith, Schuster & Russell, P.A., counsel to the Underwriter, in an amount not to exceed $70,000.00. 200 SOUTH ORANGE AVENUE SUITE 1900 ORLANDO FLORJDA 32801 TEL 407 4819182 FAX 4078491496 PRAGER, SEALY &CO., LLC INVESTMENT BANKERS Page 2 Board of Supervisors of Wentworth Estates Community Development District May 4, 2006 Page 2 6. The address of the Underwriter is: PRAGER, SEALY & CO., LLC 200 South Orange Avenue, Suite 1900 Orlando, Florida 32801 ! Si"'i~erelY' i / .. ,....." , '../ j'- /" II {;, tJ-, \.Brett Sealy Managing Director SAN FRANCISCO NEW YORK ORLANDO GREAT FALLS 16' la~l 16/ PRAGER, SEALY &CO., LLC INVESTMENT BANKERS INVESTMENT BANKERS Page 3 SAN FRANCISCO NEW YORK EXHIBIT A $64,460,000 Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A&B Estimated Expenses Underwriter's Counsel Travel Expenses Communication Day Loan Clearance & Settlement Charges CUSIP / DTC Computer Contingency $70,000.00 $3,500.00 $1,500.00 $1,790.55 $3,745.30 $388.00 $5,000.00 $1.097.15 Total $87,021.00 ORLANDO GREAT FALLS 18'" t ""," ~ .~ 'I .l B1 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page I BOND PRICING Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Bond Component Maturity Date Amount Rate Yield Price 38,145,000 5.625% 5.650% 99.633 26,315,000 5.125% 5.171% 99.750 64,460,000 05/01/2006 05/16/2006 11101/2006 64,460,000.00 -205,779.65 64,254,220.35 99.680764% -1,029,400.00 -1.596959% 63,224,820.35 98.083804% 145,595.83 63,370,416.18 Term Bonds: 05/0112037 Term Bonds: 11/0112012 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 'l. I "'" May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 2 SOURCES AND USES OF FUNDS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Dated Date Delivery Date 0510 I /2006 05/16/2006 Sources: FINAL06A FINAL06B Total Bond Proceeds: Par Amount Accrued Interest Original Issue Discount 38,145,000.00 89,402.34 -139,992.15 26,315,000.00 56,193.49 -65,787.50 64,460,000.00 145,595.83 -205,779.65 38,094,410.19 26,305,405.99 64,399,816.18 Uses: FINAL06A FINAL06B Total Project Fund Deposits: Construction Fund 31,747,009.61 23,200,342.14 54,947,351.75 Other Fund Deposits: Debt Service Reserve Fund 2,634,984.38 674,321.88 3,309,306.26 Capitalized Interest Fund 2,895,501.24 1,868,414.71 4,763,915.95 Accrued Interest 89,402.34 56,193.49 145,595.83 5,619,887.96 2,598,930.08 8,218,818.04 Delivery Date Expenses: Cost of Issuance 118,352.47 81,647.53 200,000.00 Underwriter's Discount 609,160.15 420,239.85 1,029,400.00 727,512.62 501,887.38 1,229,400.00 Other Uses of Funds: Additional Proceeds 4,246.39 4,246.39 38,094,410.19 26,305,405.99 64,399,816.18 Note: Call Option: 5/1/2015 @ Par .. I 1 B 1 l ;;;~,) U May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUO):2006) Page 3 BOND DEBT SERVICE , Wentworth Estates CommuQity Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/16/2006 11/01/2006 1,072,828.13 1,072,828.13 1,072,828.13 05/0 1/2007 1,072,828.13 1,072,828.13 11/01/2007 1,072,828.13 1,072,828.13 2,145,656.26 05/01/2008 500,000 5.625% 1,072,828.13 1,572,828.13 11/01/2008 1,058,765.63 1,058,765.63 2,631,593.76 05/01/2009 530,000 5.625% 1,058,765.63 1,588,765.63 11/01/2009 1,043,859.38 1,043,859.38 2,632,625.01 05/01/20 I 0 560,000 5.625% 1,043,859.38 1,603,859.38 11/01/2010 1,028,109.38 1,028,109.38 2,631,968.76 05/01/20 II 595,000 5.625% 1,028,109.38 1,623,109.38 11 /0 1/20 11 1,011,375.00 1,011,375.00 2,634,484.38 05/01/2012 625,000 5.625% 1,011,375.00 1,636,375.00 11/01/2012 993,796.88 993,796.88 2,630,171.88 05/01/2013 665,000 5.625% 993,796.88 1,658,796.88 11/01/2013 975,093.75 975,093.75 2,633,890.63 05/01/2014 700,000 5.625% 975,093.75 1,675,093.75 11/01/2014 955,406.25 955,406.25 2,630,500.00 05/01/2015 740,000 5.625% 955,406.25 1,695,406.25 11/01/2015 934,593.75 934,593.75 2,630,000.00 05/01/2016 785,000 5.625% 934,593.75 1,719,593.75 11/01/2016 912,515.63 912,515.63 2,632,109.38 05/01/2017 830,000 5.625% 912,515.63 1,742,515.63 11/01/2017 889,171.88 889,171.88 2,631,687.51 05/01/2018 880,000 5.625% 889,171.88 1,769,171.88 11/01/2018 864,421.88 864,421.88 2,633,593.76 05/01/2019 930,000 5.625% 864,421.88 1,794,421.88 11/01/2019 838,265.63 838,265.63 2,632,687.51 05/01/2020 985,000 5.625% 838,265.63 1,823,265.63 11/01/2020 810,562.50 810,562.50 2,ti33,828.13 05/01/2021 1,040,000 5.625% 810,562.50 1,850,562.50 11/01/2021 781,312.50 781,312.50 2,631,875.00 05/0 I /2022 1,100,000 5.625% 781,312.50 1,881,312.50 11/01/2022 750,375.00 750,375.00 2,631,687.50 05/01/2023 1,165,000 5.625% 750,375.00 1,915,375.00 11/01/2023 717,609.38 717,609.38 2,632,984.38 05/01/2024 1,230,000 5.625% 717,609.38 1,947,609.38 11/01/2024 683,015.63 683,015.63 2,630,625.01 05/01/2025 1,305,000 5.625% 683,015.63 1,988,015.63 i : /0 1/2025 646,312.50 646,312.50 2,634,328.13 05/01/2026 1,380,000 5.625% 646,312.50 2,026,312.50 11/01/2026 607,500.00 607,500.00 2,633,812.50 05/01/2027 1,460,000 5.625% 607,500.00 2,067,500.00 11/01/2027 566,437.50 566,437.50 2,633,937.50 05/01/2028 1,545,000 5.625% 566,437.50 2, III ,437.50 11/01/2028 522,984.38 522,984.38 2,634,421.88 05/01/2029 1,635,000 5.625% 522,984.38 2,157,984.38 11/01/2029 477,000.00 477,000.00 2,634,984.38 05/01/2030 1,725,000 5.625% 477,000.00 2,202,000.00 11/01/2030 428,484.38 428,484.38 2,630,484.38 05/01/2031 1,825,000 5.625% 428,484.38 2,253,484.38 11/01/2031 377,156.25 377,156.25 2,630,640.63 05/01/2032 1,930,000 5.625% 377,156.25 2,307,156.25 11/01/2032 322,875.00 322,875.00 2,630,031.25 May 3, 2006 8:55 pm Prepared by DBC Finance 161 l' nt, (Finance 5,016 Wentworth Estat' 0):2"6) Page 4 BOND DEBT SERVICE Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/01/2033 2,045,000 5.625% 322,875,00 2,367,875.00 11/01/2033 265,359.38 265,359.38 2,633,234.38 05/01/2034 2,165,000 5.625% 265,359,38 2,430,359.38 11/01/2034 204,468.75 204,468.75 2,634,828.13 05/01/2035 2,290,000 5.625% 204,468.75 2,494,468.75 11/01/2035 140,062,50 140,062.50 2,634,531.25 05/01/2036 2,420,000 5,625% 140,062.50 2,560,062.50 11/01/2036 72,000.00 72,000.00 2,632,062.50 05/01/2037 2,560,000 5.625% 72,000.00 2,632,000.00 11/01/2037 2,632,000.00 38,145,000 44,049,093.90 82,194,093,90 82,194,093.90 May 3, 2006 8:55 pm Prepared by DBC Finance '1 t:. I 10 f- (FinanceYl6 Wentworth Estltls (DOUG):2006) Page 5 BOND DEBT SERVICE Wentworth Estates Community Development District Special Assessment Bonds, Series 2006B FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/16/2006 11/01/2006 674,321. 88 674,321.88 674,321.88 05/01/2007 674,321.88 674,321.88 11/01/2007 674,321.88 674,321.88 1,348,643.76 05/0 I /2008 674,321.88 674,321.88 11/01/2008 674,321.88 674,321.88 1,348,643.76 05/01/2009 674,321.88 674,321.88 11/01/2009 674,321.88 674,321.88 1,348,643.76 05/01/2010 674,321.88 674,321.88 11/01/2010 674,321.88 674,321.88 1,348,643.76 05/01/20 II 674,321.88 674,321.88 11/01/2011 674,321.88 674,321.88 1,348,643.76 05/01/2012 674,321.88 674,321.88 11/01/2012 26,315,000 5.125% 674,321.88 26,989,321.88 27,663,643.76 26,315,000 8,766,184.44 35,081,184.44 35,081,184.44 161 ..'...... May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 6 BOND DEBT SERVICE BREAKDOWN Wentworth Estates Community Deve]opment District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Annual Date Series 2006A Series 2006B Total Total 11/01/2006 1,072,828.13 674,321.88 ],747,150.01 1,747,150.01 05/01/2007 1,072,828.13 674,321.88 1,747,150.01 11/01/2007 1,072,828.13 674,321.88 1,747,150.01 3,494,300.02 05/0 I /2008 1,572,828.13 674,321.88 2,247,150.01 11/01/2008 1,058,765.63 674,321.88 1,733,087.51 3,980,237.52 05/01/2009 1,588,765.63 674,321.88 2,263,087.51 11/01/2009 1,043,859.38 674,321.88 1,718,181.26 3,981,268.77 05/01/2010 1,603,859.38 674,321.88 2,278,181.26 11/01/2010 1,028,109.38 674,321.88 1,702,431.26 3,980,612.52 05/01/20 II 1,623,109.38 674,321.88 2,297,431.26 11/01/2011 1,011,375.00 674,321.88 1,685,696.88 3,983,128.14 05/01/2012 1,636,375.00 674,321.88 2,310,696.88 11/01/2012 993,796.88 26,989,321.88 27,983,118.76 30,293,815.64 05/01/2013 1,658,796.88 1,658,796.88 11/01/2013 975,093.75 975,093.75 2,633,890.63 05/01/2014 1,675,093.75 1,675,093.75 11/01/2014 955,406.25 955,406.25 2,630,500.00 05/01/2015 1,695,406.25 1,695,406.25 11/01/2015 934,593.75 934,593.75 2,630,000.00 05/01/2016 1,719,593.75 1,719,593.75 11/01/2016 912,515.63 912,515.63 2,632,109.38 05/01/2017 1,742,515.63 1,742,515.63 11/01/2017 889,171.88 889,171.88 2,631,687.51 05/01/2018 1,769,171.88 1,769,171.88 11/01/2018 864,421.88 864,421.88 2,633,593.76 05/01/2019 1,794,421.88 1,794,421.88 11101/2019 838,265.63 838,265.63 2,632,687.51 05/01/2020 1,823,265.63 1,823,265.63 11/01/2020 810,562.50 810,562.50 2,633,828.13 05/01/2021 1,850,562.50 1,850,562.50 11/01/2021 781,312.50 781,312.50 2,631,875.00 05/01/2022 1,881,312.50 1,881,312.50 11/01/2022 750,375.00 750,375.00 2,631,687.50 05/01/2023 1,915,375.00 1,915,375.00 11/01/2023 717,609.38 717,609.38 2,632,984.38 05/01/2024 1,947,609.38 1,947,609.38 11/01/2024 683,015.63 683,015.63 2,630,625.0 I 05/01/2025 1,988,015.63 1,988,015.63 11/01/2025 646,312.50 646,312.50 2,634,328.13 05/01/2026 2,026,312.50 2,026,312.50 11/01/2026 607,500.00 607,500.00 2,633,812.50 05/01/2027 2,067,500.00 2,067,500.00 11/01/2027 566,437.50 566,437.50 2,633,937.50 05/01/2028 2,111,437.50 2,111,437.50 11/01/2028 522,984.38 522,984.38 2,634,421.88 05/01/2029 2,157,984.38 2,157,984.38 11/01/2029 477,000.00 477,000.00 2,634,984.38 05/01/2030 2,202,000.00 2,202,000.00 11/01/2030 428,484.38 428,484.38 2,630,484.38 05/01/2031 2,253,484.38 2,253,484.38 11/01/2031 377,156.25 377,156.25 2,630,640.63 05/01/2032 2,307,156.25 2,307,156.25 11/01/2032 322,875.00 322,875.00 2,630,031.25 05/01/2033 2,367,875.00 2,367,875.00 16\ 1. . ,:t.:. 4 , , ...... May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 7 BOND DEBT SERVICE BREAKDOWN Wentworth Estates Community Development District Special Assessment Bonds, Series 2006AfB FINAL NUMBERS Date Series 2006A Series 2006B Annual Total Total 265,359.38 2,633,234.38 2,430,359.38 204,468.75 2,634,828.13 2,494,468.75 140,062.50 2,634,531.25 2,560,062.50 72,000.00 2,632,062.50 2,632,000.00 2,632,000.00 117,275,278.34 117,275,278.34 11/01/2033 05/01/2034 11/01/2034 05/01/2035 11/01/2035 05/01/2036 11/0 I /2036 05/01/2037 11/01/2037 265,359.38 2,430,359.38 204,468.75 2,494,468.75 140,062.50 2,560,062.50 72,000.00 2,632,000.00 82,194,093.90 35,081,184.44 May 3, 2006 8:55 pm Prepared by DBC Finance ~D"l (Finance 5.016 Wentworth Estates (DOtJG):2006) Page 8 BOND SUMMARY STATISTICS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Dated Date Delivery Date Last Maturity 05/0 I /2006 05/16/2006 05/01/2037 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon 5.538452% 5.717729% 5.664820% 5.753124% 5.535366% Average Life (years) Duration ofIssue (years) 14.760 9.196 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service A verage Annual Debt Service 64,460,000.00 64,399,816.18 52,815,278.34 54,050,457.99 117,275,278.34 30,293,815.64 3,783,462.15 Underwriter's Fees (per $1000) Average Takedown Other Fee 15.969594 Total Underwriter's Discount 15.969594 Bid Price 98.083804 Bond Component Par Value Price Average Coupon Average Life Term Bonds 64,460,000.00 99.681 5.535% 14.760 64,460,000.00 14.760 TIC All-In TIC Arbitrage Yield Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 64,460,000.00 145,595.83 -205,779.65 -1,029,400.00 64,460,000.00 145,595.83 -205,779.65 -1,029,400.00 -200,000.00 64,460,000.00 145,595.83 -205,779.65 Target Value 63,370,416.18 63,170,416.18 64,399,816.18 Target Date Yield 05/16/2006 5.717729% 05/16/2006 5.753124% 05/16/2006 5.538452% May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wen 0 BOND SUMMARY STATISTICS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS Dated Date Delivery Date Last Maturity Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon A verage Life (years) Duration of Issue (years) Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price Bond Component Par Value 05/01/2006 05/1612006 05/0 I /203 7 5.538452% 5.799292% 5.720666% 5.827365% 5.625000% 20.488 11.601 38,145,000.00 38,094,410.19 44,049,093.90 44,798,246.20 82,194,093.90 2,634,984.38 2,652,103.09 15.969594 15.969594 98.036041 Price Average Coupon pag! Average Life 20.488 Term Bonds 38,145,000.00 99.633 5.625% 20.488 38,145,000.00 TIC Par Value " "I"1<~d Interest J l~mium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 38,145,000.00 89,402.34 -139,992.15 -609,160.15 Target Value 37,485,250.04 Target Date Yield 05/16/2006 5.799292% All-In TIC 38,145,000.00 89,402.34 -139,992.15 -609,160.15 -118,352.47 37,366,897.57 05/1612006 5.827365% Arbitrage Yield 38,145,000.00 89,402.34 -139,992.15 38,094,410.19 05/16/2006 5.538452% 161 1 B? (F'","" '.006 W,"Iw"rth E.."" (druG)"OO6) 1 I May 3, 2006 8:55 pm Prepared by DBC Finance Page I 0 BOND SUMMARY STATISTICS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006B FINAL NUMBERS Dated Date Delivery Date Last Maturity 05/0112006 05/1612006 11/01/2012 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon 5.538452% 5.467804% 5.409148% 5.526218% 5.125000% Average Life (years) Duration of Issue (years) 6.458 5.558 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service A verage Annual Debt Service 26,315,000.00 26,305,405.99 8,766,184.44 9,252,211.79 35,081,184.44 27,663,643.76 5,423,224.41 Underwriter's Fees (per $1000) Average Takedown Other Fee 15.969593 Total Underwriter's Discount 15.969593 Bid Price 98.153041 Bond Component Par Value Price Average Coupon Average Life Term Bonds 26,315,000.00 99.750 5.125% 6.458 26,315,000.00 6.458 TIC All-In TIC Arbitrage Yield Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 26,315,000.00 56,193.49 -65,787.50 -420,239.85 26,315,000.00 56,193.49 -65,787.50 -420,239.85 -81,647.53 26,315,000.00 56,193.49 -65,787.50 Target Value 25,885,166.14 25,803,518.61 26,305,405.99 Target Date Yield 05/16/2006 5.467804% 05116/2006 5.526218% 05116/2006 5.538452% May 3, 2006 8:55 pm Prepared by DBC Finance ~ I (Finance 5.016 Wentworth Estates (DOUG):2006) "lB 1 Page II PROJECT FUND Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A1B FINAL NUMBERS Interest Scheduled Date Deposit @3.5% Principal Draws Balance 05/1612006 54,947,351.75 54,947,351.75 06/01/2006 79,495.93 6,920,504.07 7,000,000.00 48,026,847.68 07/0112006 139,067.69 2,860,932.31 3,000,000.00 45,165,915.37 08/01/2006 130,783.50 2,869,216.50 3,000,000.00 42,296,698.87 09/01/2006 122,475.34 3,877 ,524.66 4,000,000.00 38,419,174.21 10/0 1/2006 111,247.49 3,888,752.51 4,000,000.00 34,530,421.70 11/0112006 99,987.12 3,900,012.88 4,000,000.00 30,630,408.82 12/0112006 88,694.14 3,911,305.86 4,000,000.00 26,719,102.96 01/0112007 77,368.47 3,922,631.53 4,000,000.00 22,796,471.43 02/01/2007 66,010.01 3,933,989.99 4,000,000.00 18,862,481.44 03/01/2007 54,618.66 3,945,381.34 4,000,000.00 14,917,100.10 04/01/2007 43,194.31 3,956,805.69 4,000,000.00 10,960,294.41 05/0112007 31,736.89 3,968,263.11 4,000,000.00 6,992,031.30 06/01/2007 20,246.29 3,979,753.71 4,000,000.00 3,012,277.59 07/01/2007 8,722.43 3,012,277.55 3,020,999.98 0.04 54,947,351.75 1,073,648.27 54,947,351.71 56,020,999.98 Yield To Receipt Date: 3.4999999% Arbitrage Yield: 5.5384523% Value of Negative Arbitrage: 604,050.03 May 3, 2006 8:55 pm Prepared by DBC Finance (F'","" 5.016 W"tw"rth ~"at" (DOUGJ'2006ll"g, 12 CAPITALIZED INTEREST FUND Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Interest Scheduled Date Deposit @3.5% Principal External Draws Balance 05116/2006 4,763,915.95 4,763,915.95 11101/2006 76,365.78 1,472,101.61 53,086.79 1,601,554.18 3,291,814.34 05/0112007 57,606.75 1,631,630.40 57,912.86 1,747,150.01 1,660,] 83.94 11101/2007 29,053.21 ] ,660, 183.94 57,912.86 1,747,150.01 4,763,915.95 163,025.74 4,763,915.95 168,9]2.51 5,095,854.20 Yield To Receipt Date: 3.4999999% Arbitrage Yield: 5.5384523% Value of Negative Arbitrage: 90,792.32 16' '1.. """, ~ ~ . [j 1:. May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 13 PROOF OF ARBITRAGE YIELD Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A1B FINAL NUMBERS Present Value to 05/16/2006 Date Debt Service Total @ 5.5384523% 11/01/2006 1,747,150.01 1,747,150.01 1,703,945.50 05/01/2007 1,747,150.01 1,747,150.01 1,658,030.87 11/01/2007 1,747,150.01 1,747,150.01 1,613,353.47 05/01/2008 2,247,150.01 2,247,150.01 2,019,148.73 11/01/2008 1,733,087.51 1,733,087.51 1,515,282.65 05/01/2009 2,263,087.51 2,263,087.51 ] ,925,357.67 11/01/2009 1,718,] 81.26 1,718,181.26 1,422,381.07 05/01/2010 2,278,181.26 2,278,181.26 1,835,152.56 11/01/2010 1,702,431.26 1,702,431.26 1,334,413.41 05/01/2011 2,297,431.26 2,297,431.26 1,752,266.88 ] 1/01/2011 1,685,696.88 1,685,696.88 1,251,048.43 05/01/2012 2,310,696.88 2,310,696.88 1,668,685.65 11/0] /20 12 27,983,118.76 27,983,118.76 19,663,670.25 05/01/2013 1,658,796.88 ],658,796.88 ],134,223.37 11/01/2013 975,093.75 975,093.75 648,766.87 05/01/20]4 1,675,093.75 1,675,093.75 1,084,471.96 11/01/20]4 955,406.25 955,406.25 601,872.08 05/01/20] 5 1,695,406.25 1,695,406.25 1,039,266.23 ] 1/01/2015 934,593.75 934,593.75 557,458.86 05/01/2016 1,719,593.75 1,719,593.75 998,050.97 ] 1/0]/2016 912,515.63 912,515.63 515,352.14 05/0]/2017 ],742,515.63 1,742,515.63 957,585.08 11101/2017 889,171.88 889,] 71.88 475,470.22 05/01/20] 8 1,769,]71.88 1,769,171.88 920,543.98 11/01/2018 864,421.88 864,421.88 437,660.33 05/0]/20] 9 1,794,421.88 1,794,421.88 884,042.00 11/01/20]9 838,265.63 838,265.63 401,852.72 05/01/2020 1,823,265.63 1,823,265.63 850,495.69 ] 1/01/2020 8] 0,562.50 8] 0,562.50 367,913.39 05/01/202] 1,850,562.50 1,850,562.50 817,334.36 11/01/2021 78],312.50 78],312.50 335,782.21 05/01/2022 ],881,312.50 1,881,312.50 786,739.16 11/0]/2022 750,375.00 750,375.00 305,340.98 05/01/2023 1,915,375.00 1,915,375.00 758,398.50 IliO 1/2023 717,609.38 717,609.38 276,483.15 05/01/2024 1,947,609.38 1,947,609.38 730,162.19 11/01/2024 683,0] 5.63 683,0]5.63 249,]63.85 05/01/2025 1,988,015.63 1,988,0]5.63 705,685.35 ] 1/01/2025 646,3]2.50 646,312.50 223,239.36 05/01/2026 2,026,3] 2.50 2,026,312.50 68] ,038.33 ] 1/0]/2026 607,500.00 607,500.00 198,677.34 05/0]/2027 2,067,500.00 2,067,500.00 657,937.26 11/0]/2027 566,437.50 566,437.50 175,399.3] 05/01/2028 2,111,437.50 2,111,437.50 636,] 96.]2 11/01/2028 522,984.38 522,984.38 ] 53,333.98 05/01/2029 2,]57,984.38 2,157,984.38 615,651.46 ] 1/01/2029 477,000.00 477,000.00 132,4] 6.44 05/01/2030 2,202,000.00 2,202,000.00 594,809.3 ] ] I/O 1/2030 428,484.38 428,484.38 112,624.36 05/01/2031 2,253,484.38 2,253,484.38 576,353.35 11/01/2031 377,156.25 377,156.25 93,862.58 05/01/2032 2,307,156.25 2,307,156.25 558,708.28 11/01/2032 322,875.00 322,875.00 76,081.56 May 3, 2006 8:55 pm Prepared by DBC Finance (Fi",""~Ol ~'",~orth E';!" tiUG),ijo06l P'g, 14 PROOF OF ARBITRAGE YIELD Wentworth Estates Community Development District Special Assessment Bonds, Series 2006AIB FINAL NUMBERS Date Present Value to 05/1612006 Debt Service Total @ 5.5384523% 2,367,875.00 2,367,875.00 542,926.07 265,359.38 265,359.38 59,204.30 2,430,359.38 2,430,359.38 527,626.07 204,468.75 204,468.75 43,]93.62 2,494,468.75 2,494,468.75 512,752.33 ]40,062.50 140,062.50 28,014.85 2,560,062.50 2,560,062.50 498,257.65 72,000.00 72,000.00 ] 3,635.55 2,632,000.00 2,632,000.00 485,023.88 117,275,278.34 ]] 7,275,278.34 64,399,8]6.18 05/0112033 1110112033 05/0112034 11101/2034 05101/2035 1]/0112035 05/0] 12036 ] 1/01/2036 05/01/2037 Proceeds Summary Delivery date Par Value Accrued interest Premium (Discount) 05/16/2006 64,460,000.00 145,595.83 -205,779.65 Target for yield calculation 64,399,816.18 May 3, 2006 8:55 pm Prepared by DBC Finance ..Wi ~o '1.. .~ (Finance 5,016 Wentworth Estates (DOUG):2006) Page I BOND PRICING Wentworth Estates Community Development District Special Assessment Bonds, Series 2006MB FINAL NUMBERS Bond Component Maturity Date Term Bonds: 05/01/2037 Term Bonds: 11/01/2012 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Amount Rate Yield Price 38,145,000 5.625% 5,650% 99.633 26,315,000 5.125% 5.171% 99,750 64,460,000 05/01/2006 05/16/2006 1 1/01/2006 64,460,000.00 -205,779.65 64,254,220.35 99.680764% - 1,029,400.00 -1.596959% 63,224,820.35 98.083804% 145,595.83 63,370,416.18 May 3, 2006 8:55 pm Prepared by DBC Finance J 6 /: 0: (Finance 5.016 W entwortla~OUG):2006) , Page 2 SOURCES AND USES OF FUNDS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A1B FINAL NUMBERS Dated Date Delivery Date 05/0 1/2006 05/16/2006 Sources: FINAL06A FINAL06B Total Bond Proceeds: Par Amount Accrued Interest Original Issue Discount 38,145,000.00 89,402.34 -139,992.15 26,3 15,000.00 56,193.49 -65,787.50 64,460,000.00 145,595.83 -205,779.65 38,094,410.1 9 26,305,405.99 64,399,816.18 Uses: FINAL06A FIN AL06B Total Project Fund Deposits: Construction Fund 31,747,009.61 23,200,342.14 54,947,351.75 Other Fund Deposits: Debt Service Reserve Fund 2,634,984.38 674,321.88 3,309,306.26 Capitalized Interest Fund 2,895,501.24 1,868,414.71 4,763,915.95 Accrued Interest 89,402.34 56, I 93.49 145,595.83 5,619,887.96 2,598,930.08 8,218,818.04 Delivery Date Expenses: Cost of Issuance 118,352.47 81,647.53 200,000.00 Underwriter's Discount 609,160.15 420,239.85 1,029,400.00 727,512.62 501,887.38 1,229,400.00 Other Uses of Funds: Additional Proceeds 4,246.39 4,246.39 38,094,410.19 26,305,405.99 64,399,816.18 Note: Call Option: 5/1/2015 @ Par May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wen~h Ltates (li06) P:l, BOND DEBT SERVICE Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/16/2006 ] 1/0112006 1,072,828.] 3 1,072,828.13 1,072,828.13 05/01/2007 1,072,828.] 3 1,072,828.13 11/01/2007 1,072,828.13 1,072,828.13 2,145,656.26 05/01/2008 500,000 5.625% 1,072,828.13 1,572,828.13 11/0112008 1,058,765.63 1,058,765.63 2,631,593.76 05/0] /2009 530,000 5.625% 1,058,765.63 1,588,765.63 ] 1/01/2009 1,043,859.38 1,043,859.38 2,632,625.01 05/01/20 I 0 560,000 5.625% ] ,043,859.38 1,603,859.38 11/01/2010 1,028,109.38 1,028,109.38 2,631,968.76 05/01/20 II 595,000 5.625% 1,028,109.38 1,623,109.38 11/0112011 1,011,375.00 1,011,375.00 2,634,484.38 05/01/2012 625,000 5.625% 1,011,375.00 1,636,375.00 11/01/2012 993,796.88 993,796.88 2,630,17\.88 05/01/2013 665,000 5.625% 993,796.88 1,658,796.88 11/0112013 975,093.75 975,093.75 2,633,890.63 05/0112014 700,000 5.625% 975,093.75 1,675,093.75 11/0112014 955,406.25 955,406.25 2,630,500.00 05/01/2015 740,000 5.625% 955,406.25 1,695,406.25 11/01/2015 934,593.75 934,593.75 2,630,000.00 05/01/2016 785,000 5.625% 934,593.75 1,719,593.75 11/01/2016 912,515.63 912,515.63 2,632,109.38 05/01/2017 830,000 5.625% 912,515.63 1,742,515.63 11/01/2017 889,17\.88 889,17\.88 2,631,687.51 05/01/2018 880,000 5.625% 889,17 \.88 1,769,17\.88 11/01/2018 864,421.88 864,421.88 2,633,593.76 05/01/2019 930,000 5.625% 864,42 \.88 1,794,42\.88 11/01/2019 838,265.63 838,265.63 2,632,687.51 05/0112020 985,000 5.625% 838,265.63 1,823,265.63 11/01/2020 810,562.50 810,562.50 2,633,828.13 05/01/2021 1,040,000 5.625% 810,562.50 1,850,562.50 11/0112021 781,312.50 781,312.50 2,631,875.00 05/01/2022 1,100,000 5.625% 781,312.50 1,881,312.50 11/01/2022 750,375.00 750,375.00 2,631,687.50 05/01/2023 1,165,000 5.625% 750,375.00 1,915,375.00 11/01/2023 717,609.38 717,609.38 2,632,984.38 05/01/2024 1,230,000 5.625% 717,609.38 1,947,609.38 11/01/2024 683,015.63 683,015.63 2,630,625.01 05/01/2025 1,305,000 5.625% 683,015.63 1,988,015.63 111/2025 646,312.50 646,312.50 2,634,328.13 liSIO 1/2026 1,380,000 5.625% 646,312.50 2,026,312.50 11/01/2026 607,500.00 607,500.00 2,633,812.50 05/01/2027 1,460,000 5.625% 607,500.00 2,067,500.00 11/01/2027 566,437.50 566,437.50 2,633,937.50 05/01/2028 1,545,000 5.625% 566,437.50 2,111,437.50 11/0112028 522,984.38 522,984.38 2,634,421.88 05/01/2029 1,635,000 5.625% 522,984.38 2,157,984.38 11/0 I /2029 477,000.00 477,000.00 2,634,984.38 05/01/2030 1,725,000 5.625% 477,000.00 2,202,000.00 11/01/2030 428,484.38 428,484.38 2,630,484.38 05/01/2031 1,825,000 5.625% 428,484.38 2,253,484.38 11/01/2031 377,156.25 377,156.25 2,630,640.63 05/01/2032 1,930,000 5.625% 377,156.25 2,307,156.25 11/0112032 322,875.00 322,875.00 2,630,031.25 !! 'f {: L May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 4 BOND DEBT SERVICE Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/01/2033 2,045,000 5.625% 322,875.00 2,367,875.00 11/01/2033 265,359.38 265,359.38 2,633,234.38 05/01/2034 2,165,000 5.625% 265,359.38 2,430,359.38 I 1/01/2034 204,468.75 204,468.75 2,634,828. I 3 05/01/2035 2,290,000 5.625% 204,468.75 2,494,468.75 II/OI/2035 140,062.50 140,062.50 2,634,53 I .25 05/01/2036 2,420,000 5.625% 140,062.50 2,560,062.50 I I/O 1/2036 72,000.00 72,000.00 2,632,062.50 05/01/2037 2,560,000 5.625% 72,000.00 2,632,000.00 11/01/2037 2,632,000.00 38,145,000 44,049,093.90 82,194,093.90 82,194,093.90 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 5 BOND DEBT SERVICE 6 " '1 Wentworth Estates Community Development District B..t, Special Assessment Bonds, Series 2006B FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 05/16/2006 11/01/2006 674,321.88 674,321.88 674,321.88 05/01/2007 674,321.88 674,321.88 1 \101/2007 674,321.88 674,321.88 1,348,643.76 05/01/2008 674,321.88 674,321.88 1 \101/2008 674,321.88 674,321.88 1,348,643.76 05/01/2009 674,321.88 674,321.88 11/01/2009 674,321.88 674,321.88 1,348,643.76 05/01/2010 674,321.88 674,321.88 11 /0 1/20 1 0 674,321.88 674,321.88 1,348,643.76 05/01/2011 674,321.88 674,321.88 11/01/2011 674,321.88 674,321.88 1,348,643.76 05/01/2012 674,321.88 674,321.88 11/01/2012 26,315,000 5.125% 674,321.88 26,989,321.88 27,663,643.76 26,315,000 8,766,184.44 35,081,184.44 35,081,184.44 May 3, 2006 8:55 pm Prepared by DBC Finance ,,,.lJ..,. n ;~J (Finance 5.016 Wentworth Estates (DO~):! Pa~6 BOND DEBT SERVICE BREAKDOWN Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Annual Date Series 2006A Series 2006B Total Total 11/01/2006 1,072,828.13 674,321.88 1,747,]50.01 1,747,150.01 05/01/2007 1,072,828.13 674,321.88 1,747,150.01 1 ] /0 1/2007 1,072,828.13 674,321.88 1,747,150.01 3,494,300.02 05/01/2008 1,572,828.13 674,321.88 2,247,150.01 11/01/2008 1,058,765.63 674,321.88 1,733,087.51 3,980,237.52 05/01/2009 1,588,765.63 674,321.88 2,263,087.51 11/01/2009 1,043,859.38 674,321.88 1,718,181.26 3,981,268.77 05/01/2010 1,603,859.38 674,321.88 2,278,181.26 11/01/2010 1,028, I 09.38 674,321.88 1,702,431.26 3,980,612.52 05/01/2011 1,623,109.38 674,321.88 2,297,431.26 ll/O 1/20 II 1,011,375.00 674,321.88 1,685,696.88 3,983,128.14 05/01/2012 1,636,375.00 674,321.88 2,310,696.88 11/01/2012 993,796.88 26,989,321.88 27,983,118.76 30,293,815.64 05/01/2013 1,658,796.88 1,658,796.88 11/01/2013 975,093.75 975,093.75 2,633,890.63 05/01/2014 1,675,093.75 1,675,093.75 11/01/2014 955,406.25 955,406.25 2,630,500.00 05/01/2015 1,695,406.25 1,695,406.25 11/0]/2015 934,593.75 934,593.75 2,630,000.00 05/01/2016 1,719,593.75 1,719,593.75 11/01/2016 912,515.63 912,515.63 2,632,109.38 05/01/2017 1,742,515.63 1,742,515.63 11/01/2017 889,171.88 889,171.88 2,631,687.51 05/01/2018 1,769,171.88 1,769,171.88 11/01/2018 864,421.88 864,421.88 2,633,593.76 05/01/2019 1,794,421.88 1,794,421.88 11/01/2019 838,265.63 838,265.63 2,632,687.51 05/01/2020 1,823,265.63 1,823,265.63 11/01/2020 810,562.50 810,562.50 2,633,828.13 05/0 I /2021 1,850,562.50 1,850,562.50 ll/O 1/2021 781,312.50 781,312.50 2,631,875.00 05/01/2022 1,881,312.50 1,881,312.50 II /0 1/2022 750,375.00 750,375.00 2,631,687.50 05/01/2023 1,915,375.00 1,915,375.00 11/01/2023 717,609.38 717,609.38 2,632,984.38 05/01/2024 1,947,609.38 1,947,609.38 11/0 I /2024 683,015.63 683,015.63 2,630,625.01 05/01/2025 1,988,015.63 1,988,015.63 11/01/2025 646,312.50 646,312.50 2,634,328.13 05/01/2026 2,026,312.50 2,026,312.50 11/01/2026 607,500.00 607,500.00 2,633,812.50 05/01/2027 2,067,500.00 2,067,500.00 11/01/2027 566,437.50 566,437.50 2,633,937.50 05/01/2028 2,111,437.50 2,111,437.50 11/01/2028 522,984.38 522,984.38 2,634,421.88 05/01/2029 2,157,984.38 2,157,984.38 11/01/2029 477,000.00 477,000.00 2,634,984.38 05/01/2030 2,202,000.00 2,202,000.00 11/01/2030 428,484.38 428,484.38 2,630,484.38 05/01/2031 2,253,484.38 2,253,484.38 II /0 1/2031 377,156.25 377,156.25 2,630,640.63 05/01/2032 2,307,156.25 2,307,156.25 11/01/2032 322,875.00 322,875.00 2,630,031.25 05/01/2033 2,367,875.00 2,367,875.00 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 7 BOND DEBT SERVICE BREAKDOWN '16 f ~ 1 Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A1B FINAL NUMBERS Date Series 2006A Series 2006B Annual Total Total 265,359.38 2,633,234.38 2,430,359.38 204,468.75 2,634,828.13 2,494,468.75 140,062.50 2,634,531.25 2,560,062.50 72,000.00 2,632,062.50 2,632,000.00 2,632,000.00 117,275,278.34 117,275,278.34 11/01/2033 05/01/2034 11/01/2034 05/01/2035 11/01/2035 05/01/2036 11/01/2036 05/01/2037 11/01/2037 265,359.38 2,430,359.38 204,468.75 2,494,468.75 140,062.50 2,560,062.50 72,000.00 2,632,000.00 82,194,093.90 35,081,184.44 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 8 BOND SUMMARY STATISTICS -' Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Dated Date Delivery Date Last Maturity OSlO 1/2006 05/1612006 OSlO 1/2037 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon 5.538452% 5.717729% 5.664820% 5.753124% 5.535366% Average Life (years) Duration oflssue (years) 14.760 9.196 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service A verage Annual Debt Service 64,460,000.00 64,399,816.18 52,815,278.34 54,050,457.99 117,275,278.34 30,293,815.64 3,783,462.15 Underwriter's Fees (per $1000) Average Takedown Other Fee 15.969594 Total Underwriter's Discount 15.969594 Bid Price 98.083804 Bond Component Par Value Price Average Coupon Average Life Term Bonds 64,460,000.00 99.681 5.535% 14.760 64,460,000.00 14.760 TIC All-In TIC Arbitrage Yield Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 64,460,000.00 145,595.83 -205,779.65 -1,029,400.00 64,460,000.00 145,595.83 -205,779.65 -1,029,400.00 -200,000.00 64,460,000.00 145,595.83 -205,779.65 Target Value 63,370,416.18 63,170,416.18 64,399,816.18 Target Date Yield 05/16/2006 5.717729% 05/16/2006 5.753124% 05/16/2006 5.538452% May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 9 BOND SUMMARY STATISTICS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A FINAL NUMBERS t~ i 1 B 1 Dated Date Delivery Date Last Maturity 05/01/2006 05/16/2006 05/01/2037 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon 5.538452% 5.799292% 5.720666% 5.827365% 5.625000% Average Life (years) Duration of Issue (years) 20.488 11.601 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service A verage Annual Debt Service 38,145,000.00 38,094,410.19 44,049,093.90 44,798,246.20 82,194,093.90 2,634,984.38 2,652, I 03.09 Underwriter's Fees (per $1000) Average Takedown Other Fee 15.969594 Total Underwriter's Discount 15.969594 Bid Price 98.036041 Bond Component Par Value Price Average Coupon Average Life Term Bonds 38,145,000.00 99.633 5.625% 20.488 38,145,000.00 20.488 TIC All-In TIC Arbitrage Yield Par Value oift'r":Si I ,'lemium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 38,145,000.00 89,402.34 -139,992.15 -609,160.15 38,145,000.00 89,402.34 -139,992.15 -609,160.15 -118,352.47 38,145,000.00 89,402.34 -139,992.15 Target Value 37,485,250.04 37,366,897.57 38,094,410.19 Target Date Yield 05116/2006 5.799292% 05/16/2006 5.827365% 05/16/2006 5.538452% May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.0] 6 Wentworth Estates (DOUG):2006) Page 10 BOND SUMMARY STATISTICS Wentworth Estates Community Development District Special Assessment Bonds, Series 2006B FINAL NUMBERS Dated Date Delivery Date Last Maturity 05/01/2006 05/16/2006 11/01/2012 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC A verage Coupon 5.538452% 5.467804% 5.409148% 5.526218% 5.125000% Average Life (years) Duration ofIssue (years) 6.458 5.558 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service A verage Annual Debt Service 26,315,000.00 26,305,405.99 8,766,184.44 9,252,211.79 35,081,184.44 27,663,643.76 5,423,224.41 Underwriter's Fees (per $1000) Average Takedown Other Fee 15.969593 Total Underwriter's Discount 15.969593 Bid Price 98.153041 Bond Component Par Value Average Coupon Price J" '" ,,':1 b ~ Average Life Term Bonds 26,315,000.00 99.750 5.125% 6.458 26,315,000.00 6.458 TIC All-In TIC Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts 26,315,000.00 56,193.49 -65,787.50 -420,239.85 26,315,000.00 56,193.49 -65,787.50 -420,239.85 -81,647.53 Target Value 25,885,166.14 25,803,518.61 Target Date Yield 05/16/2006 5.467804% 05/16/2006 5.526218% Arbitrage Yield 26,315,000.00 56,193.49 -65,787.50 26,305,405.99 05/16/2006 5.538452% May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.0]6 Wentworth Estates (DOUG):2006) Page II PROJECT FUND Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A1B FINAL NUMBERS Interest Scheduled Date Deposit @3.5% Principal Draws 05/16/2006 54,947,351.75 06/01/2006 79,495.93 6,920,504.07 7,000,000.00 07/01/2006 139,067.69 2,860,932.31 3,000,000.00 08/01/2006 130,783.50 2,869,216.50 3,000,000.00 09/0112006 122,475.34 3,877,524.66 4,000,000.00 10/01/2006 111,247.49 3,888,752.51 4,000,000.00 11/0112006 99,987.12 3,900,012.88 4,000,000.00 12/0] /2006 88,694.14 3,911,305.86 4,000,000.00 01/01/2007 77,368.47 3,922,631.53 4,000,000.00 02/01/2007 66,010.01 3,933,989.99 4,000,000.00 03/01/2007 54,618.66 3,945,381.34 4,000,000.00 04/0112007 43,194.31 3,956,805.69 4,000,000.00 05/0112007 31,736.89 3,968,263.11 4,000,000.00 06/0112007 20,246.29 3,979,753.71 4,000,000.00 07/01/2007 8,722.43 3,012,277 .55 3,020,999.98 54,947,351. 75 1,073,648.27 54,947,351.71 56,020,999.98 Yield To Receipt Date: 3.4999999% Arbitrage Yield: 5.5384523% Value of Negative Arbitrage: 604,050.03 16' Balance 54,947,351.75 48,026,847.68 45,165,915.37 42,296,698.87 38,419,174.21 34,530,421.70 30,630,408.82 26,719,102.96 22,796,471.43 18,862,481.44 14,917,100.10 10,960,294.41 6,992,031.30 3,012,277.59 0.04 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 12 CAPIT ALIZED INTEREST FUND ." Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Interest Scheduled Date Deposit @3.5% Principal External Draws Balance 05/16/2006 4,763,915.95 4,763,915.95 11/01/2006 76,365.78 1,472,101.61 53,086.79 1,601,554.18 3,291,814.34 05/0]/2007 57,606.75 1,631,630.40 57,912.86 1,747,150.01 1,660,183.94 11/01/2007 29,053.21 1,660,183.94 57,912.86 1,747,150.01 4,763,915.95 163,025.74 4,763,915.95 168,912.51 5,095,854.20 Yield To Receipt Date: 3.4999999% Arbitrage Yield: 5.5384523% Value of Negative Arbitrage: 90,792.32 May 3, 2006 8:55 pm Prepared by DBC Finance (Finance 5.016 Wentworth Estates (DOUG):2006) Page 13 PROOF OF ARBITRAGE YIELD i 6 I "...... .1 1 B Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Present Value to 05/16/2006 Date Debt Service Total @ 5.5384523% 11/01/2006 1,747,150.01 1,747,150.01 1,703,945.50 05/01/2007 1,747,150.01 1,747,150.01 1,658,030.87 11/01/2007 1,747,150.01 1,747,150.01 1,613,353.47 05/01/2008 2,247,150.01 2,247,150.01 2,019,148.73 11/01/2008 1,733,087.51 1,733,087.51 1,515,282.65 05/01/2009 2,263,087.51 2,263,087.51 1,925,357.67 11/01/2009 1,718,181.26 1,718,181.26 1,422,381.07 05/01/2010 2,278,181.26 2,278,181.26 1,835,152.56 11/01/2010 1,702,431.26 1,702,431.26 1,334,413.41 05/01/2011 2,297,431.26 2,297,431.26 1,752,266.88 11/01/2011 1,685,696.88 1,685,696.88 1,251,048.43 05/01/2012 2,310,696.88 2,310,696.88 1,668,685.65 11/01/20]2 27,983,118.76 27,983,1 ]8.76 19,663,670.25 05/01/2013 1,658,796.88 1,658,796.88 1,134,223.37 11/01/2013 975,093.75 975,093.75 648,766.87 05/01/2014 1,675,093.75 1,675,093.75 1,084,471.96 11/0]/2014 955,406.25 955,406.25 601,872.08 05/01/2015 [ ,695,406.25 1,695,406.25 1,039,266.23 11/01/2015 934,593.75 934,593.75 557,458.86 05/0 I /20 16 1,7]9,593.75 1,719,593.75 998,050.97 11/01/2016 912,515.63 912,515.63 515,352.14 05/01/20] 7 1,742,515.63 1,742,515.63 957,585.08 11/01/20] 7 889,171.88 889,171.88 475,470.22 05/01/2018 1,769,171.88 1,769,171.88 920,543.98 11/01/2018 864,421.88 864,421.88 437,660.33 05/01/2019 1,794,421.88 [ ,794,421.88 884,042.00 [ 1/01/2019 838,265.63 838,265.63 401,852.72 05/01/2020 1,823,265.63 [ ,823,265.63 850,495.69 1 ]/01/2020 810,562.50 8 [0,562.50 367,913.39 05/0 1 /2021 1,850,562.50 1,850,562.50 817,334.36 11/01/2021 781,312.50 781,312.50 335,782.2 [ 05/01/2022 1,881,3]2.50 1,881,312.50 786,739.16 11/01/2022 750,375.00 750,375.00 305,340.98 05/01/2023 1,9 [5,375.00 [ ,915,375.00 758,398.50 11/01/2023 717,609.38 717,609.38 276,483.15 05/01/2024 1,947,609.38 1,947,609.38 730,[62.19 [ I/O 1 /2024 683,0 [5.63 683,015.63 249,163.85 05/01/2025 1,988,015.63 1,988,015.63 705,685.35 11/01/2025 646,312.50 646,312.50 223,239.36 05/01/2026 2,026,312.50 2,026,312.50 68] ,038.33 ] 1/01/2026 607,500.00 607,500.00 198,677.34 05/01/2027 2,067,500.00 2,067,500.00 657,937.26 11/01/2027 566,437.50 566,437.50 175,399.31 05/01/2028 2,111,437.50 2,111,437.50 636, [96.12 ] I/O 1/2028 522,984.38 522,984.38 153,333.98 05/01/2029 2,157,984.38 2,157,984.38 615,651.46 11/01/2029 477,000.00 477,000.00 132,416.44 05/01/2030 2,202,000.00 2,202,000.00 594,809.31 11/01/2030 428,484.38 428,484.38 112,624.36 05/01/203 [ 2,253,484.38 2,253,484.38 576,353.35 11/01/2031 377,156.25 377,156.25 93,862.58 05/01/2032 2,307,156.25 2,307,156.25 558,708.28 11/01/2032 322,875.00 322,875.00 76,081.56 May 3,2006 8:55 pm Prepared by DBC Finance ] . 1 (Finance 5.~; 6 Wentworth Estates (DOUG): 06) Page 14 PROOF OF ARBITRAGE YIELD Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A/B FINAL NUMBERS Date Present Value to 05/16/2006 Debt Service Total @ 5.5384523% 2,367,875.00 2,367,875.00 542,926.07 265,359.38 265,359.38 59,204.30 2,430,359.38 2,430,359.38 527,626.07 204,468.75 204,468.75 43,193.62 2,494,468.75 2,494,468.75 512,752.33 140,062.50 140,062.50 28,014.85 2,560,062.50 2,560,062.50 498,257.65 72,000.00 72,000.00 13,635.55 2,632,000.00 2,632,000.00 485,023.88 117,275,278.34 117,275,278.34 64,399,816.18 05/0112033 1110112033 05/0112034 1110112034 05/0112035 1110112035 05/0112036 1110112036 05/01/2037 Proceeds Summarv Delivery date Par Value Accrued interest Premium (Discount) 05/16/2006 64,460,000.00 145,595.83 -205,779.65 Target for yield calculation 64,399,816.18 16' 1B Wentworth Estates Community Development District Supplemental Special Assessment Report May 4, 2006 prepared by Severn Trent Services, Inc. S E V I' I~ N TRENI' OISTRICTS-#19617.va.wenlWorth_Est8Ies_CDD_Serles_2006_SupplemenlaCMethodologLReporl.DOC 161 191 Table of Contents 1.0 Introduction 1 . 1 Purpose.............................................................................................. 1 1.2 Scope of the Report ........................................................................1 1.3 Special and General Benefits ........................................................1 1.4 Organization of this Report .............................................................2 2.0 Development Program for Wentworth Estates 2.1 Overview...... .......................... .............. ............................ .................2 2.2 The Development Program ............................................................3 3.0 The Capital Improvement Program for Wentworth Estates 3. 1 Engineering Report.......... ......... ........................ ............................ ...3 3.2 Capital I mprovement Program...... ...... ..... ................................. ....3 4.0 Financing Program for Wentworth Estates 4.1 Overview. ........................... ............................................... ................4 4.2 Type of Special Assessment Bonds Proposed ..............................4 5.0 Assessment Methodology 5. 1 Overview... ........... ........................... ........... .......................................5 5.2 Assigning Debt.................................................................................. 7 5.3 Lienability Test: Special and Peculiar Benefit to the Property...9 5.4 Lienability Test: Reasonable and Fair Apportionment of the Duty to Pay......... ............... .......... .............. ........................ .........................10 5.5 Inventory Adjustment Determination ..........................................11 5.6 Assessment Roll........ .......... ........... ......... ...................... ...................12 6.0 Appendix 4IMrt\l1Ml - ii 16j ';"""', ~:' ,t "'"' ',~i/ ,::b(.. U 1.0 Introduction 1.1 Purpose This report was prepared to supplement the Master Special Assessment Report for the Wentworth Estates Community Development District (lithe District") dated September 7, 2004 and to develop a financing plan and assessment methodology for the Series 2006A and Series 2006B Bonds. 1.2 Scope of the Report This Report presents projections for financing the District's capital requirements necessary to provide all community infrastructure improvements described in the District Engineer's Report developed by Johnson Engineering, Inc. dated April 2006 and entitled Supplemental Engineer's Report. The Series 2006A and Series 2006B Bonds will finance the majority of the improvements comprising the Project. This Report also describes the apportionment of benefits and special assessments resulting from the provision of improvements to the lands within the District. 1.3 Special Benefits and General Benefits Improvements undertaken by the District create special and peculiar benefits to the property, different in kind and degree than general benefits, for properties within its borders, with certain exceptions described later in this document, as well as general benefits to the public at large. However, as discussed within this report, these general benefits are incidental in nature and are readily distinguishable from the special and peculiar benefits, which accrue to property within the District. The infrastructure program of the District enables properties within its boundaries to be developed. Without the District's program, there would be no infrastructure to support development of land within the District. Without these improvements, state law would prohibit development of property within the District. aial... - ........-..... ~, 1 There is no doubt that the general public, property owners, and property outside the District will benefit from the provision of District infrastructure. However, these are incidental to the District's infrastructure program, which is designed solely to provide special benefits peculiar to property within the District. Properties outside the District and two specific properties within the District identified in Section 5. 1 do not depend upon the District's Improvement Program to obtain, or to maintain their development entitlements. This fact alone clearly distinguishes the special benefits which District properties receive compared to those lying outside of the District's boundaries. Even though the exact value of the benefits provided by the District's improvement program is hard to estimate at this point, it is nevertheless greater than the costs associated with providing same. 1.4 Organization of this Report Section Two describes the development program as proposed by the Developer. Section Three provides a summary of the capital improvement program for the District as determined by the District Engineer. Section Four discusses the financing program for the District. Section Five describes the Assessment Methodology. 2.0 Development Program for Wentworth Estates 2.1 Overview The Wentworth Estates development is designed as a master planned, amenitized, residential community, located within unincorporated Collier County, Florida. The proposed land use within the District is consistent with the Collier County Land Use and Comprehensive Plans. - ~mlll~. 2 l~~ l I :, r) 18 2.2 The Development Program The development program for the land contained within a Community Development District is traditionally provided by the Developer, who for the Wentworth Estates Community Development District is comprised of Treviso Bay Development LLC for the residential component, VK Holdings Treviso Bay Golf Course, LLC for the golf course component and VK Holdings Treviso Bay Commercial, LLC for the commercial component (collectively referred to as the "Developer"). At present time, the community is planned to be comprised of a maximum of 1,200 single-family and multi- family residences, a golf course, a golf club house, an amenity center and approximately 85,000 square feet of commercial space, however, the planned unit numbers and land use types may change. 3.0 The Capital Improvement Program for Wentworth Estates 3.1 Engineering Report The infrastructure costs to be funded by the Wentworth Estates CDD are determined by the District Engineer in his Supplemental Engineer's Report dated April 2006. Only infrastructure that is expected to qualify for bond financing by the District under Chapter 190, Florida Statutes, was included in these estimates. 3.2 Capital Improvement Program The infrastructure needed to serve the development consists of Surface Water Management, Water, Sewer and Irrigation Utilities, Roads, Landscaping, Off-Site Improvements and Mitigation. The community infrastructure which will be constructed will represent a system of improvements that will provide benefits to all of the developable land within the District with the exception of the planned commercial parcel and planned future Florida Power & Light (FPL) electric substation as described further in Section 5. 1 of this Report. . 3 1 The total costs for the public infrastructure that will be provided by the District are calculated by adding to the construction costs the costs for design, permitting, construction administration and contingencies. At the time of this writing, the total cost of the Project according to the Supplemental Engineer's Report was projected at $60,021,000. 4.0 Financing Program for Wentworth Estates 4.1 Overview As noted above, the District is embarking on a program of capital improvements, which will facilitate the development of lands within the District. Construction of the infrastructure may be funded by the Developer and acquired by the District as per an Acquisition Agreement between the District and the Developer and/or funded directly by the District. It is expected at this time that the District will only fund a portion of the $60,021,000 in infrastructure costs with proceeds of its Series 2006A and Series 2006B Bonds, though the properties within the District will benefit from all of the infrastructure described in the Supplemental Engineer's Report. The current financing plan for the District calls for issuance of Series 2006A Long-Term Bonds in the principal amount of $38,145,000 to defray $31,747,009 in construction/ acquisition costs and Series 2006B Short-Term Bonds in the principal amount of $26,315,000 to defray $23,200,342 in construction/acquisition costs. The Series 2006A and Series 2006B Construction Funds, with interest earnings, are expected to fund approximately $56,021,000 of the Project. 4.2 Types of Special Assessment Bonds Proposed .... ~ The Series 2006A and 2006B Bonds ("Series 2006 Bonds") are anticipated to have a May 1, 2006 dated date and have their interest payments capitalized through November 1, 2007. The Series 2006A Bonds will be repaid with thirty principal installments commencing on May 1, 2008 with interest paid 4 N 18,. semiannually every May 1 and November 1 commencing 1 November 1, 2006. The Series 2006B Bonds will have no mandatory redemption prior to maturity scheduled for November 1, 2012, however, will likely be redeemed prior to maturity on quarterly redemption dates as the assessments securing the Series 2006B Bonds will likely be prepaid at the time of sale of a unit to the ultimate owner of that unit. Interest on the Series 2006B Bonds will be paid semiannually every May 1 and November 1 commencing November 1, 2006. In order to finance $56,021,000 in construction costs, the District will need to borrow more funds and incur indebtedness in the total amount of $64,460,000. The difference is comprised of costs of issuance including underwriter's discount and professional fees associated with debt issuance, capitalized interest costs as the District will be borrowing funds with which it will pay the first three scheduled interest payments for each Bond series, debt service reserve and lastly small contingency expenses. These additional costs increase the principal amount of the Bonds by a total of approximately thirteen (13) percent. Preliminary sources and uses of funding for Series 2006 Bonds are presented in Exhibit I in the Appendix. 5.0 Assessment Methodology 5.1 Overview .... .1I~" _.,,.~..-- Special Assessment Bonds provide the District with funds to conduct the improvement program outlined in Section 3.2. These improvements lead to special and general benefits, with special benefits accruing with certain exceptions generally to the properties within the boundaries of the District and general benefits accruing to areas outside the District and being only incidental in nature. The debt incurred in financing infrastructure construction will be paid off by assessing properties that according to this report derive special and peculiar benefits from the proposed projects. All properties that according to this report receive special and 5 . 11 peculiar benefits from the District's improvement program will be assessed. Generally, all properties within the boundaries of the District are thought to benefit from the District improvements. In this case, however, there are two specific properties which do not enjoy any benefits from the provision of the District's infrastructure and a third property which itself provides significant infrastructure benefits to the balance of the community and is assessed at a reduced rate. The first property is the future commercial parcel located at the very edge of the District boundary on U.S. 41. This land parcel, although within the legal boundaries of the District, is being developed separately from the balance of the District and its development is not contingent upon the planned District infrastructure. Any benefits which the commercial parcel will receive from the District's infrastructure will be general in nature and as such, no assessments will be allocated to this property. The second property is the future site of the Florida Power & Light (FPL) power substation. The specific parcel which will contain such FPL facility is anticipated to be moved from the current location within a parcel owned by the FPL outside the District's boundaries, to a new site within the District's boundaries as described by the District Engineer by the means of a metes and bounds description. The rationale for exempting the future site of the FPL facility from the District's assessments is that the future FPL site will not derive any special and peculiar benefit from the District's improvements as the development of the site is not dependent on the provision of the District's infrastructure. Should the land exchange not be completed and should the proposed parcel of land not be developed as an electric sub-station, the parcel will be assessed according to this methodology. The third property is the golf course, which is projected to serve residents of the District. As the lakes of the golf course, however, will function as part of the District's master storm water management system, the golf course will provide a valuable area for storm water runoff storage and retention providing a direct benefit to the balance of the District and 6 . I ..~ 1. the course itself will have a low runoff coefficient. This benefit is reflected in a lower assessment allocated to the golf course. 5.2 Assigning Debt The current development plan for the District projects construction of infrastructure for 1,200 single-family and multi- family residences, a golf course, a golf club house and an amenity center, however, the planned unit numbers and land use types may change. The infrastructure provided by the District will include Surface Water Management, Water, Sewer and Irrigation Utilities, Roads, Landscaping, Off-Site Improvements and Mitigation. All residential development within the District as well as the golf club house and the amenity center will benefit from all infrastructure improvement categories, as the improvements provide basic infrastructure to those lands within the District and benefit those lands within the District equally as an integrated system of improvements. The golf course land, on the other hand, will substantially benefit only from the provision of the Surface Water Management benefits, as described in more detail in this Section. As the provision of the above listed improvements by the District will make the lands in the District developable, the saleable land will become more valuable to their owners. The increase in the value of the saleable land provides the logical benefit of improvements that accrues to the saleable parcels within the District. As the residential developable land within the District is benefited by improvements equally on a per saleable acre and the benefits derived by residential saleable land within the District is proportionate to its size, this methodology proposes to apportion the special assessments resulting from issuance of the District's indebtedness to the different developable residential land uses within the District based on the average density or number of residential units per acre. Based on that, Exhibit II illustrates the relative average densities per acre for the land use types contemplated to be 7 -- !J!!!I ,'rt J" B developed in the District. If, for instance, a Detached Villa # 1 has an average density of 5.59 units per acre and an Executive Home has an average density of 2.42 units per acre, capital assessment levied to the Executive Home will be 2.31 times that levied on Detached Villa # 1. Following that logic, Equivalent Resident Unit ("ERU") values are assigned to each category of residential land uses. For the amenity center, on the other hand, as its approximately 32,000 square feet are 12.32 times the approximately 2,600 square foot average home on the Detached Villa # 1 lot, and the entire site is 7.12 acres, one acre of the amenity center is equivalent to and will be assigned an ERU weight of 1.73. Similarly, the benefit of the District's infrastructure to the golf club house is based on the ratio of its building size at approximately 55,000 square feet to the average building size of the Detached Villa # 1, which is 2,600 square foot. As the site of the golf club house is sized at 11 acres, each acre of the site will be equivalent to 1.93 ERU and the entire site will be assigned an ERU weight of 21.23. As according to the District Engineer, the golf course property will only substantially benefit from the provision of Surface Water Management improvements, the calculation of its ERU factor involves the derivation of the portion of costs devoted to Surface Water Management as a portion of total development costs and the application of a runoff coefficient which provides the relative measure of the impervious area of a golf course to that of the balance of residential land uses in the District. Taking that into effect, each acre of the golf course land use is assigned an ERU value of 0.14. Exhibit II in the Appendix illustrates the derivation of ERU values for unit types contemplated to be developed in the District, although the development plan may change. Should the development plan be changed, a reapportionment may be necessary and such reapportionment will be performed in accordance with the methodology as outlined above and in Section 5.5, Inventory Adjustment Determination. 8 lIB Initially, the total debt will be allocated to the land in the District on an equal gross acreage basis based on the total number of gross acres in the District, with the exception of the planned commercial parcel. A gross acre is the total physical area of land contained in a parcel. The District Engineer has indicated that there are 973.23 gross acres in the District and that the commercial parcel has an area of 10 acres. Therefore, total assessments of $64,460,000 will initially be secured by all parcels other than the commercial parcel at $66,920.67 per gross acre. Eventually, as the land is platted, the planned land use of such property will become apparent and the parcel will be assigned to one of the land uses identified in Exhibits III and IV, depending on the phase of development (please note that the total assessments per unit for identical units are exactly the same for both Exhibit III and IV and the only difference is the distribution of assessments between long-term and short- term assessments). At that time, the assessments will be allocated on each unit of land according to its land use as illustrated in Exhibit "' for the units comprising Phase I of the Project or Exhibit IV for the units comprising Phase II of the Project (both Exhibits in the Appendix). Phase I units are defined as the first 575 platted residential units, the golf course, the golf club house and the amenity center as designated by unit type in Exhibit III in the Appendix and Phase II units are the remaining 625 residential units as designated in Exhibit IV in the Appendix. The balance of the assessments will be secured on an equal gross acre basis by the remaining unplatted land pool with the exception of the 10 acre commercial parcel. 5.3 Lienability Test: Special and Peculiar Benefit to the Property - ~.R."lW"", As first discussed in Section 1.3, Special Benefits and General Benefits, improvements undertaken by the District create special and peculiar benefits to certain properties within the District. District's improvements benefit properties within the District and accrue to all assessable properties on an equal ERU basis. 9 ('J': t. .~l --t,j;) Improvements undertaken by the District can be shown to be creating special and peculiar benefits to the property. The special and peculiar benefits resulting from each improvement undertaken by the District are: a. Water Management improvements result in special and peculiar benefits such as the added use of the property, decreased insurance premiums, added enjoyment of the property, and likely increased marketability and value of the property. b. Road and Bridge improvements result in special and peculiar benefits such as the added use of the property, added enjoyment of the property, and likely increased marketability and value of the property. c. Water, Sewer and Irrigation improvements result in special and peculiar benefits such as the added use of the property, added enjoyment of the property, and likely increased marketability and value of the property. d. Landscaping, Off-Site Improvements and Mitigation improvements result in special and peculiar benefits such as the added use of the property, added enjoyment of the property, and likely increased marketability and value of the property. These special and peculiar benefits are real and ascertainable, but not yet capable of being calculated and assessed in terms of numerical value, however, each is more valuable than either the cost of, or the actual assessment levied for, the improvement or debt allocated to the parcel of land. 5.4 Llenability Test: Reasonable and Fair Apportionment of the Duty to Pay . The Methodology Consultant believes that a reasonable estimate of the proportion of the special and peculiar benefits received from District's improvements is on an Equivalent Residential Unit basis. The determination has been made that the duty to pay the non-ad valorem special assessments is fair and reasonable because the special and peculiar benefits that the property 10 6' 03. ~~ ..... L,' 'i toC,::.~ derives from District improvements, as well as the resulting responsibility to pay. has been apportioned to the property according to reasonable estimates of the special and peculiar benefits received by that particular land use. Consequently, all lienable property in the District will be assessed for payment of no more that its fair and reasonable share of the cost of the improvements. 5.5 Inventory Adjustment Determination .... "llIl,.. -,...,.~-- The Assessment Methodology is based on conceptual information obtained from the Developer prior to construction. As development occurs it is possible that the number of units and unit mix may change. The mechanism for maintaining the methodology over the changes is referred to as an Inventory Adjustment Determination. Although the District does not itself assign parcel numbers to parcels resulting from the platting process, it does have an important part to play during the course of property development, subdivision, and ownership transfer. Whenever a new parcel number is created or parcels or units are transferred, the District must allocate the appropriate portion of its debt to the newly transferred parcel. In addition, the District must also prevent any buildup of debt on land not yet subdivided. Inventory Adjustment Determination allows for the correct allocation of debt to platted or transferred land until all debt is fully allocated according to the methodology. This mechanism is to be utilized to assure that the principal assessment on a per ERU or unit basis never exceeds the initially allocated assessment as contemplated in the adopted assessment methodology. The Inventory Adjustment Determination test is to be performed at 25%, 50%, 75% and 90% of build out of the maximum residential units within each Tract or 25%, 50%, 75% and 90% of the plating of the ERUs in each Tract. whichever occurs first. If at each such time the debt in the remaining unplatted land pool does not exceed a level of $66,920.67 per ERU, no further action will be taken. However, if the result is a number greater than the initial amount, the owner of land in that Tract will be obligated to 11 1B '~ make a density reduction payment sufficient to bring the debt per ERU down to the initial amount. Conversely, any changes during the platting process which result in additional land and additional units which are deemed by the District to receive special and peculiar benefits from the District's improvements will cause the assessment methodology to be re-allocated to include such parcels. The additional land, as a result of such re-allocation of assessments, will be allocated appropriate assessments and all parcels assessed at that time may receive a reduction in their adjustment in their assessments. The land use and numbers of ERUs within each parcel will be certified by the Developer and confirmed by District Engineer. 5.6 Assessment Roll - _I~~~- Following is the assessment roll for the District. 12 I':",,' j 1 B 1 ';,-y~ '~.fi Folio Acres .... Owner Assessment 00439800208 13.09 VK Holdings Treviso Bay, LLC. $875,991.61 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439640206 50.00 VK Holdings Treviso Bay, LLC. $3,346,033.66 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439640109 2.00 VK Holdings Treviso Bay, LLC. $133,841.35 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439800101 125.42 VK Holdings Treviso Bay, LLC. $8,393,190.83 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439800305 16.39 VK Holdings Treviso Bay, LLC. $1,096,829.83 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00440120003 115.38 VK Holdings Treviso Bay, LLC. $7,721,307 .27 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439560001 . 421.11 VK Holdings Treviso Bay, LLC. $28,180,964.67 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00438960000 12.80 VK Holdings Treviso Bay, LLC. $856,584.62 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00439640400 75.15 VK Holdings Treviso Bay, LLC. $5,029,088.59 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 00446800505 198.44 VK Holdings Treviso Bay Golf Course, LLC. $13,279,738.38 19275 West Capitol Drive, Suite 100 Brookfield, WI 53045 · Assessment placed on this parcel will be reduced following a land exchange as described in Section 5.1 of this Report, where the Developer will give the FPL a 5.00 acre portion of this parcel (as described in the following legal description) for a 5.34 acre parcel outside the boundaries of the District. Should the land exchange occur and should the land on such 5.00 acre site be developed with an electric sub-station, such 5.00 parcel will be exempted from the District's assessments. ** The acreage represented by the folios above currently exceeds the gross acres within the District. These folios may include lands outside of the District boundaries. As these folios are broken out with new plattings, the non-District acreage will be removed to total the 963.23 assessable acres. === _,...V(&_ 13 0_ iAlEliIEMT NI POl OJ\, ,001I 111" P9. ZIJ77 POlIn' OJ' cOlllllJf~r NoW. OCMP fir lilt NlIlHAlT QUM'IER ORAIlAGI: EAImI!NT AS PElt (S Elllll 30-10-" lIJI. IIOClI( 113I, I'AGfJI 117-11. \ j _._..YI!:'/'.--L-. -.J.='--'T-'" 3llOM' .- -~_~-~t-~- ----------- ------- "1 I POINt DJ' UOilOlDRJ .101 ~~ I 1Il~ I S , o-;Z I it I 'sf I ..... I I i~1 I I ~ I , ~ I I b I I !:~ I I , I 5.00 aCt DESCRIPTION: NOIfTH UNE OF SECTION 3D-llO-ZlI \ ._-._-~-_.__.__.__..- BIC'l'ION 10 ___9~-------- -----------------------. PJ Iii t 4'1; r 0IfJtII+tC..... N , LEGEND: fl/W - fIlOHT-Of'-WAY D.R, - OFFICAl RECOIt)9 Po. - PAGE A PARCEl.. Of' LAND SlTUATED IN Sl!:cn(N 30. ~P 110 !lOUTH, RANDE 28 EAST; ca..UER COUNTY, I FLORIDA BElNC limE PAR1lCOLARLY DESCRIBED AS FCUOWS: 1 I COMMENCE AT lHE N~TH\'\EST CORNER.~ THE N~THEAST QUARTER OF SE:C'llON 30. lWMSHIP 50 SDUTli. RANGE 28 EAST, COLUER COUNTY, fL~IDA, AND RUNsO!J1H l!l!'23'IS" \\EST ALONG THE NORTH UJIE OF SAID SEC110N 3D, " DISTANCE Of 3!lO.!!8 FEET TO AN INTERSECTION 11TH THE EAST UNE CF " lID-FOOT RIGHT-OF"-WAV AS RECORDED IN OFFICA1. RECORDS 9001<182, PAGE; 613 OF' THE PUBUC ~ RECORDS OF' COLUER CCUNTY, FlORIDA; THENCE RUN SOUTH 01"38'32. WEST ALONG SAID EAST UNE, A DISTANCE tF 100.49 ~ ro THE: l'lONT Of BE:G/NNINQ; THENCE RUN SOUTH 118'23'28" EAST, A OISTANiX ~ 840.00 FEET; THENCE RUN SOUTH O1'Jl1'j2" WEST, A DISTANCE ~ 340,00 FEET; THENCE RUN NORTH 88'2J'2B" WEST. A DISTANCE <IF 810,00 FEET TO AN NlERSECTION WITH SAID EAST UNEOf A I100rOOT RIGHT -llF-WA Yo THENCE RUN NORTH OI"JlI'JZ. EAST ALCJolG SAID EAST UN!:, A c.srANCE: llF .:I40.DO FEET TO TI-E SAID POINT Of BEGINNING. . i I r CONTAINING 217,800.00 SQUARE FEET DR !l.DO ACRES OF LAND, ..CIflE OR LESS. ~.. NOTES: " ; I. '11-fIS IS NOT A ~. 2. BEAAlN(l$ ARE B. ~DCIH. THE NDI'TH UNe: OF TIt:: NORTHEAST QUAIlT1::ROf'SECllOH 30 AS f B. 8N~ .NCIllH 88'1'3'29". E/I.$T. 3, :5U&.ECT TO EASEMENTS. RESERVATIONS AND RESlRlCTlONS OF RECORD, Ii J\ )[ [1\>~(~)\J 13IlIIlJi'AlFtR). ClllRT Al. ".g. ./il';. ..~.. 114.1~ fAX ') 4:t4-1S2!J IlA au, flI4l ENGINEERING . SURVBYOR'S CERTIFICATION: Ikny ~. 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SKETCH AND DESCRlPTION l,l\lll '!I ,.~ 'I . .1.." .~ , 1 14 .;;.~ ;/~':"" j .iU · 1 B 1 APPENDIX Exhibit I Wentworth Estates Community Development District Bonding and Cost Summary Total Series 2006A Series 2006B Series 2006 Sources: Par Amount $38,145,000.00 $26,315,000.00 $64,460,000.00 Accrued Interest $89,402.34 $56,193.49 $145,595.83 Original Issue Discount -$139,992.15 -$65,787.50 -$205,779.65 Sources $38,094,410.19 $26,305,405.99 $64,399,816.18 Uses: Construction Amount - Capitalized $31,747,009.61 $23,200,342.14 $54,947,351.75 Debt Service Reserve $2,634,984.38 $674,321.88 $3,309,306.26 Capitalized Interest $2,895,501.24 $1,868,414.71 $4,763,915.95 Accrued Interest $89,402.34 $56,193.49 $145,595.83 Costs of Issuance $118,352.47 $81,647.53 $200,000.00 Underwriter's Discount $609,160.15 $420,239.85 $1,029,400.00 Contingency $0.00 $4,246.39 $4,246.39 Uses $38,094,410.19 $26,305,405.99 $64,399,816.18 Other Financing Information: Maturity 5/1/2037 11/1/2012 Years 30 6.5 Interest Rate 5.625% 5.125% Maximum Annual Debt Service $2,634,984.38 n/a - _~Rl.lIII"_ 15 . 14 Ai. 1. .. 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LO" ....." r-<I" tit ,^"~iltV7 tltilttlt thth ~81!?~O~:::~OO ........ .... ......... .... ~oo 00"" ""- _1'0 1'0 _ '~8 ~ ~ '" ~N""N"'8o ~ ><tO~*** o:r: Ole :l(.. ';;iQ..!!..!l!..!'l:r:~ .8:=1 gll ~S~~;:::O~Ul ;l o~:r: ij ..:>............<flll ~(j u :f:ll""""""1:.l!lal"'al .ge- '5 .fi .fi .fi '~ ~ ~ ~ ~ e 0 '8 ] \'<l.l!l .l!l.l!l ~ >< "" "" "":=1:=1 ~'" o :: '" '" .. >< ;l;.;:l ;.;:I ;.;:I ~Q 0 U<(ClClCl~,..J~~~LJ(j G\ '" .. ~ ~ ~ '" i ~ C> "l. '" .... .... U'l G\ ~ 'i ..... 0' N .... j!l <II o U .. o 'J:! u ~ o u .. -E ill! II> M .,; "" ,il ~ co ~ ~ g "" ,~ ~ ~ '" .. e 6 ~ ~ ... p. ~ ~ 'E ~ al .2 ~ ~ "" ><to ~ ~ "" "" ;l ;l ] ] ~ U'l '3 ~ ry 1 ~ B 1 17 ~' , 'Ir}.,: :1 , ',L RESOLUTION 2006- .3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE SUPPLEMENTAL SPECIAL ASSESSMENT REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Wentworth Estates Community Development District (the "District') is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"); and WHEREAS, the District was created for the purpose of delivering certain community development services and facilities that have been further described in the District's Improvement Plan, and to finance such improvements through the issuance of bonds and notes, which bonds and notes will be repaid by the imposition of special assessments on benefitted property within the District and any additional revenue sources permitted by Florida law; and WHEREAS, the District, in accordance with Chapters 190 and 197, Florida Statutes, without limitation, adopted Resolution 200lL-~, AUTHORIZING DISTRICT PROJECTS FOR CONSTRUCTION; EQUALIZING, APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITTED BY SUCH PROJECTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE; and WHEREAS, the District authorized the issuance and sale of its $38,145,000 Wentworth Estates Community Development District (Collier County, Florida) Special Assessment Bonds, Series 2006A ("Series A Bonds") and $26,315,000 Wentworth Estates Community Development District (Collier County, Florida) Special Assessment Bonds, Series 2006B ("Series B Bonds") (collectively, the Series A Bonds and the Series B Bonds are hereinafter referenced as the "Bonds"), to pay all or a part of the costs of the design, permitting, acquisition, construction and installation of certain improvements and facilities all as permitted by Chapter 190, Florida Statutes; and WHEREAS, the District desires to adopt the District's Supplemental Special Assessment Report ("Methodology Report"), reflecting the methodolo gy used by the Districtto impose its special assessments pursuant to Resolution 200!f-~. Page 1 of 2 .16/ 181 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT: Section 1. The recitals as stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution. Section 2. The Board hereby adopts the District's Supplemental Special Assessment Report, attached hereto and incorporated by reference herein as Exhibit A. It shall be an express condition of the lien established herein that the special assessments securing the Series B Bonds attributable to any platted lot shall be prepaid upon the first sale of a property burdened by such special assessments subsequent to the later of (A) the date of this resolution and (B) the first sale of such property after the issuance of a certificate of occupancy for the improvements constructed on such property . Section 3. The District Manager shall record a notice of the adoption of this resolution and ofthe terms and conditions of the Bonds in the real property records of Collier County, Florida. Section 4. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this ...d::- day of ~ 2006. ATTEST; WENTWORTH ESTATES COMMUNITY DEVELO~MEr DISTRICT /H~ Chairman, Board of Supervisors Page 2 of 2 161 18 RESOLUTION 2006-..!J A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE SALE OF THE WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT SERIES 2006A AND 2006B BONDS; RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE ISSUANCE, SALE AND CLOSING OF THE WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT SERIES 2006A AND 2006B BONDS AND DETERMINING SUCH ACTIONS AS BEING IN ACCORDANCE WITH THE AUTHORIZATION GRANTED BY THE BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Wentworth Estates Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, Chapter 190, Florida Statutes, authorizes the District to construct, install, operate and/or maintain systems and facilities for certain basic infrastructure, including roadway improvements, a stormwater drainage system, a water distribution system, a sanitary sewer system, and other infrastructure; and WHEREAS, the District previously adopted resolutions authorizing the issuance and the negotiated sale of bonds within the scope of Chapter 190, Florida Statutes, including its Series 2005A and 2005B Special Assessment Bonds; and WHEREAS, the issuance and sale of such bonds were delayed until May of 2006 and the series designation changed to Series 2006A and Series 2006B (collectively the "Series 2006 Bonds") to reflect the delay in issuance; and WHEREAS, the District had designated Wachovia Bank, N.A. to be the trustee in connection with the Series 2006 Bonds; and WHEREAS, subsequent to such designation of trustee, the trust department of Wachovia Bank, N.A. was acquired by U.S. Bank National Association; and WHEREAS, the District accepted U.S. Bank National Association as trustee in lieu of Wachovia Bank, N.A.; and WHEREAS, the District has sold and will close on the sale of the Series 2006 Bonds; and Page 1 of 3 ~1 WHEREAS, as prerequisites to the issuance of the Series 2006 Bonds, the Chairman, Vice Chairman, Treasurer, Assistant Secretaries, and District Staff including the District Manager, District Financial Advisor, District Engineer, and District Counsel were and are required to execute and deliver various documents (the "Closing Documents"); and WHEREAS, the District has previously considered and adopted a number of resolutions relating to the issuance of the Series 2006 Bonds and the imposition of special assessments securing such bonds; and WHEREAS. the District finds the sale, closing and issuance of the Series 2006 Bonds were in the best interest of the District and desires to ratify, confirm, and approve all actions of the District Chairman. Vice Chairman, Treasurer, Assistant Secretaries, and District Staff in closing the sale of the Series 2006 Bonds. NOW, THEREFORE, BE SUPERVISORS OF THE DEVELOPMENT DISTRICT: IT RESOL VED WENTWORTH BY THE EST A TES BOARD OF COMMUNITY SECTION 1. The sale, issuance, and closing of the Series 2006 Bonds and the adoption of resolutions relating to the Series 2006 Bonds and all actions taken in furtherance of the closing on such bonds (including without limitation, the change of the series designation of such bonds from Series 2005A and Series 2005B to Series 2006A and Series 2006B, respectively, and the appointment of U.S. Bank National Association as successor to Wachovia Bank, N.A. to be the trustee in connection with the Series 2006 Bonds) serve a public purpose and are in the best interests of the District and are hereby ratified, approved and confirmed. Additionally, the Cost of Issuance Spreadsheet, attached hereto as Exhibit "A," and the Closing Document List, attached hereto as Exhibit "B," both of which were prepared in connection with the sale and intended closing of the Series 2006 Bonds, are hereby ratified, approved and confirmed. SECTION 2. The resolutions levying and imposing the special assessments securing the Series 2006 Bonds remain in full force and effect and are herby ratified and confirmed in all res peets. SECTION 3. The actions of the Chairman, Vice Chairman, Treasurer, Secretary, Assistant Secretaries, and all District Staff in finalizing the closing and issuance of the Series 2006 Bonds, 1l1, ,:ding the execution and delivery of the Closing Documents, and such other certifications or other documents required for the closing on the Series 2006 Bonds, are determined to be in accordance with the prior authorizations of the Board and are hereby ratified, approved, and confirmed in all res peets SECTION 4. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 5. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Page 2 of 3 ,81 PASSED AND ADOPTED this ~ day of ~, 2006. BOARD OF SUPERVISORS OF THE WENTWORTH EST A TES COMMUNITY DEVELOPk~ ,/ / tty- ATTEST: By: Its: Page 3 of 3 , , 1 PROPOSAL FOR PROFESSIONAL SERVICES INTEGRA REALTY RESOURCES February 9, 2006 Tony Franda Pages Sent: .1 A T THE REQUEST OF: Tony Franda VK Developments WITH REFERENCE TO THE FOLLOWING DESCRIBED PROPERTY: 1. Wentworth Estates COD (part of Trevisio Bay) Dedication Via Parent Tract Theory INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INe. PROPOSES TO PROVIDE THE FOLLOWING SERVICES: A complete appraisal, summary narrative report will be perfonned. A fee simple analysis will be performed. Such appraisals are intended to confonn with the requirements set forth by the Uniform Standards of Professional Appraisal Standards (USP AP) and FIRREA. The appraisal shall be addressed to The Wentworth Estates Community Development District ("Wentworth Estates CDD") and subject to the limitations in the Appraisal Report. VK Developments, DOES HEREBY RETAIN INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INe. BASED UPON THE FOLLOWING TERMS AND CONDITIONS: The time of completion will be as follows: The Complete, Summary report will be completed within five weeks of engagement. This delivery date is solely contingent upon receipt of pertinent information. A day-for-day delay in the delivery date will occur for infonnation not received in a timely fashion. The fee for the stated scope of services will be $6,000 The project will be billed at a total cost of $6,000. If, however, the engagement is cancelled prematurely for reasons beyond our control, we reserve the right to bill the client for professional services rendered (plus actual out-of-pocket expenses) at the hourly rate of $125 for junior analysts, $150 for the senior analysts, $175 for MAl's and/or the Managing Director. Assuming the scope of the assignment is not altered, the fee noted above will apply; however, if the scope of the assignment does change any and all changes will be billed on the hourly rates noted above. Further, all out-of pocket expenses for messengers, overnight couriers, document ,;oj.!Ies, published studies, etc., will be billed to the client at cost in addition to the fee. To the extent available, the following items should be provided to us immediately to meet the aforementioned deadline: I. Surveys/legal descriptions for the parent tract and each COD parcel to be appraised. Please Provide electronically if possible 4795 Enterprise Avenue, Naples, Florida 34104 Ph# (239)643-6888 Ext. #215 FAX# (239) 643-6871 l6J Proposal for Professional Services Integra Realty Resources Tony Franda February 9, 2006 VK Developments does hereby confinn the preceding tenns and conditions. INVOICES UNP AID AFTER 30 DAYS will be subject to a finance charge of 1.5% per month on the unpaid balance. In the event collection procedures become necessary to obtain payment for fees and costs, the parties obligated to pay said fees and costs under this agreement shall be liable for all such fees, costs, and collection expenses, including but not limited to attorney fees. No changes in this assignment shall be made without the expressed consent of the undersigned. If upon inspection of the captioned property or review of the material to be supplied by the client or agent, it is determined by INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INC. that misrepresentations have been made with respect to the property or data pertinent to this assignment, the analysts reserve the right to cancel this contract, less reasonable inspection fee and actual expenses, or to revise our proposal in accordance with actual conditions and submit same to the client for hislher review and acceptance. If additional support services are required (Le., court or litigation oriented) the hourly rates previously noted will be utilized on a time and materials basis which will include all meetings, conferences and additions to the scope of services requested by the client or the client's representatives; review of reports prepared for the opposing legal counsel; preparation, appearance(s) and/or testimony at deposition(s) and trial(s) in support of the conclusions of INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INe. All court testimony wiII carry half-day minimums. This proposal is valid for TIIIRTY (30) days from the date affixed by INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INC. It is understood that work on this assignment will only commence upon our receipt of the signed copy of this proposal and the requested retainer. This proposal is submitted to document the agreement between the parties. In the event there are any questions or c;omments before signing this proposal, please call the undersigned. INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INC. is pleased to have the opportunity to be of service to you in this assignment. uj};;gJ ,/ DATE: February 9, 2006 INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA INe. ::loonJLlnYj k~ ~~e%U~ DATE: 4Yb~ 18 4795 Enterprise Avenue, Naples, Florida 34104 Ph# (239)643-6888 Ext. #215 FAX# (239) 643-6871 PRAGER, SEALY &CO., LLC INVESTMENT BANKERS !\ DISSEMINATION AGREEMENT May 1, 2006 District Manager Wentworth Estates Community Development District District Offices 210 N. University Drive, Suite 702 Coral Springs, FL 33071 Dear Sir or Madam: PRAGER, SEALY, & co., LLC ("Prager" or the "Dissemination Agent") hereby agrees with the Wentworth Estates Community Development District (the "District") to act as the District's Dissemination Agent. The duties of the Dissemination Agent are set forth in this Dissemination Agreement (the "Agreement") and in that certain Continuing Disclosure Agreement dated May 1,2006 (the "Continuing Disclosure Agreement"). The purpose of this Agreement is to facilitate the District's compliance with the Securities and Exchange Commission's (the "SEC's") Rule 15c2-12(b)(5) (the "Rule") related to continuing disclosure. Prager is acting as an independent contractor for purposes of facilitating the District's Rules obligations and is not an agent of the District. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Continuing Disclosure Agreement. 1. Duties: The Dissemination Agent shall have only such duties as are specifically set forth in the Continuing Disclosure Agreement. <. Fees: Prager will be responsible for all out-of-pocket expenses. The annual fee for Prager's services under this Agreement is $5,000 for the Series 2006 Bonds, plus $1,000 for each additional bond issue of the District, subject to these disclosure requirements. 3. Assignment: Prager reserves the right to engage a third party for the purpose of carrying out the services outlined in this Agreement. 4. Termination: Both the District and Prager will have the right to terminate this Agreement upon 30 days prior written notice. 200 SOIITH ORANGE AVENUE SUITE 1900 ORLANDO FLORIDA 32801 TEL 407 4819182 FAX 4078491496 PRAGER, SEALY & CO., LLC INVESTMENT BANKERS 161 18 5. Representation of the District: The District represents and warrants that it will not withhold any information necessary for Prager to carry out its duties under this Agreement and that it will supply all information requested by Prager. 6. Indemnification: To the extent permitted by law, the District will indemnifY Prager for any action or actions brought by Owners as a result of the failure (including omission and misrepresentation) of the District to meet its requirements under this Agreement and the Continuing Disclosure Agreement as determined by a court of competent jurisdiction. To the extent permitted by law, Prager will indemnifY the District for any action or actions brought by Owners as a result of Prager's gross negligence or willful misconduct as determined by a court of competent jurisdiction. 7. Responsibility for Information: The District acknowledges and agrees that the information to be collected and disseminated by the Dissemination Agent will be produced by the District and the Developer. The Dissemination Agent's duties are those of collection and collation and not of authorship or production, consequently the Dissemination Agent shall have no responsibility for the content of the information disseminated by it and any and all securities law liabilities, including compliance with the Rule, will remain with the District and the Developer. 8. Waiver of Jury Trial: EACH OF THE DISTRICT AND PRAGER KNOWINGLY WANE ANY RIGHT TO TRIAL BY JURY. 9. Agreement Governed by Florida Law: The terms and conditions of this Agreement shall be governed by the laws of the State of Florida. SAN FRANCISCO NEW YORK ORLANDO GREAT FALLS 161 PRAGER, SEALY & CO., LLC INVESTMENT BANKERS This Agreement shall be effective upon the District's acceptance hereof. Very truly yours, PRAGER, SEALY & CO., LLC Breu Managing Director SAN FRANCISCO NEW YORK ORlANDO Approved and Accepted: 18 ,;':. 1 Wentworth Estates Community Development District /k;e- By: Title: C~r.~r""''''1" Date: r::/I2-/ ~,r. . . GREAT FALLS JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS April 14, 2006 Ms. Jean Rugg Wentworth Estates CDD Sevem- Trent Services 210 North University Dr. Suite 800 Coral Springs, FL 33071 Dear Ms Rugg In compliance with Chapter 190.006 Florida Statutes the total number of registered electors residing in the Wentworth Estates CDD as of April 14, 2006 is 33. If the district will require an election to be staged as part of the general election to be held on November 7, 2006; we ask that you contact our office before June 1,2006. Please feel free to contact our office with any questions you may have regarding the registered voters in your district or our election services. Sincerely, 09C)~ David B. Carpenter Qualifying Officer cc. Ms Jennifer J. Edwards Supervisor of Elections Collier Government Complex. Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: 239/774-8450 . Fax: 239/774-9468 ,1t ~ if ,1 b J 1a RESOLUTION 2006-2 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2007 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2007; a copy of which is attached hereto, and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT; 1. The operating budget proposed by the District Manager for Fiscal Year 2007 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: July 14,2006 Hour: I: 00 p. ~. Place: Johnson Engineering 2350 Stanford Court Naples, FL 33412 Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 12th day of May, 2006. ~ ~ Howard Taylor Chairman '~f II 'l. i ! Wentworth Estates Community Development District . .++ . Proposed Budget FY 2007 May 12, 2006 Page 1 or '1. IT] 1! Wentworth Estates Community Development District Budget for Fiscal Year 2007 Debt Service Fund 201 - Series 2006 Capital Improvement Revenue Bond Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2006 FY 2006 Actual Projected Total Adopted Through Next Projected Budget 3131/2006 6 Months 9130/2006 Revenues: Bond Proceeds $0 $0 $8,218.818 $8,218,818 Special Assessments $0 $0 $0 $0 Interest Income $0 $0 $0 $0 Total Revenues $0 $0 $8,218.818 $8.218,818 Appropriations: Principal Retirement $0 $0 $0 $0 Interest Expense -11/1 $0 $0 $0 $0 Interest Expense - 5/1 $0 $0 $0 $0 Total Appropriations $0 $0 $0 $0 Net Income $0 $0 $8,218.818 Fund Balance September 30. 2005 $0 Reserved for Debt Service, Series A (All Years) $3.309,306 Reserved for Debt Service(Fiscal Year 2008): Principal on Bonds Due 11/1/2007 $0 Interest Expense Due 11/1/2007 $1,747.150 $1,747,150 Reserved for Future Debt Service $0 Fund Balance Seotember 30.2006 $3,162,362 Page 2 Wentworth Estates Community Development District Budget for Fiscal Year 2007 Debt Service Fund 201 . Series 2006 Capital Improvement Revenue Bond Revenues: Unappropriated Fund Balance- October 1, 2006 Special Assessments Interest Income Tolal Revenue: Appropriations: Debt Service: Principal Debt Retirement Principal Prepayments Interest Expense Series -11/1/2006 Interest Expense Series - 5/1/2007 Total Debt Service: Administrative Expenses: Trustee Fees Arbitrage Calculation Dissemination Special Assessment Preparation Collection Fees & Early Pymnt Disc Tolal Administrative Expenses: Total Debt Service: Page 5 Page 3 lIB $3,162,362 $287,788 $62,900 $3,513,050 $0 $0 $1,747,150 $1,747,150 $3.494,300 $12,000 $1,750 $5,000 $0 $0 $18,750 $3,513,050 Wentworth Estates Community Development District Debt Amortization Series 2006 A 5.625% Date Principal Interest Principal Balance $38,145,000.00 11/1/2006 $1,072,828.13 $38,145,000.00 5/1/2007 $1,072,828.13 $38,145,000.00 11/1/2007 $1,072,828.13 $38,145,000.00 5/1/2008 $500,000.00 $1,072,828.13 $37,645,000.00 11/1/2008 $1,058,765.63 $37,645,000.00 5/1/2009 $530,000.00 $1,058,765.63 $37,115,000.00 11/1/2009 $1,043,859.38 $37,115,000.00 5/1/2010 $560,000.00 $1,043,859.38 $36,555,000.00 11/1/2010 $1,028,109.38 $36,555,000.00 511/2011 $595,000.00 $1,028,109.38 $35,960,000.00 ~. 11/1/2011 $1,011,375.00 $35,960,000.00 5/1/2012 $625,000.00 $1,011,375.00 $35,335,000.00 11/1/2012 $993,796.88 $35,335,000.00 5/1/2013 $665,000.00 $993,796.88 $34,670,000.00 11/1/2013 $975,093.75 $34,670,000.00 5/1/2014 $700,000.00 $975,093.75 $33,970,000.00 11/1/2014 $955,406.25 $33,970,000.00 5/1/2015 $740,000.00 $955,406.25 $33,230,000.00 11/1/2015 $934,593.75 $33,230,000.00 5/1/2016 $785,000.00 $934,593.75 $32,445,000.00 11/1/2016 $912,515.63 $32,445,000.00 5/1/2017 $830,000.00 $912,515.63 $31,615,000.00 11/1/2017 $889,171.88 $31,615,000.00 5/1/2018 $880,000.00 $889,171.88 $30,735,000.00 11/1/2018 $864,421.88 $30,735,000.00 5/1/2019 $930,000.00 $864,421.88 $29,805,000.00 11/1/2019 $838,265.63 $29,805,000.00 5/1/2020 $985,000.00 $838,265.63 $28,820,000.00 11/1/2020 $810,562.50 $28,820,000.00 5/1/2021 $1,040,000.00 $810,562.50 $27,780,000.00 11/1/2021 $781,312.50 $27,780,000.00 5/1/2022 $1,100,000.00 $781,312.50 $26,680,000.00 Page 4 " I 18 1 J "." 5! Wentworth Estates Community Development District Debt Amortization Series 2006 A 5.625'10 Date Principal Interest Principal Balance 11/1/2022 $750,375.00 $26,680,000.00 5/1/2023 $1,165,000.00 $750,375.00 $25,515,000.00 11/1/2023 $717,609.38 $25,515,000.00 5/1/2024 $1,230,000.00 $717,609.38 $24,285,000.00 11/1/2024 $683,015.63 $24,285,000.00 5/1/2025 $1,305,000.00 $683,015.63 $22,980,000.00 11/1/2025 $646,312.50 $22,980,000.00 5/1/2026 $1,380,000.00 $646,312.50 $21,600,000.00 11/1/2026 $607,500.00 $21,600,000.00 5/1/2027 $1,460,000.00 $607,500.00 $20,140,000.00 11/1/2027 $566,437.50 $20,140,000.00 5/1/2028 $1,545,000.00 $566,437,50 $18,595,000.00 11/1/2028 $522,984.38 $18,595,000.00 5/1/2029 $1,635,000.00 $522,984.38 $16,960,000.00 11/1/2029 $477,000.00 $16,960,000.00 511/2030 $1,725,000.00 $477,000.00 $15,235,000.00 11/1/2030 $428,484,38 $15,235,000.00 5/1/2031 $1,825,000.00 $428,484.38 $13,410,000.00 11/1/2031 $377,156.25 $13,410,000.00 5/1/2032 $1,930,000.00 $377,156.25 $11,480,000.00 11/1/2032 $322,875.00 $11,480,000.00 5/1/2033 $2,045,000.00 $322,875.00 $9,435,000.00 11/1/2033 $265,359.38 $9,435,000.00 5/1/2034 $2,165,000.00 $265,359.38 $7,270,000.00 11/1/2034 $204,468.75 $7,270,000.00 1)/1/2035 $2,290,000,00 $204,468.75 $4,980,000.00 '11/1/2035 $140,062.50 $4,980,000.00 5/1/2036 $2,420,000.00 $140,062.50 $2,560,000.00 11/1/2036 $72,000.00 $2,560,000.00 5/1/2037 $2,560,000.00 $72,000,00 $0.00 $38,145,000.00 $44,049,093.75 Page 5 Page 6 Page 1 or 1 Susan Mahon From: Jeremy English Sent: Friday, May 12, 2006 8:35 AM 1 6 I To: Susan Mahon Subject: FW: FINAL FOR TOMORROW-Wentworth_Estates_-_FY07 _Proposed_Budget.pdf Susie: You have another printing request. This CDD thing should be all over after today. ~ !/l. Eng&/i [f.E. Johnson Engineering 1845 Collier Pkwy, Lutz, FL 33549 (813) 909-8099 (office) (813) 909-0300 (fax) "Peace of Mind by Design" From: John Daugirda [mailto:cdd.tampa@verizon.net] Sent: Friday, May 12, 20068:22 AM To: chagan@johnsoneng.com; jenglish@johnsoneng.com Subject: FW: FINAL FOR TOMORROW-Wentworth_Estates_ -_FY07 _Proposed_Budget.pdf Chris and Jeremy, -- Can you print the attachment for me for today's Wentworth meeting? We will be meeting' in your Naples office at 1 :00 p.m. Sanjay and Tony - I just opened an amended "draft" budget from Karen that includes the amortization schedule and a debt service budget for the bonds. This is the initial draft. You will have a two-month review period. The Board will be asked to approve a "final" budget in a July meeting. John From: Ellis, Karen [mailto:KEllis@SevernTrentMS.com] Sel1t~ Thursday, May 11, 20068:10 PM 'ILl ,'cl<:gida,John Cc: Rugg, Jeanne; Scully, Bob; Heller, Dan Su bject: -Wentworth_Estates_ - _FY07 _Proposed_Budget. pdf Amended with DS. Just got notice of bond issuance this morning... 5/12/2006 Wentworth Estates Community Development District Unaudited Financial Statements March 31 , 2006 Wentworth Estates Community Development District GENERAL FUND Balance Sheet October 31,2005 Through March 31, 2006 ASSETS: Cash $1,091 Accounts Receivable $0 Due From Other Funds $4,287 Prepaid Items $0 J TOTAL ASSETS $5,377 I LIABILITIES: Accounts Payable FUND EQUITY: Fund Balance $235 $5,142 ~ $5,3771 TOTAL LIABILITIES & FUND EQUITY Page 1 ''<, 'l" i 181 Page 2 SUNTRUST BANK POBOX 622227 ORLANDO FL 32862-2227 .i 61 1 B '1 Page 1 of 2 83/EOO/0175/1 /34 1000022226699 03/31/2006 /:,;' :,I'IM~f \""/~_~ _:__.."..:t".Y SUNThUST" -- - Account Statement 111111111111111111111111111111111111111111111111111111111111II WENTWORTH ESTATES COMMUNITY DEV DISTRICT 210 N UNIVERSITY DR STE 702 CORAL SPRINGS FL 33071-7320 Questions? Please call 1-800-786-8787 THANK YOU FOR BANKING WITH SUNTRUST. TO LEARN MORE ABOUT HOW SUNTRUST CAN MEET YOUR FINANCIAL SERVICES NEEDS, PLEASE VISIT OUR WEB SITE AT WWW.SUNTRUST.COM Account Summary Account Type Account Number Statement Period Taxpayer 10 55-0872610 BUSINESS CHECKING 1000022226699 03/01/2006 - 03/31/2006 Description Beginning Balance Deposits/Credits Checks Withdrawals/Debits Ending Balance Amount $19,748.85 $.00 $11,854.53 $145.55 $7,748.77 Description Average Balance Average Collected Balance Number of Days in Statement Period Amount $18,549.99 $18,549.99 31 (";hpck$ Check Number 1034 Checks: 1 Amount Date I Check Paid Number 11,854.53 03/29 Amount Date I Check Paid Number Amount Date Paid Withdrawals/ Date Debits Paid 03/21 Amount Serial # Description 145.55 ACCOUNT ANALYSIS FEE Balance Activity History Withdrawals/Debits: Date Balance Collected Balance 19,748.85 19,603.30 Date Balance 03/01 03/21 19,748.85 19,603.30 03/29 7,748.77 Collected Balance 7,748.77 14301 Member FDIC Continued on next page Bank Ree. Test Report Wentworth Estates Community Development District Bank Account No. Statement No. Statement Date G/L Balance ($) G/L Balance Positive Adjustments Subtotal Negative Adjustments Ending G/L Balance Difference Posting Date D Document Ty No. Checks 03/24106 Pa 1034 Total Checks. Outstanding Checks 09130105 03/25106 03125/06 Pa 1031 Pa 1035 Pa 1036 Total Outstanding Checks, 6699 03-06 03/31/06 1,090,93 1.090,93 0.00 1,090.93 0.00 1.090.93 0,00 Currency Code Statement Balance Outstanding Deposits Subtotal Outstanding Checks Differences Accou Type Account No. Description G/L Ac GlL Ac G/L Ac G/L Ac Ending Balance Bal. Bal. Account Accou No. SEVERN TRENT ENVIRONMEN GIL Ac FLORIDA MUNICIPAL INSURAN DEPARTMENT OF COMMUNITY FEDERAL EXPRESS G/LAc G/LAc G/LAc J 6 I 1 B~i,l 7.748.77 0.00 7,748.77 6.657.84 0.00 1,090.93 April 25. 2006 2:21 PM Page 1 AMORYC Cleared / Amount Balance AmI. 11,854.53 11,854,53 11.854.53 11,854.53 6,406.00 175.00 76.84 0.00 0.00 0.00 6,657.84 Difference 0,00 0.00 6,406.00 175.00 76.84 W o >- f- Z t:::> 0::;: a.::;: ..0 It:U ::rJJ ..W -f- ..<( Of- ...rJJ ..W - UlI -- f- CIa:: "0 ~~ <>Z "w 5;;: "'~U o >- o a:: N 0 N"::;: iV' f6' <( ::;:Cl. - <> .. <>'C .. 0 .gu 1Il - '2 Q,) ::I'C ClO "'u o - " ..J::I 08 ~ o Z 'C " ::I U. - " .. ::I .50 ..JE <( ..- <> " __ ::I o 0 > E ..5<( .. ... <> .. -- .Q o E > ::I ..5z - "'''M c')::J~ "0;:1; U.c E co <(.: ~ lt: :> z w f- Z w It: f- Z ..It: ..w >-> ..w a.m '" Q M~cn"O M C,)::J Q) C!~1Q1i5 c.OoCi)rf Q ~ Q '" o .$ '" o Cl .s 1;) o Cl. ... ...] <>E'Ot ~:::IM oz~ CI ... " !2 +::Q,)~ Ul__ 0..... a.oo o o o '" .... 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Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 25, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cedar Hammock Community Development District Cedar Hammock Community Development District has submitted the following item: a. Fiscal Year 2007 Notice of Public Meeting Schedule. Thank you :\speciallspecial Misc. Corres: Date I GJID lOb Item#: \~I f B;L Copies to: 161 1B Cedar Hammock Community Development District Severn Trent Services, Management Services Division 210 North University Drive, Suite 702. Coral Springs, Florida 33071 Telephone: (954) 753-5841 . Fax: (954) 796-0623 September 21,2006 James L. Mitchell Clerk Circuit Court/Finance Dept. 2671 Airport Rd, Sout Plaza III P. O. Box 413016 Naples, FL 34112 Jim Mudd Collier County Manager 3301 E. Tamami Trail Administration Bldg., 2nd Fl. Naples, FL 34112 Re: Fiscal Year 2007 Meeting Dates In accordance with Chapter 189 Florida Statutes, we are required to provide to you at the beginning of each Fiscal Year a notice of our public meeting schedule. The Board of Supervisors of the Cedar Hammock Community Development District will hold their meetings for Fiscal Year 2007 at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida at 11 :00 a.m. on the second Monday of the following months: November 13, 2006 (Landowner's Meeting) February 12, 2007 May 14, 2007 July 9, 2007 If you have any questions, please contact me. Sincerely, ct:.~~! !JJij Recording Secretary p~CE.\VED SEP 2 5 IGUo< -1\'lhNCE UEp. 161 1 g'v~ 2 IY€CI2Il/. S(p 26 12D SOara Of 2fJ06 COlJnt.. 'J' Corn ' mISs;, Oners MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 26, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cedar Hammock Community Development District Cedar Hammock Community Development District has submitted the following item: a. Minutes of meetings February 13, 2006 and June 12, 2006. Thank you :\speciallspecial Misc. Corres: Date: lfern#: COPies to: , *1 Cedar Hammock Community Development DIstrict Severn Trent Services, Management Services Division 210 North University Drive, Suite 702. Coral Springs, Florida 33071 · Telephone: (954) 753-5841 · Fax: (954) 796-0623 DATE: September 19, 2006 Memorandum to: A TTN: LONNIE c/o Jim Curry U.S. Home Corp. 10481 Six Mile Cypress Parkway Fort Myers, FL 33912 RE: Cedar Hammock C.DD. Minutes of the February 13, 2006 and June 12, 2006 meetings Enclosed for your record is a copy of the above-reference minutes for the Cedar Hammock Community Development District, which are to be kept on file for public access. JPW/lah Enc. FOR INFORMATIONAL PURPOSES ONL Y: ATTN. JIM MUDD Collier County Manager Governmental Center 3301 East Tamiami Trail Admin. Bldg., 2ND Fl. Naples, FL 34112 RECEIVEC, A TTN: JAMES L. MITCHELL Clerk of the Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza III PO Box 413016 Naples, FL 34112-3016 '!NAN\;E F. David Haughton, CPA Berger, Toombs, Elam & Frank 111 Orange Avenue, Ste 300 Fort Pierce, FL 34950 SEP 221006\ ;" '~'2 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held June 12,2006 at 11 :00 a.m. at Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Ronald Rellinger Frank Reynolds Donna Lessard Jim Shaw Chairman Vice Chairman Assistant Secretary (via phone) Assistant Secretary Also present were: John Petty District Manager FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of Minutes of February 13, 2006 Meeting Mr. Petty stated each Board member received a copy of the minutes of the February 13, 2006 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Shaw seconded by Mr. Reynolds with all in favor the minutes of the February 13, 2006 were approved. THIRD ORDER OF BUSINESS Manager's Report A. Acceptance of the Audit for Fiscal Year 2004 Mr. Petty stated a copy of the audit is included in your packet. It is a clean audit which is what we look for each year. Mr. Rellinger stated I read the audit and not being a CPA did not have a problem with it. On MOTION by Mr. Rellinger seconded by Mr. Shaw with all in favor the audit for Fiscal Year 2004 as written was accepted. RECEIVED SEP 22 2006\ !\ll-\NCE: ,)f..P June 12, 2006 Cedar Hammock CDD B. Report on the Number of Registered Voters - 334 Mr. Petty stated a requirement we have by statute is to report to you the number of registered voters which is 334. No action is required ofthe Board; this is an information item. Mr. Shaw asked not by name but where do these registered voters come from? Are they Cedar Hammock landowners? Mr. Petty responded they have to be living within Cedar Hammock. These are registered with the supervisor of elections in Collier County and this is where we get the number. Mr. Rellinger stated explain what the steps are going forward in order to get to this election. We have three seats coming up for general election. Mr. Petty responded you are in transition. There are two seats which will be through the general election where they will have to be accepted by the Supervisor of Elections, you have to qualify. This should be done during this month or the month of July. It is a simple process with paperwork involved. Since it is a transition year; one seat which is Seat #1 held by Mr. Reynolds will be done by the landowners' election in November. In a transition year, one is still done by the landowners' election and two are done through the general election. Two years after 2006, in 2008 all three positions will be by general election. You contact the Supervisor of Election and tell them you are interested in qualifying for one of the two open seats. Mr. Rellinger asked are these four year terms? Mr. Petty responded yes. Mr. Rellinger asked Mr. Reynolds what is your perspective on this? Mr. Reynolds responded mine expires in November and I enjoy commg here but truthfully I feel a true landowner should be on the Board. My interests are elsewhere at this time. Mr. Rellinger asked will we be looking for a letter of resignation? Mr. Reynolds responded yes. Mr. Petty stated the format will be in November I will come on the first Tuesday and hold a landowners election, the seat will be open, if we had a landowner in the audience who was nominated by the audience and accepted by them by vote. It will be the residents voting on a one acre one vote basis. If you have a portion of an acre it counts as one and we will elect them to the position in November. The only way Mr. Reynolds can stay on past November is if nobody was nominated and no one was elected, the statute requires the supervisor stay at the post until relieved. Another way they can do it is before the time, they can resign and you can appoint. 2 ;-'~p ~' June 12,2006 Wi.' {j."" :l....:,~' ' . r'J\l>)!'" .../~...,. , Cedar Hammock CDD Mr. Rellinger stated Ms. Lessard has a candidate interested in running for the Board. C. Ratification of Resolution 2006-3 for General Election Mr. Petty stated in talking to the Supervisor of Election which we do during election year, we have asked for their format and we asked the Chairman to approve it to submit it in a timely fashion. We are asking the Board to ratify Resolution 2006-3 which puts the handy work to election this November. It does not put the District in any other position it did not expect to be in during the election process. This is a housekeeping issue. On MOTION by Mr. Reynolds seconded by Mr. Shaw with all in favor Resolution 2006-3 a RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT REGARDING THE ELECTION OF TWO (2) SUPERVISORS AT THE GENERAL ELECTION TO BE HELD IN NOVEMBER, 2006 was ratified. D. Distribution of the Proposed Budget for Fiscal Year 2007 and Consideration of Resolution 2006-04, Approving the Budget and Setting the Public Hearing Mr. Petty stated it is a simplified budget done by the District Manager and identifies those items I know about considering what we did in past years. This proposed budget is being considered today so we can disseminate it to the public and send it to the local government for review to see if there is any redundancy in services which we maybe able to take care of. We are not adopting a budget today; we are adopting a proposed budget for dissemination to send out to government entities as required by statute. We will be discussing the budget. I can take comments today or any day between now and the time we set the public hearing. At the public hearing we will take comments from anyone who participates in the public hearing process. The Board will then consider the final budget and will set it at that time. Mr. Petty read the resolution. Mr. Rellinger moved the Resolution 2006-04 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2007 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LA W. THE PUBLIC HEARING WILL BE SET ON AUGUST 14,2006 AT THE CEDAR HAMMOCK CLUBHOUSE AT 11 :00 A.M., Mr. Reynolds seconded the motion. 3 June 12,2006 Jd~LJc~ '2 reserve I booked in this year's budget is for the three month carry forward to payoff operational debt. Mr. Rellinger asked as far as the debt itself from the funds, is it totally wiped out? Mr. Petty responded yes. It is not part of your budget and this is why you do not have any debt service. Mr. Rellinger asked what is the Off Site Mitigation for $1 OO,OOO? Mr. Petty responded it is a one time cost and does not come back. Mr. Rellinger stated you did not spend anything, but you budgeted for it in 2007 and raised it to $182,000. Mr. Petty stated it my recollection it is a one time cost. It is a commitment by the District for an obligation. It will roll over automatically for the project once you have approved it. Until we are relieved of the obligation the money will stay committed. Mr. Rellinger asked does it have anything to do with the off site properties we went through with US Homes? Mr. Petty responded my recollection is counsel was here at the last meeting and said he had finally gotten the agreement where the state had agreed to take over all of that. We do not have any further obligation. Mr. Rellinger stated we do not have any further obligation or liability. Mr. Petty stated not continued which we know of. Mr. Rellinger asked if we do not have to approve this, it is just for our own information? Mr. Petty responded we are asking you to approve the budget for dissemination to fulfill statutory requirements of sending it out to all governments for there review. This is not the final budget, it is the proposed budget. Mr. Rellinger asked is it the resolution we just passed? Mr. Petty responded yes. Mr. Rellinger stated I do not have any projects at this time but I will pursue it further. Mr. Petty stated you have a great deal of flexibility. We are not an HOA which is required to have reserves in advance. We are a government agency and we have the ability to assess which means we also have the ability to raise capital as needed. Mr. Rellinger stated one of the great advantages of the CDD is the ability to raise capital. 5 June 12,2006 '"N"6 I : 2 Coo;;;: Hammock cl B On VOICE vote with all in favor Resolution 2006-04 was adopted. E. Consideration of Resolution 2006-5, Designating Kenza van Assenderp as the District's Registered Agent and his office as Registered Office Mr. Petty stated this is a housekeeping matter and typical of all districts where counsel is the registrar for the District and any official documents coming to us or notices or actions will go before our attorney for processing and information to the Board. On MOTION by Mr. Rellinger seconded by Mr. Reynolds with all in favor Resolution 2006-5 was adopted. F. Financial Report for May 31,2006 Mr. Petty stated we have provided in your packet tinancials for May 31, 2006. They are for information purposes and if you have any questions or comments I will be glad to take them. There being no questions or comments, the next item followed. FOURTH ORDER OF BUSINESS Attorney's Report There not being any, the next item followed. FIFTH ORDER OF BUSINESS Engineer's Report There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisors Request There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Audience Comments There not being any, the next item followed. EIGHTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. Rellinger seconded by Mr. Shaw with all in favor the meeting was adjourned. ~ ~pett .- Secretary '\2-::[2 _ Ronald Rellinger Chairman --y--- 7 161 1 B,. )'/ 2 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Monday June 12, 2006 11:00 a.m. Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida 1. Roll Call 2. Approval of the Minutes of the February 13, 2006 Meeting 3. Manager's Report A. Acceptance of the Audit for Fiscal Year 2004 B. Report on the Number of Registered Voters - 334 C. Ratification of Resolution 2006-3 for General Election D. Distribution of the Proposed Budget for Fiscal Year 2007 and Consideration of Resolution 2006-4, Approving the Budget and Setting the Public Hearing E. Consideration of Resolution 2006-5, Designating Kenza van Assenderp as the District's Registered Agent and his office as Registered Office F. Financial Report for March 31, 2006 4. Attorney's Report 5. Engineer's Report 6. Supervisors Request 7. Audience Comments 8. Adjournment Naples Daily News Naples, FL 34102 Affidavit of publication ---~~;;;~~~;~~;~:~--~~~~::_~~~~:_~:~:_----+---------------------~ 210 N UNIVERSITY DR #702 " CORAL SPRINGS FL 33071 AD SPACE: 80.000 INCH FILED ON: 06/05/06 --------------------------------------------------+--------------------- Signature of Affiant ~;r. ~ Sworn to and Subscribed b~fore me this~ day of ~ ~ 204 personally known by me &/Uu"ff tJA~ ~i REFERENCE: 056685 59243909 NOTICE OF MEETINGCED State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Cor~orate Secretary of the Naples Daily News, a da1ly newspaper published at Naples, in Collier County, Florida: that the attached copy of advertis1ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper ~ublished at Naples, in said Collier County, Flor1da, and that the said news~aper has heretofore been continuously publ1shed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 06/05 06/05 ,'"'''''' Harr',"'tI Bushonl'1 ,,~'( PI,)" . II'If ~J '.JtlJ.....~~ MYCOMMISSION~ DD2346GJ EXPIRES , " :,; July 24, 2007 '1;.,... .-&;'::<" 80NDED THRU TROY FAIN INSURANCE, INC '.f,Rf,\~~~\"'" ~/.2 Cedar Hammock Community Development District ANNUAL FINANCIAL REPORT TABLE OF CONTENTS Fiscal Year Ended September 30,2004 FINANCIAL SECTION REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 1-2 Page Number MANAGEMENT'S DISCUSSION AND ANALYSIS 3-8 BASIC FINANCIAL STATEMENTS: Government-wide Financial Statements Statement of Net Assets 9 Statement of Activities 10 Fund Financial Statements: Balance Sheet - Governmental Funds 11 Reconciliation of Total Governmental Fund Balance to Net Assets of Governmental Activities 12 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 13 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 14 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund 15 Notes to the Financial Statements 16-27 Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 28-29 Management Letter 30-31 r~t~ Berger, Toombs, Elam, (OJ Gaines & Frank Certified Public Accountants PL , ~~ \ 1 q SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461-6120//461-1155 FAX: 772/468-9278 Report of Independent Certified Public Accountants To the Board of Supervisors Cedar Hammock Community Development District Coral Springs, Florida We have audited the accompanying basic financial statements of Cedar Hammock Community Development District (the "District") as of and for the year ended September 30, 2004, as listed in the table of contents. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of the District as of September 30, 2004, and the results of its operations and the cash flows of its enterprise fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued a report dated December 8, 2004 on our consideration of the District's internal control over finan~ial reporting and on our tests of its compliance with certain provisions of laws, regulations and contracts. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. The Management's Discussion and Analysis is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquires of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Member AICPA Fort Pierce / Stuart - 1 - Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA , 1 ~~ Berger, Toombs, Elam, G17 Gaines & Frank 161 C",ifled~~ P\ > , To the Board of Supervisors Cedar Hammock Community Development District 18' T):!;~ Our audit was conducted for the purpose of forming an opinion on the District's basic financial statements. The combining and individual fund statements described in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a Wh~.1~ aMI,-. Mt1J/(u)) "- \jA,U~ Berger, Toombs, Elam, Gaines & Frank Certified Public Accountants PL Fort Pierce, Florida December 8, 2004 - 2 - \6 , ., n ~. " t- Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 Management's discussion and analysis of Cedar Hammock Community Development District (the "District") financial performance provides an objective and easily readable analysis of the District's financial activities. The analysis provides summary financial information for the District and should be read in conjunction with the District's financial statements. Because this is the first year of implementation of GASB 34 and the prior period financial information has not been restated, a comparative analysis of government-wide data will be presented in future years. During the current year comparative data will be presented using total governmental funds. OVERVIEW OF THE FINANACIAL STATEMENTS The District's basic financial statements comprise three components; 1) Government-wide financial statements, 2) Fund financial statements, and 3) Notes to the financial statements. The Government-wide financial statements present an overall picture of the District's financial position and results of operations. The Fund financial statements present financial information for the District's major funds. The Notes to the financial statements provide additional information concerning the District's finances that are not disclosed in the Government-wide or Fund financial statements. The Government-wide financial statements are the statement of net assets and the statement of activities. These statements use accounting methods similar to those used by private-sector companies. Emphasis is placed on the net assets of governmental activities and the change in net assets. Governmental activities are primarily supported by special assessments. The statement of net assets presents information on all assets and liabilities of the District, with the difference between assets and liabilities reported as net assets. Net assets are reported in three categories; 1) invested in capital assets, net of related debt, 2) restricted and 3) unrestricted. Assets, liabilities, and net assets are reported for all Governmental activities. The statement of activities presents information on all revenues and expenses of the District and the change in net assets. Expenses are reported by major function and program revenues relating to those functions are reported, providing the net cost of all functions provided by the District. To assist in understanding the District's operations, expenses have been reported as governmental activities. Governmental activities financed by the District include general government, physical environment, transportation and debt service. Fund financial statements present financial information for governmental funds and proprietary funds. These statements provide financial information for the major and other governmental funds of the District. Governmental fund financial statements provide information on the current assets and liabilities of the funds, changes in current financial resources (revenues and expenditures), and current available resources. The water and sewer fund financial statements provide information on all assets and liabilities of the fund, changes in the economic resources (revenues and expenses), and total economic resources. - 3 - ~o F i'l L) Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 OVERVIEW OF THE FINANACIAL STATEMENTS (continued) Fund financial statements include a balance sheet and a statement of revenues, expenditures and changes in fund balances for all governmental funds. A statement of revenues, expenditures, and changes in fund balances - budget and actual, is provided for the District's General Fund. Fund financial statements provide more detailed information about the District's activities. Individual funds are established by the District to track revenues that are restricted to certain uses or to comply with legal requirements. The government-wide financial statements and the fund financial statements provide different pictures of the District. The government-wide financial statements provide an overall picture of the District's financial standing. These statements are comparable to private-sector companies and give a good understanding of the District's overall financial health and how the District paid for the various activities, or functions, provided by the District. All assets of the District, including buildings, land, roads, bridges, and traffic signals are reported in the statement of net assets. All liabilities, including principal outstanding on bonds, and future employee benefits obligated but not paid by the District, are included. The statement of activities includes depreciation on all long lived assets of the District, but transactions between the different functions of the District have been eliminated in order to avoid "doubling up" the revenues and expenses. The fund financial statements provide a picture of the major funds of the District. In the case of governmental activities, outlays for long lived assets are reported as expenditures and long term liabilities, such as general obligation bonds, are not included in the fund financial statements. To provide a link from the fund financial statements to the government-wide financial statements, a reconciliation is provided from the fund financial statements to the government-wide financial statements. Notes to the financial statements provide additional detail concerning the financial activities and financial balances of the District. Additional information about the accounting practices of the District, investments of the District, capital assets, and long term debt are some of the items included in the notes to the financial statements. Financial Hiahliahts: The following are the highlights of financial activity for the year ended September 2004. . The District's total assets exceeded total liabilities by $14,230,534 (net assets). Unrestricted net assets for Governmental Activities were $54,995. Governmental activities restricted net assets were $1,452,224. . Governmental activities revenues totaled $4,284,054 while governmental activities expenses totaled $768,714. - 4 - '6\ 1\1 2 -,- , Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 Financial Analysis of the District The following schedule provides a summary of the assets, liabilities and fund balances/net assets of the District and is presented at the fund level for comparison purposes. It is not intended to be a complete presentation of government-wide financial activity. Total Assets Fund Balances Governmental Funds Percent 2004 2003 Change $ 42,237 $ 30,400 38.9% 1,544,130 3,640,285 (57.6)% 1,586,367 3,670,685 (56.8)% 817 393 107.9 % Current Assets Restricted Assets Current Liabilities Fund Balance Restricted Fund Balance Unrestricted 1,544,130 3,640,285 (57.6)% 41,420 30,007 38.0% Total Fund Balances $ 1,585,550 $ 3,670,292 (56.8)% The decrease in restricted assets is from expending the remaining bond proceeds for capital projects during the year. - 5 - ';1 /" J:i,0~ 12 ~~$ '...: Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 Financial Analvsis of the District (continued) The following schedule provides a summary of the changes in fund balances/net assets of the District and is presented at the fund level for comparison purposes. It is not intended to be a complete presentation of District-wide financial activity. The decrease in Debt Service special assessments is due to fewer prepayments being made by the residents of Cedar Hammock. The decrease in Capital Outlay is due to the remaining bond proceeds were expended, and the 1999 Capital Project Fund closed out this year. - 6 - ; I 161 1 B '2 Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 Financial Analvsis of the District (continued) The following table reflects the condensed government-wide statement of activities for the year ended September 30, 2004. Description General Revenue Charges for services Investment income Other revenue Total Revenues Governmental Activities $ 4,268,365 15,320 369 4.284,054 Expenses General Government Interest on long-term debt Total Expenses 342,163 426.551 768.714 $ 3.515.340 Changes in Net Assets Governmental activities decreased the District's net assets by $3,515,340. Capital Assets Activity The following schedule provides a summary of the District's capital assets activity for September 30, 2004. Description land and Improvements Buildings and Improvements Infrastructure Accumulated depreciation Governmental Activities $11,116,539 230,362 5,580,627 (744.213) Total Capital Assets (Net) $16.183.315 - 7 - 161 1112 Cedar Hammock Community Development District MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended September 30, 2004 General Fund Budaetarv Hiahliahts The budget exceeded governmental expenditures due to lower general government expenditures than were budgeted for. There were no amendments to the September 30, 2004 budget. Debt Manaaement Governmental Activities debt includes the following: . In December 1999, the District issued $24,315,000 Series 1999 Capital Improvement Revenue Bonds. These bonds were issued to fund the construction and installation of certain master infrastructure improvements. Economic Factors and Next Year's Budaet Cedar Hammock Community Development District does not expect any economic factors to have any significant effect on the financial position or results of operations of the District in fiscal year 2005. Reauest for Information The financial report is designed to provide a general overview of Cedar Hammock Community Development District's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Cedar Hammock Community Development District, Severn Trent Environmental Services, Inc., 210 North University Drive, Suite 702, Coral Springs, Florida 33071. -8- ~ 6 I 182 Cedar Hammock Community Development District STATEMENT OF NET ASSETS September 30, 2004 Governmental Activities ASSETS Current assets: Cash and equivalents $ 38,734 Prepaid expenses 2,800 Accounts receivable 703 Total current assets 42,237 Non-current assets: Restricted assets: Investments - debt service 1,541,593 Interest receivable - debt service 2,537 Bond issuance costs, net 13,575 Capital Assets: Assets not being depreciated Land and improvements 11,116,539 Assets being depreciated Buildings and Improvements 230,362 Infrastructure 5,580,627 Less: accumulated depreciation (744,213) Total non-current assets 17,741,020 Total assets 17,783,257 LIABILITIES Current liabilities: Accounts payable and accrued expenses 817 Accrued interest 91,906 Bonds payable 3,460,000 Total current liabilities 3,552,723 NET ASSETS Invested in capital assets, net of related debt 12,723,315 Restricted for: Debt Service 1,452,224 Unrestricted 54,995 Total net assets $ 14,230,534 See accompanying notes - 9 - , ! ~{; Cedar Hammock Community Development District STATEMENT OF ACTIVITIES For the Year Ended September 30, 2004 , I Functions/Proarams Primary government Governmental Activities General government Interest on long-term debt Total governmental activities See accompanying notes Expenses Program Revenue Operating Grants and Contributions Charges for Services $ 342,163 426,551 768,714 $ $ 98,259 4,170,106 4,268,365 General revenues: Investment earnings Miscellaneous Total general revenues and special items Change in net assets Net assets - October 1, 2003 Net assets - September 30,2004 - 10 - '1 ...1 Net (Expense) Revenue and Changes in Net Assets Governmental Activities $ (243,904) 3,743,555 3,499,651 15,320 369 15,689 3,515,340 10.715.194 $14.230.534 .. l , , q ~) ''I:!; b Cedar Hammock Community Development District BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2004 Total 1999 Debt 1999 Capital Governmental ASSETS General Service Fund Project Fund Funds Cash $ 38,734 $ $ $ 38,734 Accounts receivable 703 703 Prepaid expenses 2,800 2,800 Investments, at fair value 1,541,593 1,541,593 Interest receivable 2,537 2,537 Total assets $ 42,237 $ 1,544,130 $ $ 1,586,367 LIABILITIES, AND FUND BALANCES Liabilities Accounts payable and accrued expenses $ 817 $ $ $ 817 Total liabilities 817 817 Fund balances Reserved for debt service 1,544,130 1,544,130 Unreserved and undesignated 41 ,420 41,420 Total fund balances 41,420 1,544,130 1,585,550 Total liabilities and fund balances $ 42,237 $ 1,544,130 $ $ 1,586,367 See accompanying notes - 11 - Cedar Hammock Community Development District RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET ASSETS OF GOVERNMENTAL ACTIVITIES September 30, 2004 Total governmental fund balances $ 1,585,550 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets not being depreciated (land and improvements $11,116,539) used in governmental activities are not financial resources and therefore, are not reported in the funds. 11,116,539 Capital assets being depreciated (building and improvements $230,362, infrastructure $5,580,627, and accumulated depreciation $(744,213)) used in governmental activities are not financial resources and therefore, are not reported in the funds. 5,066,776 Bond issuance costs being amortized (assets $407,262 and amortization $(393,687)) used in governmental activities are not financial resources and therefore, are not reported in the funds. 13,575 Bonds payable ($3,460,000) are not due and payable in the current period and therefore, are not reported in the funds. (3,460,000) Accrued interest expense for general long-term debt is not a financial use and therefore, is not reported in the funds. (91,906) Net assets of governmental activities $ 14.230.534 See accompanying notes - 12 - ~ f , 1" B '"';' "'-. Cedar Hammock Community Development District STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS For the year ended September 30, 2004 Governmental Fund Types Totals 1999 Debt 1999 Capital Governmental General Service Fund Project Fund Funds Revenues Non ad-valorem assessments $ 69,666 $ 3,669,457 $ $ 3,739,123 Developer assessments 28,593 500,649 529,242 Investment earnings 303 14,877 140 15,320 Other revenue 369 369 Total revenues 98,931 4,184,983 140 4,284,054 Expenditures Current General government 87,574 18,394 105,968 Capital outlay 179,244 179,244 Debt service Principal 5,590,000 5,590,000 Interest 493,584 493,584 Total expenditures 87,574 6,101,978 179,244 6,368,796 Excess (deficiency) of revenues over expenditures before other financing sources (uses) 11,357 (1,916,995) (179,104) (2,084,742) Other financing sources (uses) Operating transfers in 56 56 Operating transfers out (56) (56) Total other financing sources (uses) 56 (56) Excess (deficiency) of revenues over expenditures 11,413 (1,916,995) (179,160) (2,084,742) Fund balances - October 1, 2003 30,007 3,461,125 179,160 3,670,292 Fund balances - September 30, 2004 $ 41.420 $ 1 .544,130 $ $ 1 .585.550 See accompanying notes - 13- . I ~ ['t.,r. Jj., IU ' J" ""0 , ! , . Cedar Hammock Community Development District RECONCiliATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the year ended September 30, 2004 Net change in fund balances - total governmental funds $ (2,084,742) Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures. However, in the Statement of Activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlay $179.244 was exceeded by depreciation $(236,195) and amortization $(81,452) in the current period. (138,403) Repayment of bond principal $5,590,000 is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. 5,590,000 In the statement of activities, interest is accrued on outstanding bonds; whereas in governmental funds, interest expenditures are reported when due. This is the net amount between the prior year and the current year accruals. 148,485 Change in net assets of governmental activities $ 3,515,340 See accompanying notes - 14 - <, 6 , 1B .~: , . iJ Cedar Hammock Community Development District STATEMENT OF REVENUES, EXPENDITURES AND . , CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ' . GENERAL FUND For the year ended September 30,2004 Variance Original Final Favorable Budget Budget Actual (Unfavorable) Revenues Special assessments $ 73,048 $ 73,048 $ 69,666 $ (3,382) Developer assessments 28,593 28,593 28,593 Investment earnings 303 303 Other revenue 369 369 Total revenues 101,641 101,641 98,931 (2,710) Expenditures Current General government 101,641 101,641 87,574 14,067 Total expenditures 101,641 101 ,641 87,574 14,067 Excess of revenues over expenditures 11,357 11,357 Fund balances - October 1, 2003 30,007 30,007 Fund balances - September 30, 2004 $ $ $ 41.364 $ 41.364 See accompanying notes - 15 - . 1 , l 2 - ! Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A - SUMMARY OF ACCOUNTING POLICIES The financial statements of Cedar Hammock Community Development District (the "District") have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The District's more significant accounting policies are described below. 1. Reporting Entity The District was created on November 23, 1999, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"), by ordinance of the Board of County Commissioners of Collier County, as a Community Development District. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or re-constructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer and waste water management, bridges or culverts, district roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the District. The District is governed by a five-member Board of Supervisors who are elected for four year terms. The District operates within the criteria established by Chapter 190. As required by GAAP, these financial statements present the District (the primary government) as a stand-alone government. The reporting entity for the District includes all functions of government in which the District's Board exercises oversight responsibility. Oversight responsibility includes, but is not limited to, financial interdependency, selection of governing authority, designation of management, significant ability to influence operations and accountability for fiscal matters. Based upon the application of the above-mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14, the financial reporting entity, the District has identified no component units. 2. Measurement Focus and Basis of Accounting The basic financial statements of the District are composed of the following: . Government-wide financial statements . Fund financial statements · Notes to the financial statements - 16 - 161 18 , J . I Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Measurement Focus and Basis of Accounting - Continued a. Government-wide Financial Statements Government-wide financial statements report all non-fiduciary information about the reporting government as a whole. These statements include separate columns for the governmental and business-type activities of the primary government. The effect of interfund activity has been removed from these statements. Governmental activities which normally are supported by special assessments, rents and interest, are reported separately from business-type activities. Program revenues include charges for services, and payments made by parties outside of the reporting government's citizenry if that money is restricted to a particular program. Program revenues are netted with program expenses in the statement of activities to present the net cost of each program Amounts paid to acquire capital assets are capitalized as assets, rather than reported as an expenditure. Proceeds of long-term debt are recorded as liabilities in the government-wide financial statements, rather than as an other financial source. Amounts paid to reduce long-term indebtedness of the reporting government are reported as a reduction of the related liability, rather than as an expenditure. b. Fund Financial Statements The underlying accounting system of the District is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the primary government's governmental funds are presented after the government-wide financial statements. These statements display information about major funds individually. Governmental Funds When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collected within the current - 17 - .16/ 182 Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2. Measurement Focus and Basis of Accounting - Continued b. Fund Financial Statements - Continued Governmental Funds - Continued period or soon thereafter to pay liabilities of the current period. For this purpose, the District considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. Interest associated with the current fiscal period is considered to be an accrual item and so has been recognized as revenue of the current fiscal period. Revenues are considered to be available when they are collected within the current period or soon thereafter to pay liabilities of the current period. Under the current financial resources measurement focus, only current assets and current liabilities are generally included on the balance sheet. The reported fund balance is considered to be a measure of "available spendable resources". Governmental fund operating statements present increases (revenues and other financial sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by non-current liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as an other financing source rather than as a fund liability. Debt service expenditures, as well as expenditures related to compensated absences, are recorded only when payment is due. 3. Basis of Presentation a. Governmental Major Funds: General Fund - The General Fund is the District's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. - 18 - '16 I 182 Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30,2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 3. Basis of Presentation - Continued a. Governmental Major Funds: - Continued 1999 Debt Service Fund - Accounts for debt service requirements to retire the special assessment bonds which were used to finance the construction of District infrastructure improvements. The bond series is secured by a pledge of all available special assessment revenues in any fiscal year related to the improvements and a first lien on the special assessment revenues from the District lien on all acreage of benefited land. 1999 Capital Proiects Fund - Accounts for construction of infrastructure improvements within the boundaries of the District. b. Non-current Governmental Assets/Liabilities: GASB Statement 34 requires that non-current governmental assets, such as land and buildings, and non-current governmental liabilities, such as general obligation bonds, due to developer and accrued compensated absences be reported in the governmental activities column in the government-wide statement of net assets. 4. Assets, Liabilities, and Net Assets or Equity: a. Cash and Investments Florida Statutes require state and local governmental units to deposit monies with financial institutions classified as "Qualified Public Depositories, II a multiple financial institution pool whereby groups of securities pledged by the various financial institutions provide common collateral from their deposits of public funds. This pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member institutions, providing full insurance for public deposits. The District is authorized to invest in those financial instruments as established by Florida Statute 218.415. The authorized investments consist of: 1. Negotiable direct or indirect obligations which are secured by the United States Government; 2. The Local Government Surplus Funds Trust as created by Florida Statute 218.415; 3. Interest-bearing time deposits or savings accounts in authorized financial institutions; 4. Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. - 19 - t~ 161 ~li;2 , I Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 4. Assets, Liabilities, and Net Assets or Equity: - Continued b. Restricted Assets Certain net assets of the District are classified as restricted assets on the statement of net assets because their use is limited either by law through constitutional provisions or enabling legislation; or by restrictions imposed externally by creditors. In a fund with both restricted and unrestricted assets, qualified expenses are considered to be paid first from restricted net assets and then from unrestricted net assets. c. Capital Assets Capital assets, which include property, plant and equipment, are reported in the applicable governmental or business-type activities column. The District defines capital assets as assets with an initial, individual cost of $750 or more and an estimated useful life in excess of one year. The valuation basis for all assets is historical cost. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend its useful life are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Depreciation of capital assets is computed and recorded by utilizing the straight-line method. Estimated useful lives of the various classes of depreciable capital assets are as follows: Buildings Improvements other than buildings Machinery and equipment d. Capitalization of Interest 7 -39 years 20-40 years 5-1 0 years Interest costs related to bond issues are capitalized during the construction period. These costs are netted against applicable interest earnings on construction fund investments. During the current period, the District did not have any capitalized interest. e. Bond Costs Issuance Costs Bond issuance costs and legal fees associated with the issuance of bonds are amortized over the life of the bonds using the effective interest rate method of accounting. - 20- . I f" 1 6 . 1B ~ ! Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 4. Assets, Liabilities, and Net Assets or Equity: - Continued f. Budgets Budgets are prepared and adopted after public hearings for the governmental funds, pursuant to Section 200.065 of the Florida Statutes. The District utilizes the same basis of accounting for budgets as it does for revenues and expenditures in its various funds. The legal level of budgetary control is at the fund level. All budgeted appropriations lapse at year end. Formal budgets are adopted for the general and debt service funds. As a result, deficits in the budget columns of the accompanying financial statements may occur. NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS 1. Explanation of Differences Between the Governmental Fund Balance Sheet and the Government-wide Statement of Net Assets "Total fund balances" of the District's governmental funds $1,585,550 differs from "net assets" of governmental activities $14,230,534 reported in the statement of net assets. This difference primarily results from the long-term economic focus of the statement of net assets versus the current financial resources focus of the governmental fund balance sheet. The effect of the differences is illustrated below. Capital related items When capital assets (property, plant and equipment that are to be used in governmental activities) are purchased or constructed, the cost of those assets is reported as expenditures in governmental funds. However, the statement of net assets included those capital assets among the assets of the District as a whole. Cost of capital assets Accumulated depreciation Total $ 16,927,528 ( 744.213) $ 16.183.315 Bond issuance costs When intangible assets (legal fees, trustee fees, and other bond related costs are to be used in governmental activities) are expended, the cost of those assets is reported as expenditures in governmental funds. However, the statement of net assets includes those intangible assets of the District as a whole. Bond issuance costs Accumulated Amortization Total $ 407,262 ( 393.687) $ 13.575 - 21 - 1 i 1.1 ?; ! ! Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS - CONTINUED 1. Explanation of Differences Between the Governmental Fund Balance Sheet and the Government-wide Statement of Net Assets - Continued Loml-term debt transactions Long-term liabilities applicable to the District's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities (both current and long-term) are reported in the statement of net assets. Balances at September 30, 2004 were: Bonds payable $( 3.460.000) Accrued interest Accrued liabilities in the statement of net assets differ from the amount reported in governmental funds due to accrued interest on bonds. Accrued interest $( 91.906) 2. Explanation of Differences Between the Governmental Fund Operating Statements and the Statement of Activities The "net change in fund balances" for government funds $(2,084,742) differs from the "change in net assets" for governmental activities $3,515,340 reported in the statement of activities. The differences arise primarily from the long-term economic focus of the statement of activities versus the current financial resources focus of the governmental funds. The effect of the differences is illustrated below. CaDital related items When capital assets that are to be used in governmental activities are purchased or constructed, the resources expended for those assets are reported as expenditures in governmental funds. However, in the statement of activities, the costs of those assets is allocated over their estimated useful lives and reported as depreciation expense. As a result, fund balances decrease by the amount of financial resources expended, whereas net assets decrease by the amount of depreciation expense charged for the year. Capital outlay Depreciation expense Difference $ 179,244 ( 236,195) $( 56.951) - 22- I 1 B Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS - CONTINUED 2. Explanation of Differences Between the Governmental Fund Operating Statements and the Statement of Activities - Continued Bond issuance costs When bond issuance costs used in governmental activities are expended, the resources expended for those assets are reported as expenditures in governmental funds. However, in the statement of activities, the costs of those assets is allocated over their estimated useful lives and reported as amortization costs. As a result, fund balances decrease by the amount of financial resources expended, whereas net assets decrease by the amount of amortization expense charged for the year. Amortization expense $( 81.452) Loml-term debt transactions Repayments of bond principal are reported as an expenditure in the governmental funds and, thus, have the effect of reducing fund balance because current financial resources have been used. Bonds principal payments $ 5.590.000 Some expenses reported in the statement of activities do not require the use of current financial resources, and therefore, are not reported as expenditures in governmental funds. Net change in accrued bonds interest payable $ 148.485 - 23- 1 2 ; I Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE C - CASH AND INVESTMENTS All deposits are held in qualified public depositories and are included on the accompanying balance sheet as cash and investments. The carrying amount of these deposits at September 30, 2004 was $38,734 and the bank balance was $45,007. The deposits are insured by federal depository insurance or collateralized under the provision of Chapter 280, Florida Statutes. The 'District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year-end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department in the District's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department but not in the District's name. The investments in the Money Market Treasury Funds are not categorized because they are not evidenced by securities that exist in physical or book entry form. Money Market Treasury Funds Commercial Paper Total Investments Category 2 Fair Value $ 1,197,071 344,522 $ 1,541,593 The types of deposits and investments and their level of risk exposure as of September 30, 2004 were typical of these items during the fiscal year then ended. The District considers any decline in fair value for certain investments to be temporary. In addition, the District has the ability to hold investments to maturity that have fair values less than cost. The District's investments are recorded at fair value. NOTE D - SPECIAL ASSESSMENT REVENUES Special assessment revenues recognized for the 2003-2004 fiscal year were levied in October 2003. All taxes are due and payable on November 1 or as soon as the assessment roll is certified and delivered to the Tax Collector. Per Florida Statute 197.162, discounts are allowed for early payment at the rate of 4% in November, 3% in December, 2% in January, and 1 % in February. Taxes paid in March are without discount. All unpaid taxes become delinquent as of April 1. Virtually all unpaid taxes are collected via the sale of tax certificates on, or prior to, June 1; therefore, there were no material taxes receivable at fiscal year end. - 24- I 18 v1 C- Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE E - CHANGES IN FIXED ASSETS Capital Asset activity for the year ended September 30, 2004 was as follows: Restated Beginning Ending Balance Additions Deletions Balance Governmental Activities: Capital assets, not being depreciated: Land and Improvements $ 11.024.865 $ 91.674 $ $11.116.539 Total capital assets, not depreciated 11.024.865 91.674 11.116.539 Capital assets, being depreciated: Building and Improvements 230,362 230,362 Infrastructure 5.493.057 87.570 5.580.627 Total capital assets, being depreciated 5.723.419 87.570 5.810.989 Less accumulated depreciation for: Building and improvements (26,314) (11,518) (37,832) Infrastructure (481.704) (224.677) (706.381 ) Total accumulated depreciation (508.018) (236.195) (744.213) Total capital assets depreciated, net 5215.401 (148625) 5.066.766 Governmental Activities capital assets $ 16.240.266 $ (56.951) $ $16183.315 Capital assets are restated for October 1, 2003. An analysis of improvements indicated that it was necessary to remove $3,228,822 from the subsidiary ledger; consequently, the beginning balance has been restated from $19,469,088 to $16,240,266. Depreciation expense is charged to the following function: General government $236.195 - 25- , -; "~ I lR2 l:..,,,.:.., :;:. I Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE F - LONG-TERM DEBT The following is a summary of activity in the general long-term debt account group of the District for the year ended September 30, 2004: Long-term debt at October 1, 2003 Principal payments $ 9,050,000 (5.590,000) $ 3.460.000 Long-term debt at September 30, 2004 General long-term debt is comprised of the following: Revenue Bonds Capital Improvement Revenue Bonds, Series 2003, interest at 6.375%, maturing November 1, 2004. Total long-term debt at September 30, 2004 3.460.000 $ 3.460.000 The annual requirements to amortize the principal and interest of bonded debt outstanding as of September 30, 2004 are as follows: Year Ending September 30, Principal Interest Total 2005 $ 3.460.000 110,288 3.570,288 $ 3.460.000 $ 110.288 $ 3.570.288 Summary of Sianificant Bonds Resolution Terms and Covenants CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999 Depository Funds - The bond resolution establishes certain funds and determines the order in which revenues are to be deposited into these funds. A description of the significant funds, including their purposes, is as follows: Reserve Fund - The 1999 Reserve Account is funded from the proceeds of the Series 1999 Bonds in an amount equal to ten percent of the net proceeds of the 1999 Bonds. Monies held in the reserve accounts will be used only for the purposes established in the Trust Indenture. Capital Improvement Revenue Bonds Reserve Reserve Balance Reauirement Series 1999 Capital Improvement Bond $346.000 $346.000 At September 30, 2004, the reserve account balances are sufficient to satisfy the bond resolution requirements. - 26- :H! ~6j 18 ~ t Cedar Hammock Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE G - ECONOMIC DEPENDENCY AND RELATED PARTIES A material portion of the District's activity is dependent upon the continued involvement of the primary developer, the loss of which could have a materially adverse effect on the District. At September 30, 2004, the developer held the majority of the assessable property located within District boundaries. Amounts contributed by the developer during the year ended September 30, 2004 for operations and debt service totaled $529,242. NOTE H - RISK MANAGEMENT The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the government carries commercial insurance. NOTE 1- RESTATEMENT OF BEGINNING FUND EQUITY For fiscal year 2004, the District has implemented GASB Statement No. 34, "Basic Financial Statements and Management's Discussion and Analysis-for State and Local Governments". GASB 34 creates new basic financial statements for reporting the District's financial activities. The financial statements now include government-wide financial statements prepared on an accrual basis of accounting and fund financial statements which present information for individual funds rather than by fund type. The transition from government fund type balances to the net assets of governmental activities is as follows: Fund Balances, October 1, 2003: General fund Debt service funds Capital projects funds Total Fund Balances - Governmental Fund Types GASB 34 Adjustments: Bond issuance costs - net Capital assets - net Bonds and special assessment bonds payable Accrued interest payable Net Assets, Governmental Activities, October 1, 2003 $ 30,007 3,461 ,125 179.160 3,670,292 95,027 16,240,266 ( 9,050,000) ( 240.391) $ 10.715.194 - 27- I I I 1 I I :1 1 1 I I I I I I I 1 ~~~ Berger, Toombs, Elam, (0' Gaines & Frank 16/ , t)' ~ 18 Certified Public Accountants Pl SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461-6120 II 461-1155 FAX: 772/468-9278 Report on Compliance and on Internal Control over Financial Reportina Based on an Audit of Financial Statements Performed in Accordance with Government Auditina Standards To the Board of Supervisors Cedar Hammock Community Development District Coral Springs, Florida We have audited the basic financial statements of Cedar Hammock Community Development District (the "District") as of and for the year ended September 30, 2004, and have issued our report thereon dated December 8, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over the financial reporting and its operation that we consider to be material weaknesses. Member AICPA Fort Pierce I Stuart - 28- Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA ~~tl Berger, Toombs, Elam, <:0' Gaines & Frank 161 1B2 Certified Public Accountants Pl . I SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461-6120//461-1155 FAX: 772/468.9278 Manaaement Letter To the Board of Supervisors Cedar Hammock Community Development District Coral Springs, Florida We have audited the financial statements of the Cedar Hammock Community Development District, Florida as of and for the year ended September 30, 2004, and have issued our report thereon dated December 8,2004. We conducted our audit in accordance with United States generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditor's Report on Compliance and Internal Controls over Financial Reporting. Disclosures in this report which is dated December 8, 2004 should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1 )(h)1.a) require that we address in the management letter, if not already addressed in the auditors' compliance reports on compliance and internal controls whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. There were no findings in the prior year audit. The rules of the Auditor General (Section 10.554(1)(h)1.b) require that we address in the management letter, if not already addressed in the auditor's report on compliance and internal controls, whether or not recommendations made in the preceding annual financial report have been followed. There were no recommendations made in the preceding audit report. As required by the Rules of the Auditor General (Section 1 0.554(1)(h)2.) the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes regarding the investment of public funds. In connection with our audit, we determined that Cedar Hammock Community Development District complied with Section 218.415, Florida Statutes. The Rules of the Auditor General (Section 10.554(1 )(h)4) require that we address in the management letter, if not already addressed in the auditors report on compliance and internal controls: (1) violations of laws, rules, regulations, and contractual provisions have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g. the required omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, Member AICPA Fort Pierce I Stuart - 30- Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA J D Ui.;,., '~ ~ Berger, Toombs, Elam, Q:fJ Gaines & Frank CriiMl~~ III To the Board of Supervisors Cedar Hammock Community Development District shortages, defalcations, and instances of fraud discovered by, or that comes to the attention of the auditor. Our audit did not discover any of the above items that require to be disclosed. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a), the scope of our audit included a review of the provision of Section 218.503(1), Florida Statutes regarding financial emergencies. In connection with our audit, we determined that the District is not in a state of financial emergency as a consequence of the condition described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.b), we determined that the annual financial report for the District for the fiscal year ended September 30, 2004, filed with the Department of Banking Finance pursuant to Section 218.32, Florida Statutes, is in agreement with our annual financial audit report for the fiscal year ended September jO, 2004. As required by the Rules of the Auditor General (Section 10.554(h)(6)c. and 10.556), we applied financial conditions assessment procedures. It is management's responsibility to monitor the entity's financial condition; our financial condition assessment was based in part on the representations made by management and the review of the financial information provided by the same. This management letter is intended solely for the information of Cedar Hammock Community Development District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. ~.1<<ht~ tld4. ~r -M~ ~ \kU/e." Berger, Toombs, Elam, Gaines & Frank Certified Public Accountants PL Fort Pierce, Florida December 8, 2004 - 31 - JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS April 14,2006 Ms. Jean Rugg Cedar Hammock CDD Sevem- Trent Services 210 North University Dr. Suite 800 Coral Springs, FL 33071 Dear Ms Rugg In compliance with Chapter 190.006 Florida Statutes the total number of registered electors residing in the Cedar Hammock CDD as of April 14, 2006 is 334. If the district will require an election to be staged as part of the general election to be held on November 7, 2006; we ask that you contact our office before June 1,2006. Please feel free to contact our office with any questions you may have regarding the registered voters in your district or our election services. Sincerely, ~ David B. Carpenter Qualifying Officer cc. Ms Jennifer J. Edwards Supervisor of Elections Collier Government Complex. Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: 239/774-8450. Fax: 239/774-9468 /' U 2 J) 6 I l' n r'i : """s --~'-" (' q,) .... S F V J;~ I~ N T I~ I; N T Memorandum To: All Board Members From: Jean M. Rugg, Records Administration Manager Subject: General Elections Information According to Chapter 190 F.S. once a district reaches 6 years and has 250 registered voters, the district's electoral process for the Board of Supervisors is handled by the County Supervisor of Elections. The resolution attached outlines the process and is a requirement of state general election laws. To obtain further qualification information, you may contact the County Supervisor of Elections or visit the state's website at http://election.dos.state.tl.us/and it will link you to your specific county. Staff respectively requests your approval and adoption of this resolution. Severn Trent Services, . Suite 800, 210 N. University Drive. Coral Springs, Florida 33071 . Tel 954-753-5841 . Fax 954-796- 0623 RESOLUTION 2006-03 161 l~ RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT REGARDING THE ELECTION OF TWO (2) SUPERVISORS AT THE GENERAL ELECTION TO BE HELD IN NOVEMBER, 2006 WHEREAS, the Cedar Hammock Community Development District, a community development district, was established in 1999 by Collier County Ordinance pursuant to the provisions of Chapter 190, Florida Statutes; WHEREAS, pursuant to the provisions of Section 190.006, Florida Statutes, six (6) years after the initial appointment of members of the board of supervisors of said district, if there are at least 250 qualified electors in the district, the position of two members whose term are expiring shall be filled by qualified electors of the district, elected by the qualified electors of the district, one of the board members who shall serve a two (2) year term and one of the board members whom shall serve a four (4) year term; and WHEREAS, the seat numbers and length ofterms thereof are: Seat Number 2 for a term of four (4) years, Seat Number 3 for a term of four (4) years; and WHEREAS, the District Manager and District Counsel have communicated the above to the Supervisor of Elections of Collier County, Florida; and WHEREAS, said election will be held on the 7th day of November, 2006 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCKS COMMUNITY DEVELOPMENT DISTRICT, that: SECTION ONE The communications of the District Manager and District Counsel to the Supervisor of Elections concerning the holding of an election in the County of Collier, State of Florida, to be held on the 7th day of November, 2006 as required by the provisions of Chapter 190, Florida Statutes, for the purpose of having all of the qualified electors residing within the boundaries of the Fiddler's creek Community Development District to determine two (2) members as aforesaid to serve on the Board of Supervisors of said district are hereby confirmed, and: A. The Board recognizes said election shall be conducted according to the requirements of the law governing community development districts, as provided in chapter 190, Florida Statues. B. The Board recognizes the election shall be held at the precinct polling places heretofore designated by the Supervisor of Elections in Collier County, Florida. The Board recognizes that the polls shall be opened and closed as provided by law and shall contain the candidates to be voted upon in said election. '1. ~j'. C", ..It M] C. The publication of notice of election shall be had in a newspaper of general circulation within said district and the first date of publication shall be at least 30 days prior to the day of November 11,2006. The publication shall be made at least twice; once in the fifth week and once in the third week prior to the week in which the election is to be held and the Board shall arrange for said publication. SECTION TWO The period of qualifying as candidate for Supervisor to said district shall be from noon July 17,2006 to noon July 21,2006. SECTION THREE Said election shall be conducted according to the requirements of general law and law governing special district elections. DULY PASSES AND ADOPTED this day of June, 2006. BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT ATTEST: ) /) t~ 4 ~ \ (~l.V ~...~ By: Ronald Rellinger Chairman JUN 12 2006 11:28 FR CSID iIGtkm Summary of All Funds General Fund 001 Summary District Administration 9547556701 TO 12393541890 Cedar Hammock Community o.vllopmellt Dlstrlct Table of Conlents Fiscal Year 2007 r.. .Jt P.06/10 "J'i""2 i,'~.... ','. if": . fBt 2 3 JUN 12 2006 11:28 FR CSID 9547556701 TO 12393541890 P.07/10 Cedar Hammock Community Development District Summary of All Funds Rsca Year 200l ,61 18 2 L Summll'Y ~ Fund BudtK Bu~ r:v 2005 -1Y 2008 ~ R.ven~ General Fund 001 $104,980 $96,360 $118,808 Debt Service Fund 201 $505,309 :~135,512 $0 TobIl Revenues ~ ~31,872 $118,808 ~ ~ ::....::.- . ExDtncltu,. General FUnd 001 $114,893 $96,361 $95,046 Debt Setvice Fund 201 $505.309 $135,514 $0 S820.202 -- $95.041 Total Expenditul'8l ~ R..... General Fund 001 $0 $0 523.762 Debt Service Fund 201 $0 $0 SO TotII Reserves $0 -- ===:I! $23.762 Pr0p088d % Funding LM FY 2007 To Prior Year 123% NJA 51% ggo~ N1A 41% NlA N1A NJA Page 1 JUN 12 2006 11:28 FR CSID 9547556701 TO 12393541890 P.09/10 Cedar Hammock Community DtveIoprnent DI8trfct GenA Fund 001 DlBlric;t Acrnlnl8b'81ion F'1tlCa1 Veal 2007 1 () I 1~2 o.aartmMt Fundlon: ProvidBs for &elViees In $L4lPQrt at Dlaltlct mtiona 88 provided for nlha Florida statutea. which InclLde OislJiCl Superviaora, Management Administration, Nllk: Recxlldl, FinanclI, Legal, EngIneering. AuGt end SpaI:lI1 Aasesamenb. Budtet Budget Proposed % fundlng LMl FY 2005 FY 2001 FY 2007 To PrlCII' YItII' CI&Iam Personal SeIvice8 $5,383 $5,333 $5,383 100" Opel'tlling Exilen8e8 $108,760 $90.2~8 $88,913 99" Ca,oltsI Oullay $750 S710 $750 100% Total b!ItIIct Admlftlstmlon I11Ut3 "~.1 $85.lIa "" Buclo-t Budget Propotld ~ Funding I.MI FY 2005 FY 2008 FY 2007 To PrIor V..,. AGcount ~D PeI80nlll Services Boardof~ $5,383 SS.3t3 $5,383 100% Sub-Tol1l/ $5,383 SS,383 $5,383 100% ape.."g EJcpensea Profllllllonal Serviets Mwgement $35,000 $36,m $38,036 1041)6 koounting SerW:elI $8,000 sa,4O) $8.400 lOO'W1 hlcIt $12.500 $7,501 $7,500 100.. Aase88mant Roll seMces $5,000 $S,01)) $5,000 100" lIlgal $5.000 $5,(0) $5,000 1llO% Engineering $2.000 $2,oou $2,000 100% NPOES I'rogrBm $15,000 $11 $0 N/A otr-SlI8 Miligaaon $6,813 $6,81:1 $6,813 100% Pollage $750 $7511 $750 100'16 r_hone $500 $50(.1 $500 100% Insurance $7,500 $7.50(' $7,500 100% Prlnang & RaprgduclJon $1.000 $1,00{ $1,000 100% L8glII AcNertlslng $1.000 $ 1,Oac $1.000 100% Other CUlTent Charges $250 $25C S2&l 100% 0Mce S~lell $400 $400 $400 100% h1nual Diatriot RUng F811 $175 sm $175 10Mfl Collectfon FllEIII & Early Payment Discount $7,872 $7,190 $4,589 64" SuI>- Tofal $108,760 $90,228 $88,913 99% Capital Outlay 0IIk:e Equipment $750 $750 $750 100% SUI>- Total $750 $750 $750 100% TIlbII Dlltrlcl Admln/lttallon $11118t3 $98.381 ~.0.48 "'" Page 3 JUN 12 2006 11:28 FR CSID 9547556701 TO 12393541890 P.12l8/1121 Cedar Hammock Communltv Development Dlatrfct General Fund 001 Summ~ Fl8CIl Ye. 2007 c~ t~ , 182 Fun~ OucIIDtIoq: General FtrId 001 Is Used to account for the administrative as well as operallon and rnaintenMCe acIivi1ies pertaining to 1he Dlmct. k ScImrnarv bv CIteaont ..d""",,-- , Budget Budget PropoMd % Fllndlng Level FV 2005 FY 2006 FV 2007 To PrforYear Rev&nullS UnapproprJatBd Fund Balance SO $0 $41,364 NJA ApproprIated Fund Balance $0 $0 $0 NlA Special Asse88men/s ~ levy $104,980 $95,860 $76.484 BO% SpeciaJ A8S8S8m80t8 . Developer $9,913 $0 $0 N/A Interest Income SO $500 $960 192% M8ce1laneous $0 $0 $0 N1A Inllrfund Transfer In SO $0 $0 NlA To~1 Revenue. $114,893 bUBO $11 8.808 123% Exoendltu,.. P8lllOnal Services $5,383 $5.:183 $5.383 1~ Operating Expenses $108.760 590,228 $88,913 99% Capital outlay $750 $750 $750 100% Total Expenditures 5114.893 '--- S96.a61 S95.048 99% Rnervel Deeignatad R8881'V8S $0 $0 $23,762 N1A UndeslgnafBd Reserves $0 $0 $0 N1A total Res.IVtS 50 SO 123.162 NJA General Fund 001 Alle..mentl Assessable Units Per Unit Assessment BucJget FV 2005 $114,893 799 $130 BUdgllt N2006 595,860 T99 $1*5 Proposed FY 2001 $76,..84 799 $145 % Funding l8'tel To PrIor Year 80% 100% 100% Page 2 JUN 12 2005 11:28 FR CSID 9547555701 TO 12393541890 P.09/10 Cedar Hammock Community Development DIItrict l}. -,ib J 1';, ij ...;) u{~ Gena Fund 001 D181riet MnInlab'81ion FI8IJaI Year 2007 DeaartmMt Fllndlon: Pro\IkIes for &elViC88 In support at Dlsttlct funcdona as provided for In lh8 Florida Statute5, which InclLda [)jstrict Supervisors, Management. Administration, Public Recorda, FInance, legit. EngIneering, Audt and Specilll Auaeaamenl$. Budget Budllet Propolld % Funding Level FY 2005 FY 2001 FY 2007 To PrIor Year ~ Personal Servicea $5.383 $5.333 $5,383 100'16 Operating Expenses $108.760 m.m $88.913 99% Caplla) 0ulIay $750 sma $750 1~ Total Dl*1ct AdmIn!stnltlon S11~~ ~,311 $85.lMI 9ft Bu.' Budpt Propolld 'l6 Fundlllll.Ml FY 2005 FY 2006 FY 2007 To PrIor V..,. a-........ D8Ia1ptlsm Personal Services BoardofS~ $5,383 $5,~3 $5,383 100% SUb- T oral $5,383 $5,383 55,383 100" Operating~ ProfIlMlonaJ Servk:es Management $35,000 $36,m $38,036 104" Acoounting SeMc8ll $8,000 $13.403 $8.400 1 QOlI6 hJdt $12,500 $7,5O'J $7.500 100% Aseeasme/'lt Roll ServIces $5,000 $5,OI)J $5,000 100% Legll $5,000 $5,00) $5,000 100% !:ngineerlng $2.000 $2,000 $2,000 100% NPOES Program $15,000 $II $0 N/A O/f-Slt& MillgaGon $6,813 $6,81:1 $6,813 100% Postage $750 $75(1 $750 1 QOIIl. T elllphone $500 $50(1 $!OO 1ooll6 lnaul8l"lC8 $7,500 $7,50(' $7,500 100% Prln1lng & RtIproduction $1,000 $1,00( $1.000 100% lElQlll Ar.WertJalng $1,000 $1,OOC 51.000 100% att. Cumlnt Chargee $250 $25C $250 100% 0Mce S~lea $400 $400 $400 100% Annual DI81riot RUng FlIII $175 $175 $175 100% CoIlectlon Fees & Early Payment DIscount $7,872 $7,190 $4,589 64'16 Sub- T olal $108,780 $90,228 S88,913 99% Capital Oullay OIftce E~ipment $750 $750 $750 100% sut>-Tora/ $760 $750 $750 100"" T alii Dlltrlct AdmJnfatratJon S11~8t3 Sl8.3S1 ~nt! 99% Page 3 Cedar Hammock Commu"lty Development District Proposed Budget General Fund HscalYear2007 ,::; DeKflptlon Adoptod Budget FY200l Actual thru 313112006 Projected Next 6 Mcmths Total Projected at 9J)OJ~ Propoud BlIdg<< FV~7 RiYttlues .Interest Income lnterfund Transfer 111 Ane$$nJent Levy Developer AsseS$ment JTe>taJ ~.nues ~n\iltU"'1 Administrative Supervisors Fees Management Fees AudltFees Assessment Roll &wkes Legal Fees Engineering Telephone Postage Insurance Printing & Blndln{} L~aJAdvenlslo9 Offie& SUpplies D1M, lJcel'lses & S1Jbscriptions Other Current Charges C:apital Outlay COJIect:iorl F$$s & EM)' Pml Disc 1~l'IIinl~..exrlJ!'\dilU" Ff.'dServ/Ces Off Site Mitigation 1l'A.I~"".nee.~~dfN'" JT9tate;jp.n4Jblrte e in Fund BalanCe 5500 $0 $95,880 $0 $96,360 $5.383 $45,150 $7,500 $5;000 $5,000 $2,000 $500 $750 $7,500 $1,000 $1,000 $400 $115 $250 $750 $7.190 $&U48 $100,000 Sl00,OCO $1~9,!i48 $1.482 $566 $87,Mlo $0 $89..514 $1,192 $18,813 $0 $5,000 S1,293 $0 $'1 5195 Ss.oOO $172 $548 $483 $175 $50 $0 $3,345 $3&,387 c' $0 $0 536,367 $1,000: $0 $8.394 $0 $9.394 $4,091 $26,337 $1.500 $0 $;3,707 $2,000 $499 $555 $2.,500 S828 $452 $60 SO $200 $750 $3,845 $53,324 $0 $(} $53.324 $2,482 $566 $9$.860 $0 $9~.908 $5.383 $45,150 $7,500 $5.000 $5,000 $2..000 $500 $750 $7.500 $1,000 $1,000 $543 $115 $250 $750 $7,190 $89,691 .$0 $89,,691 GrQSS AS$e$S'mcnl$ Less; Disoounts & Co!1octiOO$ (6%:) " NOot A$sessrnoots Page 1 $0 $0 $182,358 $0 $1~,3!)a $5,383 $45,150 $7,500 $5,000 $5.000 $2,000 $$00 $750 $7,500 $1,000 $1,000 $400 $175 $250 $750 $t} $82,;m8 $0 $100,000 $loq.OOO $162;358 ~ $193.998 $11,640 $182.358 r;,;;o;;;r~ so ~ ,I U, ? ;;!'.ll~~ Cedar Hammock Community Development District Proposed General Fund Budget Fiscal Year 2007 " REYENUES: Mamtenance Assessments The District will levy a Non-Advalorem Assessment on aU ofthe platted lots within the District. The remainder of the expenditures will be funded by the Developer. EXPENDITURES: Administrative: Supervisors Fees TIle Florida Statutes allows each board member to receive $200 per meeting not to exceed $41800 in one year. The amount for the fiscal year is based uponaH 5 supervisors attending the estimated 12 annual meetings. Enuineering Fees The District's engineer will be providing general engineering services to the District. i.e., attendance and preparation tor monthly board meetings. review invoices, etc. Assessment Roll Services ThcDistrict's Collection Agent wiII be providing tinancials services which include the c.ollection of prepaid assessments, maintenance of District's assessment roll and levying the a..rtJlual operating and maintenance and debt service assessments. Lce:al Fees The District's legal counsel will be providing general lega.l services to the District, i.e., attendance and preparation for monthly meetings. review operating and maintenance contracts, etc. Audit Fee The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Fiml. ManagenJcntFces The Dis.rict receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" ofthe Management Agreement Telephone 'felephone and fax machine. Page 2 Cedar Hammock Community Development District Proposed General Fund Budget Fiscal Year 2007 ~; 6 I 182 Posta2e Mailing of agenda packages, overnight deliveries, con'espondence~ etc. Insurance The Oistrfct's General LiabiHty & Public Officials Liability Insurance polky is with The Florida League ofCities~ Inc. The Florida League of Cities, Inc. specializes in providing insumnce coverage to governmental agencies. p,..~tb1j!& BiDdine Printing and Binding agend;;l packages for board meetings, printing of computerized checks.~ stationary. envelopes etc. l~"al AdvertisiBe: The District is required to advertise various notices . for monthly Board meetings, public hearings, etc. in a newspaper ofgeneraJ circulation. Otber Current Chal]:cs Bank charges and any other miscellaneous expenses that are incurred during thcyear. Qflee SUIlPUes Misc.etlaneous office supplies. DUfStLieenses & Subscriptions The District is required to pay an an.nual fee to the Department of Community Affairs.for.$175. This. is the only expense under this category for the District CaDita) OutbLV Represents any millorcapital expenditures the District may noo<t to make during the FiscalYear such as a file cabinet for Districttlles. . Fie" Services: Off~UteMiti2a.ion TIlis category is for any expenditure incurred for lake maintenance. Page 3 Cedar Hammock Community Dcwe40pment Dl.trict PropO$td Budget 'or Fllcal Vear 2007 Debt Service Fund. Serlet1999 JL 6 I 1 B 2 Statement 0' Revenue, expenditures and Change. in Fund Balance For the Flleal Vear Ending September 30,2006 FV 2.006 Actual Pt~d T01l1 Adopted Through Next Projetttd Budget 3J3112006 6 Monlhs 913012006 $110,000 SO SO $0 $0 $<I SO 54 $0 3279 SO 5279 $0 $0 SO SO $25.512 $2.00::' SO $2,000 StlS,613 $2,21l3 $0 $2;,28:1 Revenues: ASSllS5IJlent Prepayments InIerost iorome Revenue IIlleJ'e$t itl(Xl(l16 . Prepayment Inlerest ltl(Xl(l1e . ReselW Fund Deve/c4ler Conlrlh1Jtlons T oIIll ReV&,lUeS Expllnles Prof'tuIom!I & Adminislrative Ao::ounting SM'tces TMllee. Fees Arbitrage Rebate Caiculaoon OiSserl!lt\attonAQ~nt F!ll!~ lnwrfund Transier Out Principal Prepa,'metlts In!erest Expense $4,500 $7,500 $1,500 SO.OOO $0 SIIO,COO S1{)13 $135,fi13 3150 $0 $1,250 $0 3500 5110,000 $3,50l) so S15e SO SO $0 $1,250 $0 SO so $566 SO S110,OOO SO 53,500 $CJ 5116,072 $I) (l1131B9i $113.789 SO SO SO SO SO SO T etal Expenses S11&,On N\lllfl()()fl'le so ,$113,789 Fund BalanCll Sap!!lmoor 30, 2t)OQ ReserJed lorOebtSer'/fco. Sl,itles B {All Yll\ilrs} Reserved {(if De\:{ ServiCfl(FlScal Year 2008): ?rIn~ on Boods Due l1f1.I2OOB Intortl$t E~peri5e [Ne nl1l2008 Reserved lor FuturllO~t Sarv.ee Fund Balafl.ca Sootembtlf SO, 2006 Page 4 Cedar Hammock Community Development District Proposed Budgtt for Fiscal Year 2007 DebtServlce Fund. Series 1999 Statement of Revenue, expenditures and Changos in Fund Salam:e For the FlseaI Year EndlngSeptembtr 30, 20l)7 RlWeflUlll: Unappropriated f ulld Blllanoo- Qcti)ber 1, 20Ile Special AlI!le6$ll'lEll'ljs fnt~ 1/'lOOfl1e ApproprlatiollS: Oi;lbl $eMr.e' PrinCiplllC-eb1 Retirement Prinelplli Prepay11'lllnts ~t Expense Serles A 1111/2006 1l\~1 Expense Series 81 tI1l2006 IrtllnIilExpeI1$l1 Serles.A 5i1t2OO1 I~! Expense Serle~ e 511!ZOO1 Oi$$eminllliOO ArblIrage CakUlaliotl T!lJ$hl$ FM CaikOOn l!IId ~ PageS T otaIRevenue: T alai Debt Sel\lice Total Debt ~Nice ~: ~~ w $I) $I) $0 $0 $0 SO $0 SO SO SO SO SO $0 $0 $0 :~2 RESOLUTION 2006-04 1\ (~ ~ .:J, "C'c ") {$' ;~ \'r~...~ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2007 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2007; a copy of which is attached hereto, and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2007 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: August 14, 2006 Hour: 11 :00 A.M. Place: Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 12th day of June, .",: , ~> I \",,/ 1.8....,,).. .'j'- !(~ RESOLUTION 2006-5 A RESOLUTION DESIGNATING KENZA V AN ASSENDERP AS THE DISTRICT'S REGISTERED AGENT, AND FURTHER DESIGNATING THE DISTRICT'S REGISTERED OFFICE FOR SERVICE OF PROCESS AS YOUNG & V AN ASSENDERP, P.A. WHEREAS, Section 189.416 of the Florida Statutes requires each District to designate a Registered Office and a Registered Agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon the District; and WHEREAS, the Board desires to designate Kenza van Assenderp as its Registered Agent and designate his business address which is Young & van Assenderp, P.A., 225 South Adams Street, Tallahassee, Florida, 32301 as its Registered Office; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER VISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: 1. Kenza van Assenderp whose business address is Young & van Assenderp, P.A., 225 South Adams Street, Tallahassee, Florida, 32301 and whose telephone number is 850-222-7206 is hereby designated as the Registered Agent of the District for the purpose of Section 189 .416( 1), Florida Statutes and his office as the Registered Office of the District. 2. This Resolution shall take effect immediately. 3. The District Manager shall transmit certified copies of this Resolution to the Clerk of the Collier County Board of County Commissioners, and to the State of Florida Department of Community Affairs. Adopted this 12th day of June, 2006. Assets: Cash Accrued Interest Receivable Accounts Receivable Cash - SunTrust Investments - Revenue Investments ..lnterest Account Investments- Prepayment Investments. Reserve Market value Adjustments Due From Debt Service Due From Developer Assessments Receivable Prepaid Expenses Amount Available Amount to be Provided Improvements Total Assets l..iabllltles: Accrued Expenses Due to Other Funds Developer Reserve other Uability Retainage Payable Fund Balances: Investment in General Fixed Assets Reserved for Debt Service Designated for Access Control Designated for Roadw.ay SeMces Unreserved General Fund Total UabUities and Fund EquIty 8. Other Credits J 6/18 Cedar Hammock Community Development District Combined a.flme. Sheet May31,2006 Gen eral Fund Debt Service fund r otal s (Memorandum Only) 2006 SO $0 $0 $120,039 $0 $0 $0 $0 $0 $2,000 $0 $0 $0 $0 $0 $0 $122,039 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,000 $0 $0 $0 $0 $0 $2,000 $0 $0 $0 $120,039 $0 $0 $0 $0 $0 $2,000 $2,000 $0 $0 $0 $0 $0 $124,039 $3,762 $0 $0 $0 $0 $0 $0 $0 $0 $11~r277 . _$122,039 $0 $2,000 $0 SO $0 $0 $0 $0 $0 (SO) __._"_ $2,000 $3,762 $2,000 $0 $0 $0 $0 $0 $0 $0 $118,277 $124,039 Pagel Revenues; Interest Income Interlund Transfer In Ass.essment Levy Developer Assessrnent Total Revenues E~endlture$; Proflu$jonal & AdmlnJstrativ9 Su~sor Fees Management Fee5 Acwunting Sel'.~ces Audit Fees Assessment Roll Servloos legal Fees Engineering T l'llephone Postage Insurance PrinlJIlg & Binding l.egal Advertising O'ffice Supplies Does, Ucenses, & Subscflplloos Olher Current Chrrges Caprltll OuUay Collection Fees & EMyPymnt Disc T ota} AdminIstratiw Ex~nses Expendituru; Field Services Off Site Mitigatron T otatFleld Expenses Total Expenditure-s Excess Revenues (Expenditures) Fund Balal'lCe . Beginning Fund Balance. Ending Cedar Hammock Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending May 31, 2006 Current Month Y.T-O Y - T.D Budget $488 $0 $1.920 $0 $2,408 161 182 % of Bud. $2,397 $500 479.34% $566 $0 0,00% $91,622 $95,800 95.58% $0 $0 0,00% $94,$5 $86,300 98,16% J $0 $1,292 $5,383 24.00% $0 $24,500 $36,750 66.67% $0 $5,600 $8.400 66.67% $0 $0 $7,500 0.00% $0 $5,000 $5,000 100.00% $123 $1,611 $5,000 32,23% $0 $0 $2,000 0.00% $0 $1 $500 0.24% $0 $209 $750 27.00% $0 $5,000 $7,500 66.67% $0 $282 $1,000 28.17% $193 $741 $1,000 i 4,08% $0 $540 $400 135.08% $0 $175 $175 10000% $245 $295 $250 117.93% $0 $0 $750 0.00% $38 $3,428 $7,100 47.68% r~ $599 $48,674 $89,548 54.36% I $a' $0 $B,813 0.00%1 l $0 $0 $13,813 0.00% r---'-'~~'"'$599"""""$48:67 4' .....,......$96161J".".....5[5E~] 1-' $45,911 $0 $1,800 $72,366 Page 2 Rev&nu,s: Assessment Prepayments interest income - Revenue InterElstlncome - Prepayment Interest Income - Reserve Fund Assessment Off-Roll Total Revenues Expenditures: Professional & Administrative Accounting Services Trustee Fees Arbitrage Rebate Calculation Dissemination Agent Fees Interfund Transfer Out Principal Prepayments Interest Expense Total Administrative Expenses Total expenditures Excess Revenues (Expenditures) Fund Balance. Beginning Fund Balance - Ending 16/ 182 Cedar Hammock Community Development District Debt Service Statement of Revenues & Expenditures For The Period Ending May 31, 2006 I Current V.T.D Y-T-D Budget % of Bud. I Month $0 $0 $110,000 0.00% $0 $4 $0 0.00% $0 $279 $0 0.00% $0 $0 $0 0.00% $0 $2,000 $25,512 7.84% , $0 $2,283 $135,513 1.68%\ $0 $750 $4,500 16.67% $0 $0 $7,500 0.00% $1,2.50 $1,250 $1,500 83.33% $0 $0 $5,000 0.00% $565 $566 $0 0.00% $110,000 $110,000 $110,000 100.00% $3,560 $3,506 $7,013 50.00% I $115,376 $116,072 $135,513 85.65%1 I $115.376 $116,072 $135,513 85.65%1 I ($115,376) ($113,189) $0 $113.789 ($0) Page 3 Cedar Hammock COMMUNITY DEVELOPMENT DISTRICT ASSESSMENT COLLECTIONS FISCAL YEAR ENDING SEPTEMBER 30, 2006 DATE GROSS TAX COMMISSIONS PENAL TIES/ DEliNQUENT NET AMOUNT RECEIVED RECEIVED DISCOUNTS & PENAL TV RECEIVED 10/31/05 $68.58 $1.37 $0,00 $0.00 $67.21 11/22/05 $1,382.16 $27.64 $0.00 $0.00 $1,354.52 \2/05/05 $11,172.46 $223.45 $0.00 $0.00 $10,949.01 12/16/05 $55,750.72 $1,115.01 $0.00 $0.00 $54,635.71 01/04/06 $12,762.79 $255.26 $0,00 $0.00 $12.507.53 01/31106 $5,032.23 $100.64 $0,00 $0.00 $4.931.59 03/03f06 $1,296.98 $25,94 $0,00 $0.00 $1,271.04 04/04f06 $2,236.23 $44 72 $0.00 $0.00 $2,191.51 05/04/06 $1,91968 $38.39 $0.00 $0.00 $1.881.29 $0,00 $0.00 $0.00 TOTALS $91,621.83 $1,832.42 $0.00 $0.00 $89,789.41 , 2 1, B TOTAL BUDGET I .,.' $_1~if:~t GENERAL FUND 100.00% $67.21 $1,354.52 $10,949.01 $54,635.71 $12,507.53 $4,931.59 $1,271.04 $2,191.51 $1,881.29 $0.00 $89.789.41 " h J ,1 B ~; ~. MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held February 13, 2006 at 11 :00 a.m. at Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Ronald Rellinger Frank Reynolds Donna Lessard Jim Shaw Chairman Vice Chairman Assistant Secretary Assistant Secretary Also present were: John Petty District Manager FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matters A. Appointment of Supervisor to fill the Unexpired Term of Office (11/2006) Mr. Petty stated as we discussed before the meeting, it may be appropriate for me to talk about the process of filling these positions and what is before us. We have an open seat and the seat can only be filled by this Board. The person who is nominated and appointed by this Board will sit for the remainder of the term. The term of Mr. Stanley who resigned, is until November, 2006. It is in November where we will do our transition elections. Prior to this, our elections had been by landowners, one acre one vote Of any fraction of a acre constituted one vote within the community. It was done every two years and was handled on site by us and we would hold the landowner election for any existing position which was expiring at the time. We would take nominations from the floor because the Board does not sit during a landowner's meeting; it is only the residents which control the meeting; we would get the nominations necessary for the open positions and the ones with the most votes would sit for a 4 year term and the ones who were the least popular would sit for a 2 year term, this way every 2 years you would have 3 Board members rolling over or the majority of the board. This yeaf is where we start the February 13, 2006 " ell B 2'... Cedar Hammock CDD - 'm1 transition to the popular election. Two positions in November will be through the Supervisor of Elections and anybody wishing to fill those positions will qualify with the Supervisor of Elections this summer. The Supervisor of Election will handle the election and it will not go through management and will not go through this Board, it will be strictly handled by the Supervisor. If they run unopposed, they get the open seats. If nobody sits down and registers for this election, those Board members whose seats or terms expired stay on until their seat is filled through appointment or through an election process. The State of Florida does not let you go home that easy, if nobody is there to take your seat you have to stay. The third position this year in November will be done by the landowner's election as it has been done in the past. This is the only year we will do this. The next election after 2006 which will be in November 2008 will be all by popular election through the Supervisor of Elections office. The only other thing I have to bring to your attention is we still have Mr. Reynolds here committing is time from U.S. Homes and I know the development is pretty well decided and Mr. Reynolds may decide his newer developments have more charm. Mr. Reynolds stated I drove through this area and it is absolutely beautiful. The maintenance and all the way down to the details have just been incredible. The maintenance group who takes care of the place has done a great job. Mr. Rellinger stated it is not only the contractor but our own in house maintenance people. Do you have any anticipation? Mr. Reynolds responded no, my seat expires also in November and I am obviously always there for a phone call if needed for any experience or for any help which maybe needed outside the Board, you can call me in reference to something, I can always lend a hand, but as far as my seat on the Board, I am not landowner. I do have an interest in the place because it does have U.S. Homes as far as the name still, to a degree, and like you said I have done a drive through and it looks like it is in very competent hands at this point. Everything is going very well. Mr. Petty stated Mr. Reynolds we talked about this before the meeting and of course your position on the Board is value and you always want to keep in contact with the developer for a period of time. We were talking about the concept of nominations for this 2 February 13,2006 -Ii.... N'~'2 Cedar Hammock Cl.fJ "~"; meeting and what may lay before them. We are trying to fill one supervisor's position at this time and in November we will be filling three. Mr. Rellinger stated I think at this time we can take nominations for the open slot/position and then open it to the other proposed nominations to have some conversation or information relative to those nominations. Mr. Shaw stated I nominate Ms. Susan Lyons who is with us today and in fact I read her bio at the last meeting which was incorporated in the minutes. She is a full time resident, wife, mother, grandmother, a former registered nurse and she is extremely well qualified for the position given all of her administrative chair duties from her previous hospital experience. Mr. Shaw nominated Ms. Susan Lyons as Supervisor and Mr. Reynolds seconded the nomination. Mr. Petty asked are there any further nominations? Ms. Lessard responded I have a resume which was sent to me for a Mr. Frank J. Vaselewski, he is a resident of Cedar Hammock. Mr. Rellinger asked will you go through it. Ms. Lessard responded by reading the resume for Mr. Frank Vaselewski. . BS Accounting, Murray State University . Graduate Degree in Banking, Brown University . 1970 to 1972 - Peat, Marwick, Mitchell Certified Public Accountants - Audited Banks and several public and non- public companies, worked on Federal and State Corporate Income Tax Returns . 1972 to 1999 - Albank Financial Corporation - Held various positions during a twenty seven year career, including Auditor, Treasurer, Sr. Vice President, as well as President of the Bank's Brokerage and Insurance Companies. . As Sr. Vice President of Retail Banking, he was responsible for overseeing the operation of the Bank's branch network in New York, Massachusetts and Vermont, along with the bank's Marketing, Bank 3 February 13, 2006 Cedar Hammock CDD . Card and Checking Departments encompassing over 800 employees. As President of the banks subsidiary companies, he oversaw the sale of investment products along with the backroom settlement operations. 1972 to 1990 - Operated own part-time Income Tax preparation business service 300 Clients. Was a member of Cedar Hammock Villa I Board of Directors for three years. 61 1 fr" ~ L' e . Ms. Lessard nominated Mr. Frank Vaselewski as Supervisor. Mr. Petty stated we have a nomination for Mr. Frank Vaselewski, do we have a second? Mr. Rellinger stated before we get into this, a point of reference, if we have a second what is the process after this. Mr. Petty stated if we do have a second, we would have two nominations and we will then call each nominee for a vote, the Board will vote for the one they like, the one with the most votes will get the seat. Mr. Rellinger stated as you said before the next fulfillment of a seat will be in November. Mr. Petty responded yes, November, and let me say you are fortunate to have such a luxury to have such qualified people willing to sit on the Board. It is not a glamorous position and it does not pay well as you know, this is a lot of work and very little gratitude because most people assume this stuff just happens. It is nice to know we have people committed to the community who will give of their time. Mr. Petty stated is there a second for Mr. Vaselewski? Due to lack of a second the nomination died. 4 February 13,2006 161 1., 8'14? Cedar Hammock CnD - Not hearing one, we will probably like to keep his resume. We can contact him in the summer months to let him know about the process of complying with the Supervisor of Election process and we can get this person on board at that time. Mr. Rellinger stated I agree. Mr. Petty stated this being done, called for the vote on the nominee Ms. Susan Lyons. On VOICE with all in favor Ms. Susan Lyons was appointed as Supervisor of Cedar Hammock CDD. The record will reflect the Board took a five minute recess. B. Oath of Office of Newly Appointed Supervisor Ms. Chiles, being a Notary Public of the State of Florida, administered the Oath of Office to Ms. Lyons and a copy of the signed oath is attached hereto and made a part of the public record. Mr. Petty invited Ms. Lyons to join the other Board members and explained her duties. You are now capable of voting and you must vote on everything brought before the Board for consideration. You are not allowed to abstain unless there is a conflict and a conflict has to be basically one of a financial means and you should always talk to the attorney during the vote to ask their opinion. Abstaining because you do not like the idea is not possible. The State of Florida mandates you must vote, if you do not say anything we assume it is a positive vote. Mr. Petty stated there are more papers for you. One is going to be a Supervisor Information Form. There is also the Supervisor of Elections Form, which you must file within the next 30 days , and a Financial disclosure. Also included in the packet is the Sunshine Law and Code of Ethics. THIRD ORDER OF BUSINESS Approval of the Minutes of the October 10, 2005 Meeting Mr. Petty stated each member received a copy of the minutes of the October 10, 2005 meeting and requested any additions, corrections or deletions. 5 February 13, 2006 161 18 2 Cedar Hammock CDD Mr. Rellinger stated concerning discussion on prior minutes, I have one I would like for Mr. Reed from the audience to update us on concerning the easement parcels. Mr. Reed stated Collier County has sent us notification approximately 60 days ago where they wish to bring in a water main extension from Davis Boulevard south to Rattlesnake Hammock Road for easements of 4 parcels of land numbered 1 T, 2T, 4T & 5T. They made an offer of $23,800 initially for it. We notified them through out club attorney we were going to have an independent appraisal done. The appraisal was completed and I received a copy of it on Friday afternoon. The appraisal came in at $55,000. Our attorney has notified the county of our wish to begin negotiations on this and we should have something in the next few weeks. Mr. Rellinger asked are there any question on the update? Mr. Petty responded if I can clarify for the HOA, this is all very relevant, but for the District I think there were 5 parcels which were strictly the HOA and there may have been one landscape parcel for the District. Mr. Rellinger stated there was one parcel for the District which we blended to the other five parcels with the attorney and I believe is being transferred over. Mr. Petty asked to the HOA? Mr. Rellinger responded it is all part of the negotiation. The one parcel which came to the CDD is blended in with negotiation. Mr. Petty stated the reason I ask is only this Board can authorize the other evaluation of the property. I thought at the last meeting we discussed how we typically work with another government agency to provide infrastructure as we would go to the county from time to time and we maybe going to the county in the future where those needs of providing infrastructure typically local governments tend to work together without an exchange of funds. I think this is how we projected it to you when we initially got the letter, certainly the District can look at evaluating it and coming to terms through the process, but from a staff level I can tell you working with the county on a government to government basis is something which will bear fruit over time and if we will charge them for something, I am sure they will charge us for something in the future. Mr. Rellinger stated I guess I misunderstood the process. I thought it was all grouped into one. 6 February 13,2006 161 1~' w .,. Cedar Hammock CDD Mr. Petty stated I think what you have from the HOA is an indication of the value and it is good to know the value which you are working with the county for when you call in the favor you get something similar to it. That is staffs recommendation unless you would like to do otherwise. Mr. Rellinger asked IS there anything else m the minutes which need to be discussed? Mr. Reynolds responded I was going to provide some information on what was stated on the last order of business in the last minutes; the mitigation bank report, the monitoring report which was the final report; it looked like there were some questions which had taken place with Mr. Cox and Mr. Ron Heron. This report will identify, it has the permits for the Army Corps of Engineers and district of all and exactly what is taking place out there and it has pictures to reflect all the maintenance and we can enter it in as the type of evidence about what is taking place out there, what we finance up to this point and now is being turned over to the state. I do not know if there is a certain record's department who will hold it and I will give it to Mr. Petty. Mr. Petty stated we will handle it. Mr. Re11inger stated just so all taken care of and signed off. Mr. Petty stated what I would like to do on receipt of this document is to make a copy of it and send it out to all the Board members for their reference. On MOTION by Mr. Reynolds seconded by Mr. Shaw with all in favor the minutes ofthe October 10, 2005 meeting were approved. FOURTH ORDER OF BUSINESS Consideration of Engagement Letter witb Berger, Toombs, Elam, Gaines & Frank for Fiscal Year 2005 Mr. Petty stated the District is required to have an independent third party audit every year. If we have multiple year contracts with the auditor, and in this case we do, we are allowed to bring it to you for consideration in this manner. Should you wish to choose a new auditor you will do so under specific requirements by the State for those professional services where you will sit as the Audit Review Committee, you will set the parameters you think are important for the audit, you will solicit letters of interest from various auditors, and then you will rate them on a scale 1,2,3,4,5 and then negotiate with the 7 .' i 18 ? ;,~~I Cedar Hammock CDD February 13, 2006 number 1 choice if you reach a good negotiation and settled you would not have to go on, if you could not reach the desired results you would then go to your second, then on an on. In this case, this is your auditor which you have chosen in the past and you have gone through the very similar process. They are on a multiple year contract with us now and this is basically a housekeeping issue and staff is asking you to authorize the engagement letter with this auditor. On MOTION by Mr. Reynolds seconded by Mr. Shaw with all in favor the engagement letter with Berger, Toombs, Elam, Gaines & Frank for Fiscal Year 2005 was approved. FIITH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager - Financials for September and December Mr. Petty stated we have provided you financials for September and December and we did this to confuse you, we left out October and November. If you look at December, it tells you your status and I think we threw in September because it was the end of the year, normally you just get the current month, but September was the close of our fiscal year. If you have any questions, I will be glad to try and answer them. Mr. Rellinger asked will you review or give us a status on numbers for September, 2005. Mr. Petty responded our current fiscal year is 2005-2006 and our debt is basically being cleaned up as we go through this year. All future years will have zero debt requirements and it will just be an operation and maintenance budget which you will be going through this summer. What you see now, as far as debt service, is basically the reserve fund and some incidentals being cleaned up in the account. Since I have said this and you are looking at the financials let me tell you at the next meeting, you will start the budget process. The budget which is fairly simple as you can see on page 2 in the general fund is what we will be going over, any changes to the budget will be considered, and any expansion to the budget will be considered. We will have two 8 '1 18 :i ci.~ February 13, 2006 Cedar Hammock CDD public hearings where this will be opened to anybody who wishes to come and all residents are welcomed to come, invited to come. We will notice it in a special way because it is for the public to voice their opinions on the budget and at the end of the summer we will adopt the budget for next year. By the way, the Board is expected to have comments and questions and do what they think is best for the community during the budget process. The Board members are the ones who are in charge; the manager will bring to you basically a budget which encompasses everything we have heard the Board ask for in prior years or is in line with last year's expenditures. Mr. Rellinger asked are there any questions on the documents before you? Are there any questions as to the levy for 2006? There being no questions or comments, the next item followed. SIXTH ORDER OF BUSINESS Supervisors Request and Audience Comments Mr. Rellinger asked are there any comments from the audience as to questions of the CDD Board? Are there comments from the Board as to procedural or contents contained within? Mr. Petty stated I have one item to bring up which I neglected when we looked at the Oath of Office of Supervisor Lyons. Mr. Stanley had been Assistant Secretary as we make everybody besides the Chairman and Vice Chairman typically we ask them to sit as Assistant Secretary so they can sign documents for the District, it would be appropriate to consider Supervisor Lyons as an Assistant Secretary and we will do it through motion. On MOTION by Mr. Reynolds seconded by Ms. Lessard with all in favor Supervisor Lyons was elected as Assistant Secretary. SEVENTH ORDER OF BUSINESS There being no further business. Adjournment On MOTION by Mr. Shaw seconded by Mr. Reynolds with all in favor the meeting was adjourned. 9 l61 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 1 B 2 . Monday February 13, 2006 II :00 a.m. Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida 1. Roll Call 2. Organizational Matters A. Appointment of Supervisor to fill the Unexpired Term of Office (1112006) B. Oath of Office of Newly Appointed Supervisor 3. Approval of the Minutes of the October 10, 2005 Meeting 4. Consideration of Engagement Letter with Berger, Toombs, Elam, Gaines & Frank for Fiscal Year 2005 5. Staff Reports A. Attorney B. Engineer C. Manager - Financials for September and December 6. Supervisors Request and Audience Comments 7. Adjoumment NOTI~ ?tWU&NG D::&~~2'~;ICT The ~ell'u'a~ meeting of the Board of sup-ervl- so~s of the Ceda~ Ha"\- mock Com ur1ty ~nV&~ ~~m'~, /I~,' ~1ibru-, ai'Y 13 %1, ' l~:ooa.m. at the e,d'a~ Htmmock Cli.lbh,OUS"'~66,iCl cedad~ Hammock oulevar. ,Naples,F.Iw- d~ 3411?, The ,mlletlAo, I,' 0 n, bOe the public, , nit conducted, ord- ancewl' ,0 d- slon5 of' Commu ",en,t i11~etl,', ~t:ce tne} ~f'fO be obta nEid f~om Sev- ern T"ent se, rylces., 210 N. University Drive. suIte 8OQ1.' Conl.l sp~lngs, Flo~lda~9u71. The~e may, be occa- sions wilen one or more ~~~1;,~oi:le, ~~~g:,rt,I~i th, aJ)QYi, l~a,t,lon tt1eakre will be' pres~t a s~ - ~\telePhonelJO th~illW Il1t\!~es~ed:,~i rson} ,fan ,attend~1h~,fueetllllll, adt the abblie 10catrQ~:~ be fully Info~med IIJ, me dli;cu$!;1 ons ta,~lng place eJ~!:I !lt~B\>!'1u 01~' by tel.pholle <.'ofi\in n- , cation.' I I ' 'Any persQn, re"tJu ,1', nil sPllehSI aeeommo,da- tron's' at thl$ mel!,tllig beeaus,!! of a dlsllbll1ty or physical Im:p'alrment , ShOUld,' ~ ,onta, et th, ,e Dis. trlct Office at (9.$) 753-, 03$0 \It least five eal- * :,e, a,t roS,'~: : ~ :I:b:" ,,',::',\ eldes to appe!ll 'V;, e- AD SPACE: 80. 000 INCH~~W'w'll~dr~ ".,e FILED ON' 02/06/06 any,ml1t.t-eJ eo . i at the meetlno - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -,ed thatpe1'$on Signature of Affiant ~ - A ,~~~~ ~~~ l'ythe, pell.oJt , ,. . Sworn to and Subscribed before me this ~ c.d. day of ~~ 20.Q."t?~Jh~t~;:p~~: ~ f) te.stlmony Personally known by me J~ 00 '" ^. · ff (:1 ~~7 ;:,~rr.'<ll John Petty ,,;Mjl,naQer N" 0.1~,O,1, ill~, l"el1.6 . ~ Naples Daily News Naples, FL 34102 161 r~ Affidavit of Publication Naples Daily News --------------------------------------------------+---------------------. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 056685 59171042 NOTICE OF MEETINGCED State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Co~orate Secretary of the Naples Daily News, a da1ly newspaper published at Naples, in Collier Count~, Florida: that the attached copy of advertis1ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said news~aper has heretofore been continuously pub11~hed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/06 02/06 "'''''' Harriett BushonC) ~ " ~~!~~. f~1~~ MY COMMISSION # 002346BI EXPIRE. : ..~, :.< July 24, 2007 . Ne ;':~:;..~?:"~"o NDED THRlJ TROY fAIN INS\)R~NCf; I ";f:)fl)~/!"" !30 (pi ~d 0<<7 I }Jr u u-t rn A t' /LI ~.~ . .'. I ~6 \. 1 ~ B ~ Frank J Vaselewski 3825 Wax Myrtle Run Naples, Florida 34112 Phone (239) 455-7209 Florida Resident \ Education: 1970 BS Accounting, Murray State University 1978 Graduate Degree in Banking, Brown University Work Experience: 1970 tol972 Peat, Marwick, Mitchell Certified Public Accounts: Audited Banks and several public and non-public companies, worked on Federal and State Corporate Income Tax Returns. 1972 to 1999 Albank Financial Corporation: Held various positions during a twenty seven year career, including Auditor, Treasurer and Sr. Vice President, as well as President of the Bank's Brokerage and Insurance Companies. As Sr. Vice President of Retail Banking, I was responsible for overseeing the operation of the Bank's branch network in New York, Massachusetts and Vermont, along with the Bank's Marketing, Bank Card and Checking Departments encompassing over 800 employees. As President of the banks subsidiary companies I oversaw the sale of investment products along with the backroom settlement operations. 1972 to 1990 Operated my own Part-time Income Tax preparation Business serving 300 Clients. Note: Was a member of Cedar Hammock Villa I Board of Directors for three years. 161 1m NEW SUPERVISOR INFORMATION SHEET PLEASE RETURN COMPLETED FORM TO RECORDING SECRETARY: Severn Trent Management Services 210 N. University Drive · Suite 800 · Coral Springs, Florida 33071 CDD: Lec#/( J47///V~Jc):: NAME: <... '7 / l\--/)~M /) /' LY t) n S I ADDRESS: ",_-/~7 Co/21/<J55 /)~,ples) 7 J 0&(( J&2- COUNTY OFRESIDENCE[?t>/;/~F PHONE: 4.5Q -' .f.j~- 9971 FAX: CELL: dfl - ?r;~ 9'~CJI EMAIL ADDRESS: 5/70~/</o j)'S (!J C'~. · Co/)') / Oath of Office 161 1 'J'" t, . '.,;:." ".J' B ~r.,,,,. 5'-'1f LVawj I, , a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Cedar Hammock Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Cedar Hammock Community Development District, Collier County, Florida. p~~.s;;;a~~ , J.. J/.J-~? " , Date Sworn to (or affirmed) before me this / t3 t:;l day of '-lLL- . , 2006 by whose signature appears hereinabove. ."fii.~:'}""',~ JANICE R. CHILES f.r ~..\ MY COMMISSION #,00 295678 ~. ''1/ EXPIRES: March 5, 2008 Bonaod 1'hru Notery ~Io UnatlWtfltrt 'J/ f(, , U~~ ~1JUI'r!r? N. {!11/! .as' Print Name My Commission expires ,3 / ?13~ ~ ~ Personally known ~produced identification Type of identification ~ w. Dexter Bender & Associates, I.c~:, II . J;\ U Environmental & Marine Consultants ;, J dexbende~dexbende~com 1 B 2 2052 Virginia A venue Fort Myers, Florida 33901 (239) 334-3680 Phone (239) 334-8714 Fax 20101 Peachland Blvd., #207 Port Charlotte, Florida 33954 (941) 255-1462 Phone (941) 625-4532 Fax February 6, 2006 RE: CEDAR HAMMOCK SFWMD Permit #11-01683-P COE Permit # 199801232 (IP-MN) Ms. Bonnie McLaughlin South Florida Water Management District First Union Center 2301 McGregor Boulevard Fort Myers, FL. 33901 Dear Ms. McLaughlin: As required per permit Special Condition #18 (SFWMD) please find enclosed the Fourth Annual Monitoring Report. Data collection for the "Bathy" Parcel, which is solely a requirement ofthe COE permit, has been delayed due to access issues. If you have any questions or need any additional information, please give me a call at (239) 334- 3680. aniel Underhill Ecologist cc: Mr. Ronnie Searcy, U.S. Home File Enclosure W:\home-38m\4th annual.05\LOT HOME-38M 06.wpd Serving Florida Since 1976 16/ 181/2 2 ~ ! I. INTRODUCTION A. Project Objective Cedar Hammock is a residential and golf course community development located in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The site development consisted of impacting 223.6 acres of U.S. Army Corps of Engineers (USACOE) & 203.3 acres of South Florida Water Management District (SFWMD) wetlands while preserving and enhancing 94.8 acres of wetlands and 40.7 acres of pine flatwood uplands and a 1.6 acre oak hammock will be preserved as upland compensation. Two off site areas have also been enhanced and preserved for the project. The first is a 320-acre tract located approximately 1.5 miles east of the Cedar Hammock project, and within the proposed Belle Meade reserve/preserve. This site consists of 294 acres of cypress and slash pine wetlands and 26 acres of slash pine uplands. The second site is a 577-acre parcel consisting of previously impounded mangrove and saltwater marsh within the Rookery Bay Preserve known as the "Bathey Parcel". The Bathey Parcel mitigation is a requirement ofthe USACOE permit only. The mitigation activities have been designed to restore wildlife utilization and enhance water quality utilizing methodologies as described in the Cedar Hammock Mitigation Plan (dated 5/99) within the referenced permits. 1. On-site Mitigation a. Wetland Enhancement The Mitigation Plan requires the establishment of a 94.8 acre pine-cypress and cypress wetland flow-way system that connects to the existing Naples Heritage wetland preserve and flow way system to the west and south of the Cedar Hammock site. By providing a flow-way, wetland hydrology in the preserve has been enhanced. That includes control structures that are incorporated into the storm water management system. 1. Hydrologic enhancement - All storm water structures are in place as permitted. Storm water discharge from the developed Cedar Hammock project and the adjacent undeveloped areas are pretreated and directed to the wetland flow way. The preservation and improvement of this historic flow pattern will provide a regional benefit by helping to maintain water levels in the on-site wetland system and improving hydrology in the regional wetland system which extends to the south. Directing runoff on-site and releasing the runoff though a weir structure allows the bleed down time to be extended thereby improving the hydrology by extending the hydroperiod. 2. Exotic removal - All exotic vegetation has been removed from the Conservation Area. Areas previously dominated by exotics with very few native species '~~ ~. il 18 2 3 present, were mechanically removed and treated. Areas interspersed with native vegetation were cleared of exotic and nuisance vegetation by chain saw or machete and treated with a stump specific herbicide suitable for aquatic application. Large trees were girdled and killed in place. The 3" d.b.h. and smaller trees were handled by one or more of the following methods: 1) cut into 4' - 6' sections and stacked on the ground with alternating layers of trees at right angles to each other (Log Cabin) stacked no higher than 4' high. 2) Cut and thrown into piles (tee-pee style) with piles spaced a minimum of 100' centers. 3) Where density was less than 30% the exotics were cut and diced into 2' - 4' sections. 3. Replanting - After the removal and/or treatment of exotics, bare areas were replanted. Additional pines were installed in the open areas of the wet flatwoods and a mixture of pines and cypress were installed within the open areas of the pine/cypress habitat of the Conservation Area. Plant material consisted of 3 gallonl4'-6' minimum trees placed on 20' centers. At least 50% of the planted tree species were 6' -8' in height - minimum. Open areas were defined as areas with a tree density less than 110 trees per acre. Groundcover vegetation is expected to naturally recruit into this enhanced wetland. However, ifno natural recruitment of natural wetland vegetation is observed after two growing seasons, herbaceous vegetation will be installed on an average density of one plant per 10' on center. b. Upland Enhancement The Mitigation Plan requires that the permittee enhance and preserve 40.7 acres of pine flatwood uplands and 1.6 acres of oak hammock on the site. These uplands are contiguous to the flow way system as well as the adjacent Naples Heritage Preserve Areas. Moreover, nearly all of the developments adjacent to the upland/wetland preserve, consist of golf course fairways, thereby minimizing secondary impacts to wetland and wildlife functions. The preserved uplands, contain several inactive Red Cockaded Woodpeckers (RCW) nesting cavity trees and will serve as RCW nesting and foraging habitat as do the preserved wetlands. The preservation of these uplands provides contiguous RCW habitat from Davis Boulevard to the Naples Heritage preserve area to the west and south. Enhancement consisted of the removal of exotic and nuisance vegetation and the maintenance of the pine flatwoods uplands as suitable RCW habitat through prescribed burning and/or hand clearing of selected understory and midstory vegetation utilizing approved Florida Game and Freshwater Fish Commission guidelines. Exotic removal and the replanting effort were as follows: 'j f, .J 1 8 .~ ~ 4 1. Exotic Removal All exotics have been removed from the Conservation Area. Areas dominated with exotics and with very few native species present, had exotics mechanically removed and cut stumps treated. Areas interspersed with native vegetation had exotics removed by chain saw or machete and treated with a stump specific herbicide suitable for aquatic application. Large trees were girdled and killed in place. The 3" d.b.h. and smaller trees were handled by one or more of the following methods: 1) cut into 4' - 6' sections and stacked on the ground with alternating layers of trees at right angles to each other (Log Cabin) stacked no higher than 4' high. 2) Cut and thrown into piles (tee-pee style) with piles spaced a minimum of 100' centers. 3) Where density is less than 30% the exotics were cut and diced into 2' - 4' sections. 2. Replanting After the removal and/or treatment of exotics, additional pines were installed in the open areas of the upland flatwoods. Plant material consists of 3 gallonl4'-6' minimum placed on 20' centers. At least 50% of the planted tree species were 6' -8' in height - minimum. Open areas were defined as areas with a tree density less than 110 trees per acre. Oroundcover vegetation is expected to naturally recruit into this enhanced wetland. However, if no natural recruitment of natural wetland vegetation is observed after two growing seasons, herbaceous vegetation will be installed on an average density of one plant per 10' on center. A Conservation Easement was recorded and placed over the entire 135:1:: acre Conservation Area on October 26, 1999. 2. Belle Meade Offsite 320 Parcel - The 320:1:: acre parcel is dominated by pine-cypress wetlands and cypress wetlands with isolated "islands" of pine flatwoods uplands also present. There were small but significant amounts ofmelaleuca (Melaleuca quinquenervia) located in the hydric pine flatwoods (FLUCCS 411H) and cypress-pine wetlands (FLUCCS 624) on the parcel. Interstate 75 borders it to the north and Benfield Drive is approximately 660' to the west Within fl:1is 320-acre parcel, 52.9 acres are slash pine uplands and wetlands that are potential Red Cockaded Woodpecker (RCW) nesting and foraging habitat. Additionally, there are 240.4 acres within the parcel that are cypress/slash pine (FLUCCS 624) wetlands that are potential RCW foraging habitat. There are at least two (2) documented RCW colonies located to the north and south of the project The site has been enhanced hydrologically by filling ruts and depressions created by off road vehicles to natural grade. A Conservation Easement was recorded and placed over the entire Belle Meade 320-parcel on October 26, 1999. 161 "/ 1 B,~~ ~ 5 " , The entire 320-acre parcel will be donated to the Board of Trustees of the Internal Improvement Trust Fund for the benefit ofDACS/DOF under lease agreement #3927 to the Division of Forestry and will be managed in perpetuity consistent with this management plan. The DOF will be named as the grantor and maintenance authority. The Management Plan will become an exhibit in the Conservation Easement. Any changes to the Management Plan proposed by the Division of Forestry will be approved by the U.S. Army Corps of Engineers and US Fish and Wildlife Service. Management techniques will help provide for the continued on-site existence of suitable forage and nesting habitat for red-cockaded woodpeckers and foraging habitat for the wood stork. The main focus of the proposed management techniques is to minimize growth of midstory vegetation (hardwoods and shrubs) and to eliminate and control exotic regrowth within the parcel for benefit of listed species and wetlands. ;- t 3. Bathey Parcel Offsite 577-Acre Parcel- In addition to the 320-acre Belle Meade off-site mitigation proposal, hydrologic enhancement and exotic removal was conducted within the Rookery Bay Reserve, "Bathey" parcel which consists of 577 ::l:: acres of previously impounded mangrove and saltwater marsh. The property is located in the same watershed basin as Cedar Hammock, in Sections 5 & 6, Township 51S, Range 26E, Collier County, Florida. Enhancement to this area consisted of removing filled roads and backfilling the associated ditches that impounded the property. Road removal was performed where feasible and in coordination with the Rookery Bay staff. Exotic and nuisance plants were controlled within the upland transition zones, as well as along the perimeter road. Exotic and nuisance vegetation along the roadway/berm was mechanically removed and/or pushed into the ditch to be backfilled. Exotics consist of Brazilian pepper (Schinus terebinthifolius), ear leaf acacia (Acacia auriculiformis), old-world climbing fern (Lyonia spp.), Australian pine (Casuarina spp.) and melaleuca (Melaleuca quinquenervia). The goal of this mitigation activity consists of the following: 1) Restore previously existing wetlands through perimeter and internal road removal and backfilling of the adjacent borrow ditch, 2) Exotic removal and, 3) Enhancement ofthe hydrologic characteristics of the entire 577 :I:: acre parcel. The removed roads acted as dikes which prevented the natural sheet flow and tidal change of water to Sandhill Creek and Rookery Bay. The resulting impoundment of water had resulted in a "ponding"effect altering the natural hydrology of the site. The attached color photographs indicate an improvement. The roads were blocking normal export of particulate and dissolved organic matter and therefore not reaching the estuary. Removing the perimeter road and placing 3 to 4, 100' GEOWEB breaks in the FPL easement! fill roads additionally will restore historic sheet flow and tidal influences. These GEOWEB breaks along the FPL easement have not been completed due to the pending Surface Use Agreement between the Florida Department of Environmental Protection (FDEP) & Florida Power & Light Company (FPL). B. The USACOE permit was issued on May 21, 1999. The SFWMD Environmental Resource Permit was issued on May 13, 1999. A modification to the mitigation planting and 161 ~ " _ i ~ 1 B:'~12 6 monitoring schedule to change the monitoring dates was included in the COE modification letter dated 1/11/00 and the letter modification from the SFWMD dated 2/14/00. A second letter modification sent to the SFWMD and COE dated 9/21/04 altered the schedule as indicated below. , , Report Date Due Planting Mitigation Area Baseline Monitoring Report Time Zero Monitoring Report First Monitoring Report Second Monitoring Report Third Monitoring Report Fourth Monitoring Report Fifth Monitoring Report/Site Inspection August 30, 2000 January 30, 2000 September 30, 2000 September 30, 2001 September 30, 2002 September 30, 2004 September 30, 2005 September 30, 2006 II MAINTENANCE A. On-site Mitigation Area Date Completed July 30, 2000 February 9,2000 October 9, 2000 October 2001 July 2003 (postponed) October 2004 February 2006 The maintenance program includes semiannual eradication of all exotic species for the first two years within the Conservation Area and nuisance species will consist of no more than 5% of the total vegetative cover. Maintenance will continue annually for years 3 - 5. An 80% survival rate for all planted material is required: All Conservation Areas are free of exotics after the initial treatment and will be maintained in perpetuity to ensure that exotic vegetation (Brazilian pepper, Melaleuca, Australian pine, Climbing fern, Primrose willow, Wild taro, etc.) and other nuisance species constitute no more than 5% of the total vegetative coverage. The wetlands will be maintained free of exotic species by means of the following best management practices: Physical removal of entire plant, including roots. Stem removal followed by herbicide treatment of stumps. Deadening in place by treatment of stems with an appropriate herbicide. B. Belle Meade Offsite 320 Acre Parcel 1. Exotic/Nuisance vegetation (primarily melaleuca) on the entire parcel was treated/removed by "hack and squirt" methodology. The applicant was responsible for the initial treatment and one (1) follow up treatment. The Division of Forestry (DOF) has agreed to assume maintenance responsibility thereafter. 2. The midstory vegetation will be managed at an optimum height by either a controlled 161 1B 2 7 ., , burn or selective hand clearing. An initial controlled burn will be conducted if possible (considering smoke management criteria and weather conditions) by certified DOF personnel, who have been informed of the sensitivity of the site. Pine mortality will be minimized as much as possible. Fire line plowing will not be done within fifty feet of a RCW cavity tree. Cavity trees will be protected with foam and burning out only. Cavity trees will have a white band painted around the trunk 4V2 feet above the ground. 3. After the initial bum, or if a burn is not possible, selective hand clearing techniques will be employed. Midstory vegetation maintenance will occur every three (3) years or as needed in colony sites within suitable RCW habitat. 4. Artificial RCW cavities will be contributed to DOF. The number and location of these artificial cavities will be subject to the approval ofDOF Forest Ecologist Dennis Hardin, with input from the USFWS and the Florida Game and Freshwater Fish Commission. c. Bathey Parcel Offsite 577 Acre Parcel 1. Roads were excavated to an adjacent grade. Backfilling of the ditches were accomplished by pushing road fill and compacting to obtain the same approximate adjacent grade allowing natural freshwater run off and tidal influence. Natural recruitment of desired wetland vegetation is expected. 2. Most of the exotics occurred along the road removal areas. However, within the upland transition zones scattered species of exotics were present. The exotics were killed and will be maintained for five (5) years. Melaleuca were dropped, chopped and treated. All other exotics were killed-in-place. 3. The DEP Rookery Bay will prescribe burn the property following exotic removal and as conditions dictate. DEP will coordinate with Division of Forestry as to the proper timing of the burn. III. MONITORING METHODOLOGY The data represented in this report was collected during December 2005 for the off site 320 acre mitigation area and for the onsite area. Data collection was done according to the monitoring methodologies as described in the Cedar Hammock Mitigation and Monitoring Plan (Attachment "A") dated May 19, 1999. A. On-site Mitigation Area 1. Sampling Transects - A total of 8, 20' x 500' sampling transects have been established at various locations and vegetation associations within the preserve. A random 20' x50' sample plot is selected from along each transect from which data including the number , , 18 8 . , and species of trees present, percent ground cover, species composition, and current water levels are recorded. The presence of exotic or nuisance vegetation is included in this data as well and is in the Data section of the report. In those areas where markers denoting the exact location of transects and sample plots have been last, locations have been reestablished as closely as possible to the original location. 2. Water Levels - Staff gauges were placed at 4 locations within the preserve area to record water elevations. Water levels will be recorded bi-weekly during the rainy season and monthly during the dry season. The locations of these staff gauges, labeled A - D, are shown on the attached Monitoring Plan Map. 3. Wildlife Observations - Quantitative wildlife utilization observations within the preserve area are listed in the Wildlife section of the report. 4. Photo Stations - A total of 18 panoramic photo stations have been set up at various locations throughout the preserve areas. The location of each photo station is shown on the attached Monitoring Plan Map. In addition, photos were collected from each sample transect. B. Belle Meade Offsite 320 Acre Mitigation Area 1. Sample Transects - A total of 4, 20' x 500' sampling transects have been established within the 320-acre site. A random 20' x 50' sample plot is selected from each transect from which data including the number and species of trees present, percent ground cover, ,and species composition are collected. We have also recorded current water levels. This , dMa can be found in the Sample Transect Data section of the report. 2. Wildli(e~Observations - Quantitative wildlife utilization observations within the 320-acre site are listed in the Wildlife section of the report. 3. Photo Stations - A total of 10 panoramic photo stations were established within various habitat types to record existing site conditions during the Baseline Monitoring event. The locations of these photo stations are shown on the attached Cedar Hammock Offsite Mitigation 320 Acre Parcel Map. c. 577 Acre "Bathey Parcel" Rookery Bay Preserve 1. Photo Stations - A total of 14 panoramic photo stations have been installed at various locations within the tract to record exis~ng conditions during the Baseline Monitoring event. The location of these photo stations is shown in the Cedar Hammock Off-Site Mitigation Plan at Rookery Bay Map. In addition, a color aerial photo will be taken each year and submitted with each monitoring report. 16\ .....','; 2 9 2. Sample Transects - Two 20' X 500' transects have been established within the 577 acre site. One is located in a spoil area previously infested with Brazilian pepper and the other is in pine flatwoods which had some scattered exotic vegetation infestation. A random 20' x 50' sample plot is selected from along the transect from which data including the number and species of trees present, percent groundcover and species composition are collected, including exotic and nuisance vegetation. This data can be found in the Sample Transect Data section of the report. 3. Water Levels- Staff gauges have been placed in locations on opposite sides of the road within the mitigation site. Current water levels will be recorded prior to road removal and during each monitoring survey after road removal. 4. Salinity Levels -Salinity within the mitigation site will be monitored by refractometer and during each monitoring event. We have attached the results of the data collection. 5. Wildlife Observations - Wildlife Observations within the monitoring area will be recorded during each monitoring event and can be found in the Wildlife section of the report. ., r? rJ/.., " '1-""2 10 , I IV MONITORING DATA A. ON-SITE MITIGATION AREA (S = stressed, H = healthy, D = dead). Transect #1 'Of TREE SPECIES Base Time 1st 2nd 3,d 4111 5111 line Zero Annual Annual Annual Annual Annual Plot C Plot C # PRESENT/CONDITION melaleuca (Melaleuca quinquenervia) lIS - - - - - slash pine (Pinus elliottii var. densa) IH IH IH IH IH IH TOTAL 1 1 1 1 1 1 Water level 0" 0" 1" 0" 0" 0" " . A. ON-SITE MITIGATION AREA TRANSECT #1 Ground Cover 61 :1 fi 11 Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotC PlotC wire grass (Aristida stricta) 5 5 10 15 15 40 fuirena (Fuirena spp.) 5 5 5 5 - - blue maidencane (Amphicarpum muhlenbergianum ) - - - - 20 20 false buttonweed (Spermococe sp.) - - - - 5 5 fennel (Eupatorium capillifolium) - - - - 5 - virginia creeper (Parthenocissus quinquefolia) - - - - 2 - melaleuca (Melaleuca quinquenervia ) - - - - <1 - slash pine (Pinus elliottii) - - - - - 1 cabbage palm (Sabal palmetto) - - - - - 1 myrsine (Rapanea punctata ) - - - - - 1 greenbrier (Smilax sp.) - - - - - 2 grapevine (Vilis sp.) - - - - 2 10 holly (Ilex cassine) - - - - - 1 fox tail (Setaria sp.) - - - - - 1 spikerush (Eleocharis spp.) 5 5 10 10 - - TOTAL 15 15 25 30 49 82 TRANSECT # 1 100 u.:l 80 Cl ;Z 60 ~ 40 u ?f. 20 o Baseline Plot C Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot C REPORTS . wiregrass (Aristida stricta) o spikerush (Eleocharis spp.) . blue maidencane (Amphicarpum muhlenbergianum) . fennel (Eupatorium capilIifolium) . melaleuca (Melaleuca quinquenervia) o slash pine (Pinus elliottii) . myrsine (Rapanea punctata) . holly (Hex cassine) . fuirena (Fuirena spp.) m TOTAL . false buttonweed (Spermococe sp.) . virginia creeper (Parthenocissus quinquefolia) . grapevine (Vitis sp.) . cabbage palm (Sabal palmetto) . greenbrier (Smilax sp.) . fox tail (Setaria sp.) '1 , 161 18 12 . , Transect #2 , I TREE SPECIES Base Time 1'1 2nd 3rd 4th 5th line Zero Annual Annual Annual Annual Annual Plot D Plot C # PRESENT/CONDITION melaleuca (Melaleuca 20H - - - - - quinquenervia) slash pine (Pinus elliottii var. densa) - 4H 4 4H 4H 4H TOTAL 20 4 4 4 4 4 Water level 0" .10" 1" 0" 1" 2" - ! . , ..., -'\1 i\ " -~ ; ON-SITE MITIGATION AREA TRANSECT #2 Ground Cover 13 , I Baseline Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotD PlotC rush fuirena (Fuirena scirpoidea Michx.) - 5 20 20 20 30 blue maidencane (Amphicarpum muh/enberJ.!ianum) - - - - 10 20 saw~rass (Cladiumjamaicense) - - - - - 3 wax myrtle (Mryica cerifera) - - - - - 2 mermaid weed (Proserpinaca pa/ustris ) - - - - - 5 corkwood (Stillingia aquatica ) - - - - - 1 flat-top goldenrod (Euthamia minor) - - - - - 1 coinwort (Cente//a asiatica) - - - - - 1 false buttonweed (Spermococe sp.) - - - - 2 - TOTAL 0 5 20 20 32 63 TRANSECT # 2 ~ 100 ~ 80 ~ 60 ;> 40 o 20 u 'eft. 0 Baseline Plot D Time Zero Plot C 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual REPORTS . blue maidencane (Amphicarpum muhlenbergianum) . TOTAL o false buttonweed (Spermococe so.) II rush fuirena (Fuirena sci!'Poidea Michx.) . sawgrass (Cladium jamaicense) . wax myrtle (Mrx!ca cerifera) . mermaid weed .V.lroserpinaca falustris) . corkwood (Stillmgia aquatica . flat-top goldenroQ (Euthamia minor) . coinwort (Centella asiatica) - , EJ~2 . ~ ~ 14 , I Transect #3 TREE SPECIES Base Time 1st 2nd 3rd 4th 5th line Zero Annual Annual Annual Annual Annual Plot A Plot A # PRESENT/CONDITION melaleuca (Melaleuca quinquenervia) 4S - - - - - slash pine (Pinus elliottii var. densa) 2H 6H 6H 6H 6H 5H TOTAL 2 6 6 6 6 5 Water level 0" 0" 1" 0.5" Sat. 0" " , ON-SITE MITIGATION AREA TRANSECT #3 Ground Cover 161 1 B 2 15 ~ ~ Baseline Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A Plot A broom-sedge (Andropogon virginicus) 5 - 5 10 20 2 slender spikerush (Eleocharis vivipara) 5 5 5 5 - - rush fuirena (Fuirena scirpoidea Michx.) 5 5 5 5 5 10 false buttonweed (Spermococe sp.) - - - - 10 10 melaleuca (Melaleuca quinquenervia ) - - - - <1 - maidencane (Panicum hemitomon) - 20 30 30 30 2 fox grape (Vitis spp.) - 5 5 10 5 1 little blue maidencane (Amphicarpum muhlenbergianum ) - - - - - 25 yellow-eyed grass (Xyris sp.) - - - - - 10 swamp fern (Blechnum serrulatum) - - - - - 1 wax myrtle (Myrica cerifera) - - - - - 5 flat-top goldenrod (Euthamia minor) - - - - - 5 greenbrier (Smilax sp.) - - - - - 1 hempvine (Mikania scandens ) - - - - - <1 TOTAL 15 35 50 60 70 72 TRANSECT # 3 ~ o ~ >= o u ~ 100 80 60 40 20 o Baseline Plot A Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot A REPORTS . melaleuca (Melaleuca quinquenervia) o rush fuirena (Fuirena scirpoidea Michx.) . fox grape (Vitis spp.) . false buttonweed (Spermococe sp.) . yellow-eyed grass (Xyris sp.) o wax myrtle (Myrica cerifera) . greenbrier (Smilax sp.) . slender spikerush (Eleocharis vivipara) I!J maidencane (Panicum hemitomon) . TOTAL . little blue maidencane (Amphicarpum muhlenbergianum) . swamp fern (Blechnum serrulatum) . flat-top goldenrod (Euthamia minor) . hempvine (Mikania scandens) 161 '1 ~ ~ " ~L, ".~ ~;~' , , 16 o 1 Transect #4 TREE SPECIES Base Time ." 2nd 3rd 4lh 5lh line Zero Annual Annual Annual Annual Annual Plot A Plot C # PRESENT/CONDITION cypress (Taxodium distichum) 6H 40H 37H 37H 37H 37H slash pine (Pinus elliottii var. densa) 2H 30H 31 H 30H 30H 29H TOTAL 8 70 68 67 67 66 Water level 2" 0" 4" 0" 2" 2" . ! ..:'~ 6. J t 182 ON-SITE MITIGATION AREA TRANSECT #4 Ground Cover 17 '! .,. Baseline Time Zero ]st Annua] 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A PlotC rush fuirena (Fuirena scirpoidea Michx.) 5 10 5 - - swamp fern (Blechnum serrulatum ) - - - - - I holly (llex cassine ) - - - - - 1 wax myrtle (Myrica cerifera ) - - - - - 2 saw palmetto (Serenoa repens) 70 70 70 70 70 TOTAL 5 70 80 75 70 74 '" ! - , TRANSECT # 4 ~ o 100 I ~ 80 ~ 60 > 40 o 20 u 0 -...... ?ft. ~ ] 1] ~ ~ I f I I I Baseline Plot A Time Zero 1 st Annual Plot C 2nd Annual REPORTS 3rd Annual 4th Annual 5th Annual . rush fuirena (Fuirena scirpoidea Michx.) o TOTAL . ho lly (Ilex cassine) . saw palmetto (Serenoa repens) fI swamp fern (Blechnum serrulatum) . wax myrtle (Myrica cerifera) , , 1, 6 , 1 n ., ~.) c~ 18 , I Transect #5 TREE SPECIES Base Time 1st 2nd 3'd 4th 5th line Zero Annual Annual Annual Annual Annual Plot B Plot B # PRESENT/CONDITION slash pine (Pinus elliottii var. densa) 3H 3H 3H 3H 3H 4H cypress (Taxodium distichum) IH IH IH IH IH 2H melaleuca (Melaleuca quinquenervia) ID - - - - - TOTAL 4 4 4 4 4 4 Water level 0" 2" 3" 0" 0" 2" ; .. , I , , . f ~ ! :'.fi; 2 ON-SITE MITIGATION AREA TRANSECT #5 Ground Cover 19 Baseline Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotB PlotB melaleuca (Melaleuca qUinquenervia) 75 D - - - - - rush fuirena (Fuirena scirpoidea Michx.) 5 5 5 15 5 10 corkwood (Stillingia aquatica ) - - - - 2 1 swamp fern (Blechnum serrulatum ) - - - - 5 25 saltbush (Baccharis sp.) - - - - 5 - duck potato (Sagittaria lancifolia) - - - - 2 I maidencane (Panicum hemitomon) - - - - 15 - coinwort (Centella asiatica) - - - - 5 5 wax myrtle (Myrica cerifera) - - - - - 15 chain fern (Woodwardia virginica) - - - - - 3 needlerush (Juncus sp.) - - - - - 4 mermaid weed (Proserpinaca palustris ) - - - - - 1 slender spikerush (Eleocharis vivipara) 5 - 10 15 - - TOTAL 10 5 15 30 39 65 TRANSECT # 5 ~ o ~ ~ > o u ~ 100 80 60 40 - 20 o Baseline Plot B Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot B REPORTS . melaleuca (Melaleuca quinquenervia) o slender spikerush (Eleocharis vivipara) . corkwood (Stillingia aquatica) . saltbush (Baccharis sp.) . maidencane (Panicum hemitomon) o wax myrtle (Myrica cerifera) . needlerush (Juncus sp.) . rush fuirena (Fuirena scirpoidea Michx.) II TOTAL . swamp fern (Blechnum serrulatum) . duck potato (Sagittaria lancifolia) . coinwort (Centella asiatica) . chain fern (Woodwardia virginica) . mermaid weed (Proserpinaca palustris) . f . 1 1 9"':.:> 20 '5'"" .~ ~ , Transect #6 ~ . TREE SPECIES Base Time }st 2nd 3'd 4th 5th line Zero Annual Annual Annual Annual Annual Plot F PlotB # PRESENT/CONDITION melaleuca (Melaleuca quinquenervia) 12H - - - - - slash pine (Pinus elliottii var. densa) IH 3H 3H 4H 4H 4H cypress (Taxodium distichum) 5H 7H 7H 7H 7H 7H TOTAL 18 10 10 11 11H llH Water level 2" 3" 5" 1" 3" 2" ,~ , " , . , ~ ; - 1 -~ t . I ~ l "'; ,~ O};. j 4 18 2 21 ON-SITE MITIGATION AREA TRANSECT #6 Ground Cover Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotF PiotR melaleuca (Melaleuca C1uinC1uenervia) 45 - - - - - blue maidencan (Amphicarpum muhlenbergianum) - - - - 15 20 broomsedge (Andropogon glomeratus ) - - - - 10 15 hempvine (Mikania scandens ) - - - - 10 <1 red ludwigia (Ludwigia repens) - - - - 20 20 slender spikerush (Eleocharis vivipara) 10 10 10 20 - 1 swamp fern (Blechnum serrulatum ) - - - - - 5 maidencane (Panicum hemitomon) - - - - - 1 false nettle (Boehmeria cylindrica ) - - - - - 3 wax myrtle (Myrica cerifera) - - - - - 1 fuirena (fuirena reirpolia) - - 5 5 - - TOTAL 55 10 15 25 55 66 TRANSECT # 6 ~ 100 Cl 80 ;2 60 ~ 40 o u 20 '$. 0 Baseline Plot F Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot B REPORTS . melaleuca (Melaleuca quinquenervia) o TOTAL . broomsedge (Andropogon glomeratus) . red ludwigia (Ludwigia repens) . maidencane (Panicum hemitomon) o wax myrtle (Myrica cerifera) . slender spikerush (Eleocharis vivipara) I!I blue maidencan (Amphicarpum muhlenbergianum) . hempvine (Mikania scandens) . swamp fern (Blechnum serrulatum) . false nettle (Boehmeria cylindrica) - ., >f 1 16/ 1 .~ . "." J ,c 22 Transect #7 TREE SPECIES Base Time }'I 2nd 3rd 4th 5th line Zero Annual Annual Annual Annual Annual Plot A Plot A # PRESENT/CONDITION slash pine (Pinus e/liottii var. densa) 3H 3H 3H 3H 3H 3H cypress (Taxodium distichum) 3H 7H 8H 8H 8H 8H melaleuca (Melaleuca quinquenervia) 14H - - - - - TOTAL 20 10 11 11 11 11H Water level 1" 0" 2" 0" 2" 2" - 1 , 1 ON-SITE MITIGATION AREA TRANSECT #7 Ground Cover 1 6) I 1B 2- 23 . 1 Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A Plot A melaleuca (Melaleuca quinquenervia) 30 - - - - - rush fuirena (Fuirena scirpoidea Michx.) 5 - - 10 - - saltbush (Baccharis halimifolia) - - - - 5 - hempvine (Mikania scandens) - - - - 2 - blue maidencane (Amphicarpum muhlenbergianum ) - - - - 5 10 wax myrtle (Myrica cerifera) - - - - 2 4 swamp fern (Blechnum serrulatum ) - - - - 2 5 broomsedge (Andropogon glomeratus ) - - - - 40 40 slender spikerush (Eleocharis vivipara) 5 5 5 10 - - chain fern (Woodwardia virginica) - - - - - 1 buttonweed (Diodia virginiana) - - - - - 5 spikerush (Eleocharis spp.) 5 - 5 10 - - TOTAL 45 5 10 30 56 65 TRANSECT # 7 ~ o ;2 ~ > o u "cf. 100 80 60 40 20 o Baseline Plot A Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot A . melaleuca (Melaleuca quinquenervia) o slender spikerush (Eleocharis vi vi para) . TOTAL . hempvine (Mikania scandens) . wax myrtle (Myrica cerifera) o brooms edge (Andropogon glomeratus) . buttonweed (Diodia virginiana) REPORTS . rush fuirena (Fuirena scirpoidea Michx.) Il!J spikerush (Eleocharis spp.) . saltbush (Baccharis halimifolia) . blue maidencane (Amphicarpum muhlenbergianum) . swampfem (Blechnum serrulatum) . chain fern (Woodwardia virginica) 18 ,.. l 24 Transect #8 . , TREE SPECIES Base Time I" 2nd 3rd 4th Sib line Zero Annual Annual Annual Annual Annual Plot A Plot C # PRESENT/CONDITION cypress (Taxodium distichum) 7H 5H 5H 5H 5H 5H slash pine (Pinus el/iottU var. densa) 6H 4H 4H 3H 3H 3H me1aleuca (Melaleuca quinquenervia) llH - - - - - TOTAL 24 9 7 8H 8H 8H Water level 0.5" 0" 2" 0" 0" Sat. - ! '" l 16' 1.....' B""~.. J. ~~ : ] ON-SITE MITIGATION AREA TRANSECT #8 Ground Cover 25 . , Baseline Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A PlotC melaleuca (Me/a/euca quinquenervia) 20 0 0 0 0 - slender spikerush (E/eocharis vivipara) 5 0 10 15 - 1 saw ~ass (C/adium jamaicense ) - - - - 2 5 hempvine (Mikania scandens ) - - - - 1 - swamp fern (B/echnum serru/atum) - 50 50 60 60 50 saltbush (Baccharis ha/imifo/ia ) - - - - - 1 wax myrtle (Mryica ceriftra) - - - - - 2 chain fern (Woodwardia spp.) - 10 10 10 10 10 TOTAL 25 60 70 85 73 69 TRANSECT # 8 ~ o ~ ~ o u ~ 100 80 60 40 20 o Baseline Plot A Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot C REPORTS . melaleuca (Melaleuca quinquenervia) o swamp fern (Blechnum serrulatum) . TOTAL . hempvine (Mikania scandens) . wax myrtle (Mryica cerifera) . slender spikerush (Eleocharis vivipara) II chain fern (Woodwardia spp.) . saw grass (Cladium jamaicense) . saltbush (Baccharis halimifolia) w 1 161 1.R..,,,,,;q . .... ~r' d 26 "I' r B. 320 PARCEL - OFFSITE MITIGATION AREA Transect #1 *relocated for 3rd Annual TREE SPECIES Base Time 1" 2nd 3'd. 4th 5111 line Zero Annual Annual Annual Annual Annual Plot G Plot G PlotG Plot G Plot H # PRESENT/CONDITION slash pine (Pinus el/iottii var. densa) 6H 6D IH IH 2H 2H cypress (Taxodium distichum) 4H 4H 4 4H 4H 4H TOTAL 10 4 5 5 6 6 Water level 0.5" 0" 2" 1" Sat. 0" 2 t' ! B. 320 PARCEL - OFFSITE MITIGATION AREA TRANSECT #1 Ground Cover 27 Baseline Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotG PlotG rush fuirena (Fuirena scirpoidea Michx.) 25 25 25 20 20 2 maidencane (Panicum hemitomon) 25 25 25 30 25 5 buttonweed (Diodia virginiana) - - - - 5 - buckthorn (Bumelia sp.) - - - - 2 1 melaleuca (Melaleuca quinquenervia ) - - - - - 1 little blue maidencane (Amphicarpum muhlenbergianum) - - - - - 30 false buttonweed (Spermococe sp.) - - - - - 5 yellow-eyed grass (Xyris sp.) - - - - - 5 St. John's wort (Hypericum sp.) - - - - - 1 swamp fern (Blechnum serrulatum ) - - - - - 1 spikerush (Eleocharis spp.) 5 5 5 5 - - TOTAL 55 55 55 55 52 51 TRANSECT # 1 ~ 100 o 80 ~ 60 '<f.~ ~ 40 > o 20 u 0 Baseline PlotG Time Zero 1 st Annual PlotG 2nd Annual REPORTS 3rd Annual 4th Annual 5th Annual . rush fuirena (Fuirena scirpoidea Michx.) o spikerush (Eleocharis spp.) . buttonweed (Diodia virginiana) .melaleuca (Melaleuca quinquenervia) . false buttonweed (Spermococe sp.) o St. John's wort (Hypericum sp.) . maidencane (Panicum hemitomon) II TOTAL . buckthorn (Bumelia sp.) . little blue maidencane (Amphicarpum muhlenbergianum . yellow-eyed grass (Xyris sp.) . swamp fern (Blechnum serrulatum) 'l i '... '''l kB 28 ,~ , Transect #2 . , TREE SPECIES Base Time )'1 2nd 3,d 4l1t Slit line Zero Annual Annual Annual Annual Annual Plot H Plot H Plot H Plot H Plot H # PRESENT/CONDITION cypress (Taxodium distichum) 11H 11H 11H 11H 11H 11H wax myrtle (Myrica cerifera) IH IH - - - - TOTAL 12 12 11 11 11 11 Water level I" I" 3" 0" Sat. 0" 320 PARCEL - OFF SITE MITIGATION AREA TRANSECT #2 Ground Cover 161 1 [2 29 Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotH PlotH rush fuirena (Fuirena scirpoidea Michx.) 5 5 5 5 - - lemon bacopa - blue-hyssop (Bacopa caroliniana) 5 5 5 5 - - spikerush (Eleocharis spp.) 5 5 5 10 - - blue maidencane (Amphicarpum muhlenbergianum ) - - - - 15 15 St. lohn's wort (Hypericum sp.) - - - - 2 3 swamp fern (Blechnum serrulatum) - - - - 5 5 myrsine (Rapanea punctata ) - - - - I 2 mermaid weed (Proserpinaca palustris ) - - - - 2 3 slender spikerush (Eleocharis vivipara) 5 5 5 5 - - wax myrtle (Myrica cerifera ) - - - - - 1 grapevine (Vitis sp.) - - - - - 1 chain fern (Woodwardia virginica) - - - - - 1 beakrush (Rynchospora indundata) - - - - - 1 saw grass (Cladiumjamaicense) 5 5 5 10 10 30 TOTAL 25 25 25 35 35 62 TRANSECT # 2 ~ 100 tJ 80 ;2 60 ~ 40 I 0 I u 20 . . . '#. 0 l--l --l --l ..sui A-" ..J'L , Baseline Time Zero 1 st Annual 2nd 3rd 4th 5th PlotH Plot H Annual Annual Annual Annual REPORTS . rush fuirena (Fuirena scirpoidea Michx.) . lemon bacopa - blue-hyssop (Bacopa caroliniana) o spikerush (Eleocharis spp.) I! slender spikerush (Eleocharis vivipara) . saw grass (Cladiumjamaicense) . TOTAL . blue maidencane (Amphicarpum muhlenbergianum) . St. John's wort (Hypericum sp.) . myrsine (Rapanea punctata) . mermaid weed (Proserpinaca palustris) o swamp fern (Blechnum serrulatum) . wax myrtle (Myrica cerifera) . grapevine (Vitis sp.) . chain fern (W oodwardia virginica) . beakrush (Rynchospora indundata) 161 18 '1 ~ p 30 ; 1 Transect #3 TREE SPECIES Base Time 1'\ 2nd 3rd 4th 5th line Zero Annual Annual Annual Annual Annual Plot A Plot A # PRESENT/CONDITION slash pine (Pinus elliottii var. densa) 4H 4H 4H 4H 4H 4H cypress (Taxodium distichum) 4H 4H 4H 4H 4H 4H TOTAL 8 8 8 8 8 8 Water level 0" 0" 3" 0" 0" 0" 16' .t 2~ ~ ! 320 PARCEL - OFFSITE MITIGATION AREA TRANSECT #3 Ground Cover 31 . , Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A Plot A fuirena (Fuirena scirpoidea) 10 10 10 5 10 10 slender spikerush (Eleocharis vivipara) 10 10 10 5 - - yellow-eyed grass (Xyris sp.) - - - - - 20 panic grass (Panicum sp.) - - - - - 10 false buttonweed (Spermococe sp.) - - - - - 2 bogbuttons (Lacnocaulon sp.) - - - - - 10 maidencane (Panicum hemitomon) 60 60 60 60 60 20 TOTAL 80 80 80 70 70 72 TRANSECT # 3 100 80 ~ o ;2 g: o u 'cf? 60 40 20 Baseline Plot A Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot A REPORTS . fuirena (Fuirena scirpoidea) o maidencane (Panicum hemitomon) . yellow-eyed grass (Xyris sp.) . false buttonweed (Spermococe sp.) . slender spikerush (Eleocharis vivipara) ID TOTAL . panic grass (Panicum sp.) . bogbuttons (Lacnocaulon sp.) ; i ..~ .,. 1 32 Transect #4 TREE SPECIES Base Time l" 2nd 3'd 41h 51h line Zero Annual Annual Annual Annual Annual Plot C Plot C # PRESENT/CONDITION slash pine (Pinus elliottii var. densa) IH IH IH IH IH IH TOTAL 1 1 1 1 1 1 Water level 0" 0" 3" 2" 1" 0" '~) '- , , 320 PARCEL - OFFSITE MITIGATION AREA TRANSECT #4 Ground Cover 33 Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotC PlotC saw palmetto (Serenoa repens) 95 95 95 95 95 95 grapevine (Vilis sp.) - - - - - 10 gallberry (Ilex glabra ) - - - - - 5 TOTAL 95 95 95 95 95 110 TRANSECT # 4 ~ 120 tI 100 ;;2 80 fIJ 60 6 40 u 20 ?ft. o Baseline Plot C Time Zero 1 st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot C REPORTS . saw palmetto (Serenoa repens) . TOTAL o grapevine (Vitis sp.) Ill!I gallberry (Hex glabra) v l' . P'(";> q. , '.:''''''''''M ':1...r. . ....." 34 c. BATHEY PARCEL - OFFSITE MITIGATION AREA (Due to access issues which prevented data collection, this information will be provided at a later date) Transect #1 ,! TREE SPECIES Base Time I't 2nd 3'd 4th 5th line Zero Annual Annual Annual Annual Annual Plot A Plot A # PRESENT/CONDITION Brazilian pepper (Schinus IOH 10D - - - terebinthifolius) buttonwood (Conocarpus erectus) 2H 2H 2H 4H 5H white mangrove (Laguncularia 2H 2H 2H 6H 6H racemosa) red mangrove (Rhizophora mangle) 6H 6H 6H 6H 6H TOTAL 20 10 10 16 17 Water level 0" 0" 4" 6" 6" > , l j :kP.>:.~ Jt.,U' 1.....8....' I . ~ C. BATHEY PARCEL - OFFSITE MITIGATION AREA TRANSECT #1 Ground Cover 35 . , Baseline Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species Plot A Plot A carex sedge (Carex spp.) 5 5 10 15 20 beakrush (Rhynchospora nitens) 5 5 10 20 20 distich lis (D;str;chlis sp;cata ) 0 0 0 40 60 TOTAL 10 10 20 75 100 TRANSECT # 1 ~ o ~ ~ o u ~ 100 80 60 40 20 o Baseline Plot A Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Plot A . carex sedge (Carex spp.) o TOTAL REPORTS . beakrush (Rhynchospora nitens) []J distichlis (Districhlis spicata) : ! 161 lR .. .:1 36 ~ J Transect #2 TREE SPECIES Base Time 1st 2nd 3rd 4th 5th line Zero Annual Annual Annual Annual Annual Plot C Plot C # PRESENT/CONDITION slash pine (Pinus el/iottii var. densa) 3H 3H 3H 3H 3H Brazilian pepper (Schinus 3H 3D - - - terebinthifolius) wax myrtle (Myrica cerifera) 3H 3H 4H 5H 5H TOTAL 9 6 7 8 8 Water level 0" 0" 0" 0" 0" 16' lu ~ ! C. BATHEY PARCEL - OFFSITE MITIGATION AREA TRANSECT #2 Ground Cover 37 '~ . Baseline Time Zero 1st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual Species PlotC PlotC saw palmetto (Serenoa repens) 10 10 10 20 30 wiregrass (Aristida stricta) 10 10 10 30 30 TOTAL 20 20 20 50 60 TRANSECT # 2 100 ~ 80 d ;;2 60 ~ 40 u ?ft. 20 o Baseline Plot C Time Zero I st Annual 2nd Annual 3rd Annual 4th Annual 5th Annual PlotC REPORTS I- saw palmetto (Serenoa repens) _ wire grass (Aristida stricta) 0 TOTAL I 00 ("t') ~ ~ "" -< 1:1 = .: = t:)fl .: .... ~~ t ~ ~iii "" I ~ 1:1 ....0 = ~ = . - ~8 QM >11) 08 ZM ~ ~ U I U 0,. U .c ~ ~ ~ ~ U r;;;.;il .J. U 00.c~ Co:) ~ ~:S; > ~ ~:S; ~ U >11) ~~ ~II) ~~ ~~ =11) t:~ ~~ <= = - . ff') = - :- ff')ff') == - - :- ff') ff') == - - :- ff')ff') ...c= - - <= ...... M = - : ...... <= - M == - - <= = - = = - <= = - <= = - <= = - = 00 1 r;;;.;il~= ~......;:: -<Co:)~ =oo~ ~l6 , 1 B, ~ z ~ 0'1 II o o o - II U c:> rJj ~~ rJj ~ rJj ~ ~ en o 1d ........ 0.. o g ~ ~ E-< o Z .. , . I ..li..~.'. 6"~ ,. E. . ~. 1 ~''2. 39 '" f 2. Bathey Parcel - Offsite Mitigation Area: a. Staff Gauge Readings (See attached letter from Banks Engineering) (As a result of access issues which prevented data collection, this information will be provided at a later date. Prior to Road Removal During Each Monitoring Event , I DATES SG 1 3.00' = +2.5' (NGE -0.4' NGVD) 8/3/00 2.18' NGVD 7/03 2.10' NGVD 10/01 2.21' NGVD 10/04 2.2' NGVD DATES SG2 2.00' = +2.00' (NGE +0.7' NGVD) 8/3/00 2.2' NGVD 7/03 2.1' NGVD 10/01 2.26' NGVD 10/04 2.4' NGVD b. Salinity levels (parts per thousand) (As a result of access issues which prevented data collection, this information will be provided at a later date.) ... T ]~ B J! ~ 40 ~ ! 3. Wildlife '1 ~ Listed below for each ofthe three mitigation sites are the wildlife observations noted during the monitoring event. Observations include signs such as tracks and nests, as well as actual sightings. 'I! t a. On-Site Preserve Green heron Great egret Turkey vulture Tri-color heron Killdeer Bald eagle Snowy egret Muscovy b. "320" Acre Site ;; i Pileated woodpecker Warbler Great blue heron Red-bellied woodpecker Bald eagle Downy woodpecker c. "Bathey Parcel" (As a result of access issues which prevented data collection, this information will be provided at a later date.) VI. CONCLUSIONS A summary of the condition of each of the three mitigation areas is described below: 1. On-Site Preserve The on-site uplands are healthy and in good condition with most portions supporting a mature slash pine canopy and dense saw palmetto understory that is free of exotic and nuisance vegetation. Lack of fire in much of the uplands over recent years has allowed a dense midstory and understory to form in the uplands. The wetlands on-site exhibited normal seasonal inundation. As shown in the attached photos, the melaleuca has been removed from the wetlands. This has enabled desirable wetland vegetation to return to the understory. Continuing spot maintenance has prevented reinfestation of exotic and nuisance vegetation. The plantings installed within the preserve area were in good condition. Some of the larger pines onsite suffered damage that was likely a result of hurricane activity during the 2005 hurricane season. Planted trees within the preserve remain healthy and in overall good condition. , 1 'it -1' 2 41 ~ ! 2. "320" Site , , The uplands and wetlands on this site are stable and in good condition having been treated for the melaleuca infestation. The uplands consist of mature pine flatwood "islands" with a palmetto understory. Extensive portions of the hydric pine and pine cypress wetlands have an open midstory and maidencane ground cover. The cypress wetlands on site are predominately small 4" -6" diameter trees. Regular spot treatment of the melaleuca encroaching from surrounding properties has kept this site almost entirely free of exotic vegetation. Backfilling of ruts and depressions created by off-road vehicle use and the removal ofthe abandoned vehicles, appliances and other debris has been completed and these areas are naturally revegetating as well. Small areas (<1 % overall coverage) of melaleuca and ear-leaf acacia regrowth were observed in the northeastern and western edges ofthe "320" Site. A small number of slash pines appear to have suffered damage during the 2005 hurricane season. , , 3. 577 Acre "Bathey" Parcel As a result of access issues which prevented data collection, this information will be provided at a later date. W:\home-38m\4th annuaI.05\HOME-38M Feb 06.wpd I : ;1 ~ ,! SECTION: 3 I TOWNSHIP: 50S , RANGE: 26E I LA TlTUDE: 26.08'00" ~ I LONGITUDE: 81.42'30" 'I ~ I i : I MONITORING PLAN ~i6 [~~1 1::':":::':':":1 UPLAND PRESERVE: (40,69 ac.) WETlAND PRESERVE: (94,77 ac.) TRANSEcr @ o 500 1000 EB t PHO ro POINr @ I SCALE I FEET , , , , ,/ /;' (~) I I, ;:1' Napl". Heritall" I J C.A. %' /'/' II I / I / I , , I , I I I i I I ' I , II " I' ;! ,I I: ,I I: 'I , , @ i! 61 " ~ I' I' 8 _:.. " -"''''=- ---- - '''-, CA r::"_'" , CA ~/ ~.~' CA 1::,';,.------^_ ~,;~ ~[j" ,. f. ,')',_ ~ '. L-^.r / '/ '- -._"'-_..-J..,', If' ,y" " '-, II II Naples Heritage , I (':':"--'::"'1 \ J; ~_ i: .~~ I I ~.. --.~, .~~,\, Ii .f1,) \ ~~". ' \-. ',\. .,,~ I ". _,.,_ ., ,,/. \ ...... '.....""". ~~ /....-. -"....-::::...--.... ~ ',...., """"..,~_.="'" ~ . ""'~' C A ~-::'\'. ~~~f\\\~l.:J~<r~~\ ,. - -.............-.:.:--. 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Il) ~ Il) ...c: ...... o ...... .S b.O C ;2 o ..s ~ Il) > '@ Berger, Toombs, Elam, Gaines & Frank ll\. fJ Certlfted Public Accountants PL Sun Trust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461-6120//461-1155 FAX: 772/468-9278 October 18, 2005 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT c/o Janic.e Lamed, Finance Director Severn Trent Services 210 North University Drive, Suite 702 Coral Springs, Florida 33071 We are pleased to confirm our understanding of the services we are to provide Cedar Hammock Community Development District for the year ended September 30, 2005. . We will audit the financial statements of Cedar Hammock Community Development District as of and for the year ended September 30, 2005. We understand that the financial statements will be presented in accordance with GASB Statement No. 34. Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U. S. generally accepted accounting principles. Our audit will be conducted in accordance with U. S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will be in compliance with the specifications set forth in Chapter 10.550, "Rules of the Auditor General-Local Governmental Entity Audits," and will include tests of the accounting records of Cedar Hammock Community Development District and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide reports (that do not include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA , ~ Berger, Toombs, Elam, Q:P Gaines & Frank c:....tP\Mc~ ... Cedar Hammock Community Development District October 18, 2005 Page 2 ~ol 1B i'~ ,f'" ~.. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgements by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material . , d:b Be~er, Toombs, Elam, qs:1 Gaines & Frank CMIIIlI f\Mc ____ " ,161 1 L.,y 2 Cedar Hammock Community Development District October 18, 2005 Page 3 misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that Cedar Hammock Community Development District complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Cedar Hammock Community Development District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on Cedar Hammock Community Development District's financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. I ~ Berger, Toombs, Elam, qJ1 Gaines & Frank ~NIIc~ '" 1...~... 0.. \. < . ~.. 10 2 Cedar Hammock Community Development District October 18, 2005 Page 4 An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgement, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Administration, Fees, Delivery of Financial Statements and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Berger, Toombs, Elam, Gaines & Frank and constitute confidential information. However, we may be requested to make certain workpapers available to a Cognizant or Grantor Agency pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Berger, Toombs, Elam, Gaines & Frank personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to a Cognizant or Grantor Agency. The Cognizant or Grantor Agency may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. Our billings for the services set forth in this letter, which will be based upon our rates for this type of work, will be rendered during each month on an estimated basis and are payable upon receipt. It is our expectation that our fee for this engagement will be $6,875. This estimate is based on anticipated cooperation from management and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Such billings will also include out-of-pocket expenses. This engagement includes only those services specifically described in this letter and appearances before judicial proceedings or government organizations or other regulatory bodies arising out of this engagement will be billed to you separately, This engagement is renewable from year to year with the mutual consent of both parties. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2004 peer review report accompanies this letter. . db Be~er, Toombs, Elam, qJ1 Gaines & Frank c..-.NIc ~ ... t MJ fl 'J 1~/., ..8' ,- ~'"... -, Cedar Hammock Community Development District October 18, 2005 Page 5 We appreciate the opportunity to continue to be of service to Cedar Hammock Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, BERGER, TOOMBS, ELAM, GAINES & FRANK his letter correctly sets forth the understanding of Cedar Hammock Community Development District --;;24~' Cedar Hammock Community Development ~ ~3/ot. Date ' W:/data/audit/Cedar Hammock cdd/2005/eng05 '1...+~,,~: L~ institute 01 ~~blk:ACCOUIIWlta Management Consulting Services Division Private Companies Practice Section Tax Division STROEMER TUSCAN & COMPANY, PA CERTIFIED PUBliC ACCOUNTANTS I CONSULTANTS To the Partners Berger, Toombs, Elam, Gaines & Frank, CPA's PL We have reviewed the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPA's PL (the firm) in effect for the year ended May 31, 2004. A system of quality control encompasses the ftnn's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICP A. In performing our review, we obtained an understanding of the system of quality control for the ftrm' s accounting and auditing practice. In addition, we tested compliance with the ftrm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Berger, Toombs, Elarn, Gaines & Frank, CPA's PL in effect for the year ended May 31, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. --~\ W->~ ~. ~O'J.~- Stroemer Tuscan & Company, P.A. Fort Myers, Florida December 16, 2004 INTEGRITy.... .KNOWLEDGE.... .SER VICE.... .COMMITMENT 8961 CONFERENCE DRIVE. SUITE 2' FORT MYERS. FL 33919 (239) 433-1002. Fax (239) 433-0249. Web Site: stcpas.biz Cedar Hammock Community Development District Financial Statements Unaudited September 30,2005 tJ CJ ~.. Cedar Hammock Community Development District Combined Balance Sheet September 30, 2005 .:.;,. ij . [i',", I *,V. 1 0 ,.", . D c: Totals General Debt Service (Memorandum Only) Fund Fund 2005 Assets: Cash $0 $0 $0 Accrued Interest Receivable $185 $1,851 $2,036 Accounts Receivable $0 $0 $0 Cash - SunTrust $69,885 $0 $69,885 Investments - Revenue $0 $0 $0 Investments - Interest Account $0 $0 $0 Investments - Prepayment $0 $110,000 $110,000 Investments - Reserve $0 $0 $0 Market value Adjustments $0 $1 ,435 $1,435 Due From Other Funds $11,864 $3,506 $15,370 Due From Collier County Tax Collector $964 $0 $964 Assessments Receivable $0 $0 $0 Prepaid Expenses $7,800 $0 $7,800 Amount Available $0 $0 $0 Amount to be Provided $0 $0 $0 Improvements $0 $0 $0 Total Assets $90,697 $116,793 $207,490 Liabilities: Accounts Payable $12,025 $2,875 $14,900 Due to Other Funds $3,506 $11,864 $15,370 Developer Reserve $0 $0 $0 Other Liability $0 $0 $0 Retainage Payable $0 $0 $0 Fund Balances: Investment in General Fixed Assets $0 $0 $0 Reserved for Debt Service $0 $0 $0 Designated for Access Control $0 $0 $0 Designated for Roadway Services $0 $0 $0 Unreserved General Fund $75,166 $102,054 $177,220 Total Liabilities and Fund Equity & Other Credits $90,697 $116,793 $207,490 Cedar Hammock 16 I 18 2 Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending September 30, 2005 Current Y-T-D Y - T -0 Budget % of Bud. I Month Revenues: Interest Income $383 $1,983 $0 0.00% Assessment Levy $964 $101,433 $98,682 102.79% Developer Assessment $708 $8,502 $9,913 85.77% Total Revenues $2,055 $111,918 $108,595 103.06%1 Expenditures: Professional & Administrative Supervisor Fees $0 $2,584 $5,383 48.00% Management Fees $10,750 $43,000 $43,000 100,00% Audit Fees $0 $6,550 $12,500 52.40% Property Appraiser $0 $1,096 $1,574 69,61% Assessment Roll Services $0 $5,000 $5,000 100.00% Legal Fees $613 $1,803 $5,000 36.05% Engineering $0 $0 $2,000 0.00% Telephone $30 $276 $500 55.27% Postage $82 $854 $750 113.87% Insurance $0 $5,000 $7,500 66.67% Printing & Binding $60 $607 $1,000 60.67% Legal Advertising $0 $1,621 $1,000 162.09% Office Supplies $491 $862 $400 215.62% Dues, Licenses, & Subscriptions $0 $175 $175 100.00% Contingencies $0 $0 $250 0.00% Capital Outlay $0 $0 $750 0.00% Npdes Program $0 $0 $15,000 0.00% Total Administrative Expenses $12,026 $69,428 $101,782 68.21%1 Expenditures: Field Services Off Site Mitigation $0 $8,744 $6,813 128.34% Total Field Expenses $0 $8,744 $6,813 128.34%1 Total Expenditures $12.026 $78,171 $108,595 71.98%1 Excess Revenues (Expenditures) ($9.971) $33,747 $0 Fund Balance. Beginning $41,419 Fund Balance. Ending $75.166 Cedar Hammock ~ 6 I 1 ~'; 2 Community Development District ,1 U Debt Service Statement of Revenues & Expenditures For The Period Ending September 30, 2005 I Current Y-T-D Y-T-D Budget % of Bud. I Month Revenues: Assessment Prepayments $0 $3,725,644 $0 0.00% Interest Income - Revenue $64 $234 $0 0.00% Interest Income - Prepayment $424 $17,101 $1,000 1710.10% Interest Income - Reserve Fund $50 $4,320 $2,600 166.15% Developer Contributions $8,780 $364,879 $220,634 165.38% Total Revenues ~ $9,318 $4,112,178 $224,234 1833.88%1 Expenditures: Professional & Administrative Accounting Services $1,125 $4,500 $4,500 100.00% Trustee Fees $0 $7,489 $7,500 99.85% Arbitrage Rebate Calculation $1,750 $1,750 $1 ,500 116.67% Dissemintaion Agent Fees $0 $1 ,000 $5,000 20.00% Principal Prepayments $0 $5,365,000 $275,000 1950.91% Interest Expense $0 $174,516 $211,809 82.39% Total Administrative Expenses ~ $2,875 $5,554,254 $505,309 1099.18% I Total Expenditures I $2,875 $5,554,254 $505,309 1099.18% I Excess Revenues (Expenditures) I $6,443 ($1,442,076) ($281,075) Fund Balance. Beginning $1,544,130 Fund Balance. 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Vt o o d Vt o o d Vt '" ...J < ... o ... 1/3 lO o o N iii c: o ti ~ <5 U xl III I- ;.! C ::J o U ....1 ~ <5 U I X U o E E III I .... III "'0 <!) q ..- > I r-- O'l M M "'l= (f) I- U a: I- ~ o . ,. Assets: Cash Accrued Interest Receivable Accounts Receivable Cash - SunTrust Investments. Revenue Investments -Interest Account Investments. Prepayment Investments - Reserve Market value Adjustments Due From Other Funds Assessments Receivable Prepaid Expenses Amount Available Amount to be Provided Improvements Total Assets Liabilities: Accounts Payable Due to Other Funds Developer Reserve Other Liability Retaina.ge Payable Fund Balances: Investment in General Fixed Assets Reserved for Debt Service Deslgnated for Access Control Deslgnated for Roadway Service.s Unreserved General Fund Total UablUUes and Fu nd Equity & Other Credits Cedar Hammock Community Development District Combined Ba/anc. Sheet December 31, 2005 General Fund $0 $0 $0 $105,040 $Q $0 $0 $0 $0 $15,489 $0 $0 $0 $0 $0 $120,528 $0 $0 $0 $0 $120,528 $120,528 Debt Service Fund $0 $0 $0 $0 $0 $0 $15.489 $0 $0 $0 $0 $0 $0 $0 f$15,489) $0 $0 Page 1 (: 182 Totals (Memo.randum Only) 2006 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SO $0 $0 $105,040 $0 $0 $0 $0 $0 $15.489 $0 $0 $0 $0 $0 $120,528 $0 $15..489 $0 $0 $0 $0 $0 $0 $0 $105,040 $120,528 $0 $0 Page 2 Revenues: Assessment Prepayments Interest Income - Revenue Interest Income - Prepayment Interest Income - Reserve Fund Developer Contributions Total Revenues Expenditures: Professional & Administratlv& Accounting Services Trustee Fees Arbitrage Rebate Calculation Dissemination Agent Fees Interfund Transfer Out Principal Prepayments Interest Expense Total Administrative Expenses Total Expenditures Excess Reven ues (Expenditures) Fund Balance. Beginning Fund Balance -Ending Cedar Hammock J6 I 1 B Community Development District Debt Service Statement of Revenues & Expenditures For The Period Ending December 31.1 2005 I Current Y-T-D Y - T -D Budget % of Bud. I Month $0 $0 $110,000 0.00% $4 $4 $0 0,00% $279 $279 $0 0.00% $0 $0 $0 0.00% $0 $0 $25,512 0.00% J $283 $283 $135,513 0.21%1 Page 3 Cedar Hammock COMMUNITY DEVElOPMENT DISTRICT TAX COLLECTIONS FISCAl YEAR ENDING SEPTEMBER 30, 2006 DATE GROSS TAX COMMISSIONS PENALTIES! DELINQUENT NET AMOUNT RECEIVED RECEIVEO DISCOUNTS & PENALTY RECEIVED 10/31/05 $68.58 $1.37 $0.00 $0.00 $67.21 11/22/05 $1,382.16 $27.64 $0.00 $0.00 $1,354,52 12/05/05 $11,172.46 $223.45 $0.00 $0.00 $10,949.01 12/16/05 $55,750.72 $1,115,01 $0.00 $0.00 $54,635.71 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.OO $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 TOTALS $68,373.92 $1/367.47 $0.00 $0.00 $67,006.45 .' :' ~ Ii {) ~ j TOTAL BUDCET $9~8Q.o.QO GENERAL fUND 100.00% $67.21 $1,354.52 $10,949.01 $54,635.71 $0.00 $0.00 $0.00 $0.00 SO.OO $0.00 $0.00 $67,00&.45 i ,j, ri f,~ {:: 3 ~~c SCP ~I/~ "''ifOJ''c. ? 8.?1m- ,() "'Ot.t,,~ -~ Co MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 25, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritaae Community Development District Naples Heritage Community Development District has submitted the following item: a. Fiscal Year 2007 Notice of Public Meeting Schedule. Thank you :\speciallspecial Mise. Carres: , Date:~ Item #:jlo I.. I '13 3 Copies to: 161 183 Naples Heritage Community Development District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 · Coral Springs, Florida 33071 Telephone: (954) 753-5841 · Fax: (954) 796-0623 September 20,2006 Mr. Jim Mudd, County Manager Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 j Mr. Derrick Johnssen Clerk of the Circuit Court Finance Dept. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Dear Mr. Mudd and Mr. Johnssen: In accordance with Chapter 189 Florida Statutes, we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. The Board of Supervisors of the Naples Heritage Community Development District will hold their meetings for Fiscal Year 2007 at the Naples Heritage Golf and Country Club Clubhouse, 8150 Club Way, Naples, Florida at 9:00 a.m. on the second Monday as follows: November 13, 2006 January 8, 2007 March 12,2007 April 9, 2007 May 14, 2007 September 10,2007 Ifyo~ have any questions7please contact me. 5~d:/~ DIane M. Manza /' / Recording Secretary 161 1 B 4 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department F?12c~ $(p IV€"D 80,,1'0' Of C 2 2 2l4' OvI1~ c 'I,~ TO: Sue Filson, Administrative Assistant Board of County Commissioners DATE: RE: September 22, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Immokalee Water & Sewer District Immokalee Water & Sewer District has submitted the following items: a. Registered Agent information. b. 2006-2007 Schedule of Regular Meetings. c. 2006-2007 Budget. Thank you :\speciallspecial Misc. Corres: Oate:Jp J/ 0 t u to Item#:~ Copies to: 16 L.l 4Immokalee Water & Sewer District 1] i.. 1020 Sanitation Road Immokalee, Florida 34142 (239) 658-3630 FAX (239) 658-3634 lmmokaleeWater & Sewer District September 1, 2006 Clerk of Circuit Court Finance Department POBOX 413016 Naples, FL 34112-3016 To Whom It May Concern: Immokalee Water & Sewer District is located at 1020 Sanitation Road, Immokalee, Florida 34142. Mrs. Eva J. Deyo, Executive Director is the Registered Agent. Both the agent and office are registered with The Florida Special District Program. Also, enclosed are the 2006-2007 Schedule of Regular Meetings and Budget 2006-2007- Resolution 06-09. If you have any questions, please call the office at the number above. Sincerely, 4 / Norma Ramirez Human Resource Enclosure RECEIVED SEP 11 2006\ .\Nt\NCE OEPT .. ..................... ..... IMMOKALEE WATER & SEWER DISTRICT 16' 1 R 4 1020 SANITATION ROAD IMMOKALEE, FL 34142 TELEPHONE (239) 658-3630 August 24, 2006 Please print the following in your legal notices. Thank You. NOTICE UF MEETINGS Regular Meetings of the Board of Commissioners for the Immokalee Water & Sewer District are scheduled for the third Wednesday of each month, at 3:15 P.M., at the office of the Immokalee Water & Sewer District, located at 1020 Sanitation Road, Immokalee, Florida 34142; or the following dates: October 18,2006; December 20, 2006; January 17,2007; February 21,2007; March 21, 2007; April 18, 2007; May 16,2007; June 20, 2007; July 18,2007; August 15, 2007 and September 19, 2007. REGULAR MEETING AGENDA I. Call to Order 2. Preliminaries A. Pledge of Allegiance B. Roll Call C. Adoption of Agenda D. Employee Recognition E. Public Concerns F Staff Good Cause Items G. Board Concerns H. Old Business 3. Consent Agenda A. Adoption of Minutes B. Civil Rights Compliance Report C. Monthly Budget Review D. Various Reports E. Engineering Report F. Directors Report 4. Action Agenda 5. Discussion Agenda A. Attorney's Report 6. Other Public Interests 7. Adjournment h ,- ~ BUDGET FISCAL YEAR ENDING SEPTEMBER 30, 2007 Adopted August 16. 2006 IMMOKALEE WeTER & SEWER DISTRICT , 61 l'e4 RESOLUTION # 06-09 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER DISTRICT AMENDING THE FISCAL YEAR 2006 BUDGET, AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006. WHEREAS. the Board of Commissioners of the IMMOKALEE WATER AND SEWER DISTRICT (hereinafter referred to as the "Board") is authorized and empowered to construct. operate and maintain a Water and Sewer System (the II System") within the boundaries of the lands described in Florida Statute Chapter 2005-298; and WHEREAS. the Board is authorized and empowered to make rules and regulations for its own government and proceedings; and WHEREAS, the Board met, reviewed, and amended the budget for the Fiscal year ending September 30, 2006 and adopted the budget for the Fiscal year beginning October 1, 2006, during a duly advertised budget hearing on August 16. 2006; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER DISTRICT, in public meeting assembled that the following Budget be adopted and recognized as Resolution 06-09: '~ IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET , f" '" . ". J '" ~ ALL BUDGETED . FUNDS FISCAL YEAR 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROJECTED SOURCES OF FUNDS Charges for Services $4,439,741 $4,557,271 $4,755,375 $5,240,025 $7,026,062 Non Operating Revenue 734,250 1,660,787 6,183,638 299,282 6,539,492 TOTAL SOURCES OF FUNDS $5,173,991 $6,218,058 $10,939,013 $5,539,307 $13,565,554 USES OF FUNDS 0& M Expenditures $4,134,968 $4,378,296 $3,662,195 $4,904,977 $5,449,458 Capital Expenditures 575,785 1,923,416 5,190,405 532,946 5,563,842 Debt Service 965,025 950,153 1,975,620 997,620 2,028,096 Other Uses of Funds 10,026 3,982 12,500 5.104 171,310 Debt Service Reserves 87,852 87,852 87,852 0 0 TOTAL USES OF FUNDS $5,773,656 $7,343,699 $10,928,572 $6,440,647 $13,212,706 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($599,665) ($1,125,641) $10,441 ($901,340) $352.848 USE OF PRIOR YEAR CARRYFORWARD 0 0 0 0 0 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($599,665) ($1,125,641 ) $10,441 ($901,340) $352,848 Page 1 01 17 161 1 B 4 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET SOURCES AND USES OF FUNDS 2004 ACTUAL 2005 ACTUAL 2006 ORIGINAL 2006 AMENDED 2007 PROPOSED SOURCES OF FUNDS Charges for Services Water Sales Wastewater Charges Meter Service Charges Reconnection and Transfer Fees Miscellaneous Charges and Fees Late Fees Total Charges for Services Non-Operating Revenue Interest Income Interest Income - Assessments Contributed Capital - Grant Contributed Capital - Customers Contributed Capital - Developer Debt Proceeds Other Non-Operating Revenue Total Non-Operating Revenue TOTAL USES OF FUNDS EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS $1,496,374 $1541,956 $1,616,448 $1,745.374 $2,657435 2,494.332 2,544,922 2,638,258 $2.903.379 3.675,432 280,422 285,507 298.460 $328,080 429.667 98.350 101,068 97.370 $116.844 128,528 70.263 27,343 39,839 75.628 70,000 0 56.475 65,000 70,720 65.000 $4,439,741 $4,557,271 $4,755,375 $5,240.025 $7.026,062 $22,520 S50287 $44,920 $73598 $74334 $0 $0 $0 $0 SO 181 186 0 3.000.000 58.348 3.000000 48,018 39.900 48,720 61.175 63.010 0 1.058.601 0 0 0 449,517 480,371 3054,654 70.112 3.366.171 33,009 31.628 35,343 36.049 35,977 $734,250 $1.660 787 $6.183.638 $299.282 $6,539492 $5,173,991 $6.218.058 $10,939,013 $5,539.307 $13.565.554 $867,754 $926992 $1016,570 $1074.881 $1.270.296 I 1,073.031 1227.395 1272,600 1,479.741 1,631415 307,531 305.879 390,252 334.806 395,996 688,022 703,349 792,562 772,190 827.121 55,834 122,688 190,211 151.406 217.848 1142,796 ' 1 091,993 0 1,091,953 1.106.782 $4,134,968 $4,378.296 53,662,195 $4,904.977 $5,449.458 $4.079.263 I I I $54,588 $962,501 $231,687 $4.704,9131 449,232 64.125 147.324 102,598 186.381 3,068 840.803 883.814 187.494 654,657 66.955 45,742 77,704 8.954 12,890 1,942 10.244 2,300 2,213 5,000 $575785 $1,923416 $5.190,405 $532.946 $5,563842 $293263 $309627 $1324,150 $324,150 $1,375.149 671.762 640 526 651,471 673.471 652,947 $965.025 $950,153 $1975,620 $997,620 $2.028,096 $163310 $8.281 $132 $10,500 $5.104 6,000 1,745 3,850 2.000 0 2.000 $10.026 $3,982 $12,500 $5.104 $171,310 $5,685,804 $7.255,847 $10,840,720 $6,440.647 $13.212,706 , ($511.813) ($1.037,789) $98,293 ($901.340) $352,848 TOTAL SOURCES OF FUNDS USES OF FUNDS Operations and Maintenance Water Treatment and Distribution Wastewater Treatment Wastewater Collection Customer Service and Administration Maintenance Department Depreciation Total 0 & M Expenditures Capital Expenditures Water Treatment and Distribution Wastewater Treatment Wastewater Collection Customer Service and Administration Maintenance Department Total Capital Expenditures Debt Service Principal Interest Total Debt Service Other Uses of Funds Maintenance Reserve Bad Debt Expense Loss on Disposal of Assets Total Other Uses of Funds Page # 2 of 17 OPERA TIONS AND MAINTENANCE Page 3 of 17 '1 /, '~i 161 t~ n ~ ~'<, ~,~ IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 1000 - Water Treatment and Distribution CODE DESCRIPTION 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROJECTED 1100 Salaries and Wages $219,617 $238,614 $272,199 $258,859 $345,547 1410 Overtime 60.096 65,185 55,758 72,712 94,444 2110 FICA 22.909 25,110 25,089 25,365 33,659 2540 Unemployment Taxes 654 799 1.009 1,009 1,210 2200 Employer Pension Contribution 12.848 15,238 16.332 15,532 20,733 2310 Health/Life Insurance 57,900 89,631 102,309 105,275 146,297 2430 Workers Compensation 5,353 11 ,547 15,874 31,368 26,145 4010 Travel and Training 2,123 6,409 7,372 15,215 19,308 4110 Telephone and Fax 7,580 7,962 8,395 8.572 9,001 4350 Electric---AII Other 117.418 135,169 137.726 157.359 165,227 4510 General Liability Insurance 8,889 13,136 11,749 10,141 10,648 4530 Comprehensive Auto Insurance 7,975 8,067 8.309 7,708 8,093 4590 Other Insurance 43,805 39,679 40,870 48,806 51,246 4640 Repairs & Maintenance 41,426 38,220 49,259 49,982 52,481 4630 Other Contract Services 83,965 67,660 69,226 71 ,966 75,564 5220 Vehicle Fuel 17,928 26.284 23,605 34,548 38.003 4650 Vehicle Maintenance 17,062 13,502 13,016 14,156 14,864 3310 Licenses and Permits 6,700 50 2,575 261 274 5240 Chemicals 24,885 43,259 45,277 64,310 70,741 5340 Other Materials 80,614 58,914 80,534 50,534 53,061 5280 Laboratory Fees 23.959 17,573 25,665 25,665 26,948 5270 Uniforms/Clothing Allowance 3,197 4,071 3.417 5,126 6,276 5410 Mem be rsh i ps/Pe riod ica Is/B 00 ks 853 913 1.006 413 526 COLUMN TOTALS $867,754 $926,992 $1,016,570 $1,074,881 $1,270,296 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Chemicals, Health Insurance & Vehicle Fuel are calculated at 10% Includes addition of two additional Service Tech I positions. Page 4 of 17 :~ ,/ t.... , . ~ , , ' 4 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 2000 - Wastewater Treatment CODE DESCRIPTION 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROJECTED 1110 Salaries and Wages $237,496 $230,938 $282,587 $239,453 $304,149 1410 Overtime 23.286 21,601 21.327 28,085 28,349 2110 FICA 19.790 19, 164 23,249 20,467 25,436 2540 Unemployment Taxes 708 802 833 1,199 1,109 2200 Employer Pension Contribution 11,436 10,950 16.955 14,367 18,249 2310 Health/Life Insurance 50.212 47,171 66.358 60,880 81,371 2430 Workers Compensation 3,067 6,359 9.660 16.712 15,400 4010 Travel and Training 3,207 3,415 4.875 4,875 5,168 4110 Telephone and Fax 4,638 4,395 4,268 3,862 4.094 4350 Electric 139,671 165,715 166,093 183,481 194,490 4370 Section 8 Electric 9,859 12.101 11 ,726 16,442 17,429 4510 General Liability Insurance 16,928 19.182 19,795 12,222 12.955 4530 Comprehensive Auto Insurance 6,380 6.166 6,647 6,166 4,014 4590 Other Insurance 44.699 40489 41,704 49,802 52,292 4920 Section 8 Field Maintenance 6,384 16.337 18,372 34,398 36,118 4640 Repairs & Maintenance 84,383 87.359 100,669 54,493 57,218 4660 Section 8 Repairs 5425 2.554 3,170 2,956 3.104 4630 Other Contract Services 13.210 13,974 11,120 11,120 11 ,676 5220 Vehicle Fuel 11,323 16,313 8,846 4,254 4,679 4650 Vehicle Maintenance 15.068 18,668 13,786 12,584 13,213 3310 Licenses and Permits 50 125 129 5,025 5,276 5240 Chemicals 59,485 71,350 69.112 77,661 85,427 5340 Other Materials 35.962 41,448 44,836 52,725 55,361 5280 Laboratory Fees 23.214 24,179 26,199 26,199 27.509 4910 Residuals Management 242,660 341 ,102 294,454 534,454 561,177 5270 Uniforms/Clothing Allowance 4,205 5,166 5.368 5,592 5.872 5410 Me mbe rsh ips/Period icals/Books 285 372 461 267 280 COLUMN TOTALS $1,073,031 $1,227,395 $1,272.600 $1,479,741 $1,631,415 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payrolllype expenses are calculated at actual, including allowances for Schedule A raises. Chemicals, Health Insurance & Vehicle Fuel are calculated at 10% Page 5 of 17 ~;, IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 3000 - Wastewater Collection Dept. CODE DESCRIPTION 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROJECTED 1110 Salaries and Wages $121,678 $117747 $129,169 $120,255 $137,390 1410 Overtime 10,664 8,246 14,597 11,777 15,838 2110 FICA 10,030 9.422 10.998 10,100 11,722 2540 Unemployment Taxes 377 444 511 511 504 2200 Employer Pension Contribution 6,356 6.774 7.750 7,215 8,243 2310 Health/Life Insurance 36,009 32,876 66,358 41,551 48,486 2430 Workers Compensation 1,747 3.161 4,437 9.124 7,052 4010 Travel and Training 3,525 1,858 2,124 4,703 4,938 4110 Telephone and Fax 692 764 801 891 936 4350 Electric 26,148 29.310 25,510 36,261 38,074 4510 General Liability Insurance 12,682 11.916 15,665 8,061 8,464 4530 Comprehensive Auto Insurance 4,785 4,840 4,986 4.625 4,856 4590 Other Insurance 670 607 626 747 784 4640 Repairs & Maintenance 27,000 47,863 72,961 44,942 72,189 4630 Other Contract Services 429 504 358 358 376 5220 Vehicle Fuel 6,416 8,238 8,691 9,786 10,765 4650 Vehicle Maintenance 9,939 7.011 9,472 5,273 5,537 3310 Licenses & Permits 250 0 319 319 335 5240 Chemicals 1,275 5,135 4,791 5,716 6,288 5340 Other Materials 24,404 6,424 7,593 10,054 10,557 5270 Uniforms/Clothing Allowance 1,715 1,989 2,138 2,138 2,245 5410 M embers hi ps/Period ical s/Books 741 750 398 398 418 COLUMN TOTALS $307,531 $305,879 $390,252 $334,806 $395,996 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Repairs & Maintenance includes contingency for $25,000 Chemicals. Health Insurance & Vehicle Fuel are calculated at 10% Page 6 of 17 161 18 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 4000 - Customer Service I Administration CODE DESCRIPTION 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED AMENDED 1110 Salaries and Wages $231,894 $248,621 $256075 $247,655 $274,984 1410 Overtime 1,975 1,789 6,279 2,007 6,911 2110 FICA 17.582 18,693 20,070 19,099 21,565 2540 Unemployment Taxes 630 736 779 916 806 2200 Employer Pension Contribution 12,745 13,710 1 5.365 15,215 16,499 2310 Health/Life Insurance 74,759 65,064 108,581 69,380 97,807 2430 Workers Compensation 4,763 844 1,563 2,252 1,789 3120 Legal Services 27,634 27,475 31,000 26,000 31,000 3130 legal Services - Sewer Assessments 323 0 1,500 500 0 3130 Other Professional Services 0 2,000 0 2,500 2,500 3210 Accounting/Auditing 33,690 35,100 51,192 41,333 41,592 3140 Engineering Services 165,983 158,500 169016 172,622 181,253 4010 Travel and Training 3,226 4,537 4,880 9,833 10,324 4110 Telephone and Fax 5,793 5,151 5,122 6,694 7,029 4210 Postage & Freight 25,729 33,666 32,602 30,970 32,519 4510 General Liability Insurance 1,133 3,650 2060 3,380 3,549 4530 Comprehensive Auto Insurance 797 807 831 771 810 4590 Other Insurance 13,589 17,342 19,085 19,085 20,039 4630 Other Contract Services 8,892 7,696 6.611 6,611 6,942 4640 Repairs & Maintenance 5,791 13.303 11,903 18,405 19,325 5220 Vehicle Fuel 380 1091 1.308 861 947 4650 Vehicle Maintenance 293 44 288 951 999 5130 Office Supplies 24,449 22.070 24032 25,856 27,149 4930 Misc. Office Expense 6,187 7,664 8.344 6,923 7,269 4930 Misc. Bank Fees 994 1,587 1 533 1,218 1,279 4930 Advertising 6,630 5,009 4,529 3,829 4,020 3310 licenses and Permits 228 175 292 100 105 5410 Me mbershi ps/Period ical s/Books 11,932 7.025 7,725 7,725 8,111 Hurricane Wilma Expenses 0 0 0 29,499 0 COLUMN TOTALS $688,022 $703,349 $792.562 $772,190 $827,121 Calculations for expenses use estimated increases in costs in the amount of 6%, with the following exceptions: Payroll type expenses are calculated at actual, including allowances for Schedule A raises Legal fees are based on the contract dated 04/30/96, wrth $500 increase in 2003, and allowances for up to $7,000 in additional services Health Insurance & Vehicle Fuel are calculated at 10% Page 7 of 17 ]L t(\) U 1 tj4 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 5000 - MAINTENANCE CODE DESCRIPTION 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROPOSED 1110 Salaries and Wages $20,057 $65,311 $103,981 $60,996 $116,420 1410 Overtime 2,183 190 6,190 6,190 7,067 2110 FICA 1,574 4,889 8,428 8,428 9447 2540 Unemployment Taxes 161 215 269 403 403 2200 Employer Pension Contribution 2,229 4.308 6,239 3,660 6985 2310 Health/Life Insurance 24,724 28.222 40,956 40,956 43,464 2430 Workers Compensation 996 2.100 2,812 6,409 5,776 4010 Travel and Training 12 1,842 3,057 3,057 3,210 4110 Telephone and Fax 819 929 1,028 594 624 4530 Comprehensive Auto Insurance 0 0 0 0 2,460 4640 Repairs & Maintenance 0 984 1,076 1,076 1,130 4630 Other Contract Services 0 525 290 290 305 5220 Vehicle Fuel 1,377 4,870 4,879 4,894 5.383 4650 Vehicle Maintenance 560 5,796 6,974 6,974 7,323 3310 Licenses and Permits 0 0 52 83 87 5340 Other Materials 0 948 2,500 4,744 4.981 5270 Uniforms/Clothing Allowance 1,046 1.346 1,212 2,387 2,506 !)410 Membersh ips/Peri odica Is/Books 95 213 265 265 278 COLUMN TOTALS $55,834 $122,688 $190,211 $151,406 $217848 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions. Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Health Insurance & Vehicle Fuel are calculated at 10% Page80117 1 - CAPITAL OUTLAY Page 9 of 17 161 1 S' 4 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET WATER TREATMENT AND DISTRIBUTION CAPITAL CAPITAL OUTLAY PROPOSAL 2006 2006 2007 NUMBER ORIGINAL AMENDED PROJECTED OTHER CAPITAL & EMERGENCY FUNDS* 48,493 18,160 79,723 METER REPLACEMENT PROGRAM (ONGOING) 2006-101 35,000 35,000 267.143 DIRT COMPACTOR 2006-102 1,699 1,650 RANGER TRUCK 2006-103 17,500 15,124 RANGER 4X4 (REPLACES TRK 11) $18,500 5-YR FINANCED 2007-102 RANGER (REPLACES TRK 16) $15000 5-YR FINANCED 2007-103 FISHBRANCH CULVERT LINE RELOCATION 2007-104 24,000 FIRE HYDRANTS 23.040 FENCING 2,289 SHORING (SPLIT WITH WW COLLECTION DEPT.) 5,004 USDA FUNDED PROJECT LOAN 1,456.647 131,420 1,781,726 USDA FUNDED PROJECT GRANT * ESTIMATED 2006 2,519,923 0 2,552,321 TOTALS 4,079.263 231.687 4,704,913 Page 100117 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET '...).....'-4 '. .~ ..~ . WASTEWATER TREATMENT CAPITAL CAPITAL OUTLAY PROPOSAL 2005 2006 2006 2007 NUMBER ACTUAL ORIGINAL AMENDED PROJECTED OTHER CAPITAL & EMERGENCY FUNDS. 39 574 39,574 55.131 MANHOLE REPLACEMENT 30.471 NEW COMPUTER 2.654 1.500 1.450 RANGER 4X4 (REPLACES TRK 21) $18,500 5-YR FINANC 2007-201 , I ! USDA FUNDED PROJECT LOAN 31,000 32,619 57.619 USDA FUNDED PROJECT GRANT. ESTIMATED 2006 73,631 73.631 GRANT FUNDED GENERATOR 15995 SLUDGE PUMP 7288 MONITORING WELL PUMP 14296 PORTABLE PUMP 23995 TOTALS $64,125 $147,324 $102598 I $186.381 I II Page 11 of 17 ~61 18 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET l,~ WASTEWATER COLLECTION CAPITAL CAPITAL OUTLAY PROPOSAL 2006 2006 2007 NUMBER ORIGINAL AMENDED PROJECTED OTHER CAPITAL & EMERGENCY FUNDS. 39,574 6,000 55,131 MANHOLE REPLACEMENT (2) 121,000 LIFT STATION REPLACEMENT PARTS-ONGOING 2006-301 8,000 1 3,000 28.000 COMPACT TRACKHOE AND TRAILER 2006-302 42.490 42,490 (TO SPLIT WITH WA TER DEPT.) GENERATOR SHORING (SPLIT WITH WATER DEPT) 5,004 i VAC TRUCK- $223,000 5-YR FINANCED 2007-302 FISHBRANCH CULVERT LINE RELOCATION 2007 -303 19.000 ! i : USDA FUNDED PROJECT LOAN 419703 178.478 USDA FUNDED PROJECT GRANT * ESTIMATED 2006 , 374,047 374,047 i I i ARROWHEAD INFRASTRUCTURE TOTALS $883,814 $187,494 G Pge 12 of 17 ~? " " I IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET 4 CUSTOMER SERVICE I ADMINISTRATION CAPITAL CAPITAL OUTLAY PROPOSAL 2006 2006 2007 NUMBER ORIGINAL AMENDED PROJECTED OTHER CAPITAL & EMERGENCY FUNDS* 8,954 8,954 12,890 , USDA FUNDED PROJECT LOAN 36,352 USDA FUNDED PROJECT GRANT * ESTIMATED 2006 32,398 I I , TOTALS 77,704 8,954 12,890 Page13of17 '161 18 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET MAINTENANCE CAPITAL CAPITAL OUTLAY PROPOSAL 2006 2006 2007 NUMBER ORIGINAL AMENDED PROJECTED OTHER CAPITAL & EMERGENCY FUNDS* 5,000 AlC PUMP 2006-501 2,300 2,213 ! F2504X4 (REPLACES TRK 3) $26,000 5-YEAR FINANCED 2007-501 i I ! TOTALS $2,300 $2,213 $5,000 Page 14 of 17 1 ~4 DEBT SERVICE Page 15 of 17 161 '18 + IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET DEBT SERVICE EXPENDITURES 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL AMENDED PROJECTED DEBT SERVICE EXPENDITURES SERIES A REVENUE BONDS Principal 60,000 60,000 60.000 60.000 60,000 Interest 71,500 68.500 65.500 65.500 62.500 SERIES B REVENUE BONDS Principal 14,000 18.000 22,000 22.000 26,000 Interest 24,700 24,000 23.100 23100 22,000 SERIES 1985 REVENUE BONDS Pnnclpal 12000 13000 13,000 13,000 14,000 Interest 24.098 i 23.498 22.848 22,848 22,198 SERIES 1989 REVENUE BONDS Principal 57,000 60.000 63.000 63,000 66.000 Interest 165,650 162.800 159.800 159.800 156,650 SERIES 1990 REVENUE BONDS Pnncipal 4,000 4.000 4,000 4.000 4,000 Interest 11,050 10.850 10.650 10.650 10.450 SERIES 1996 REVENUE BONDS Principal 53,000 55,000 58,000 58.000 61,000 Interest 207,409 I 204,693 201,874 201.874 198,901 SERIES 1998 REVENUE BONDS Principal 10,000 10.000 10,000 10,000 11,000 Interest 34,920 34.4 70 34.020 34,020 33,570 FCB LINE OF CREDIT Pnncipal 0 1.000.000 0 1,000,000 Interest' (Capitalized) 17,463 28.016 25,000 47.000 25,000 SERIES 2000A SUBORDINATED REFUNDING BONDS Principal 47,371 49,931 53014 53014 53,014 Interest 10,896 8,389 5.306 5.306 5,306 SERIES 2001 SUBORDINATED REFUNDING BONDS Pnncipal 0 0 0 0 0 Interest SERIES 2001 REFUNDING BONDS (USDA) Principal 23.000 24 000 20,000 20.000 20,000 Interest 101,340 100.305 99.405 99.405 98,505 CAPITAL LEASE PAYMENTS Principal 12.892 15,696 21,136 21.136 60,135 Interest 2735 3,022 3,968 3,968 17,866 . SERIES 2006 REVENUE BONDS (USDA) Principal 0 0 0 Interest 0 0 151,478 CHANGE IN ACCRUED INTEREST 0 0 0 0 0 Total Principal 293,263 309.627 1,324,150 324,150 1,375,149 Total Interest 671,762 640.526 651,471 673,471 652,947 TOTAL DEBT SERVICE EXPENDITURES $965,025 $950,153 $1,975,620 $997620 52,028,096 Page 16 of 17 .t; ';t At. .J 4 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2007 BUDGET DEBT SERVICE RESERVES 2004 2005 2006 2006 ACTUAL ACTUAL ORIGINAL AMENDED DEBT SERVICE RESERVES SERIES A REVENUE BONDS Annual Reserve 0 0 0 0 Reserve Balance 151.008 151.008 151,008 151.008 SERIES B REVENUE BONDS Annual Reserve 0 0 0 0 Reserve Balance 20,592 20,592 20,592 20.592 SERIES 1985 REVENUE BONDS . Annual Reserve 0 0 0 0 Reserve Balance 37.680 37.680 37.680 37,680 I SERIES 1989 REVENUE BONDS Annual Reserve 22,280 22.280 22,280 0 Reserve Balance 382.238 404.518 426,798 404,518 SERIES 1990 REVENUE BONDS Annual Reserve 1.535 1,535 1,535 0 Reserve Balance 26,396 27.931 29,466 27.931 SERIES 1996 REVENUE BONDS Annual Reserve 46.997 46997 46,997 0 Reserve Balance 379,871 426.868 473,865 426,868 SERIES 1998 REVENUE BONDS Annual Reserve 4.500 4,500 4,500 0 Reserve Balance 27,000 31.500 36,000 31,500 SERIES 2001 REVENUE BONDS Annual Reserve 12,540 12,540 12,540 0 Balance 39,710 i 52.250 64,790 52,250 , SERIES 2005 REVENUE BONDS (USDA) Annual Reserve 0 0 Balance 0 0 LESS BALANCE IN SPECIAL RESTRICTED RESERVE 165.900 165,900 165,900 165,900 Total Annual Reserves 87,852 87,852 87,8521 0 Reserve Balance 898.595 986,447 1,074,299 986,447 Page 17 of 17 IMMOKALEE WATER & SEWER OlSTRICT c.~'-.::'l FISCAL YEAR 2007 BUDGET SOURCES AND USES OF FUNDS 2004 2005 2006 2006 2007 ACTUAL ACTUAL ORIGINAL OPERATIONS OPERATIONS SOURCES OF FUNDS Charges for Services Water Sales $1,496.374 $1,541956 $1,616,448 $1,745.374 $2,657435 Wastewater Charges 2,494.332 2.544.922 2,638,258 $2,903.379 $3.675.432 Meter Service Charges 280,422 285.507 298,460 $328.080 $429.667 Reconnection and Transfer Fees 98.350 101,068 97.370 $116.844 $128.528 Miscellaneous Charges and Fees 70.263 27,343 39.839 75.628 $70,000 Late Fees 0 56475 65.000 70,720 $65.000 Total Charges for Services $4,439.141 $4,557,271 $4,755,375 $5,240.025 $7,026,062 Non-Operating Revenue Interest Income $22,520 $50.287 $44,920 $73,598 $74334 Interest Income - Assessments $0 $0 $0 $0 $0 Contributed Capital - Grant 181.186 0 3000.000 0 0 Contributed Capital - Customers 48,018 39.900 48,720 61,175 63.010 Contributed Capital - Developer 0 1.058,601 0 0 Debt Proceeds 449.517 480,371 3,054,654 0 0 Other Non-Operating Revenue 33,009 31.628 35,343 36,049 35,977 Total Non-Operating Revenue $734.250 $1.660.787 $6183,638 $170.822 $173,321 TOTAL SOURCES OF FUNDS $5,173991 $6.218.058 $10,939,013 $5,410,847 $7.199,383 USES OF FUNDS Operations and Maintenance Water Treatment and Distribution $867,754 $926.992 $1,016.570 $1.074,881 $1.270.296 Wastewater Treatment 1,073,031 1227395 1,272,600 1,479.741 1,631.415 Wastewater Collection 307.531 305.879 390.252 334,806 395.996 Customer Service and Administration 688,022 703.349 792.562 772,190 827.121 ! Maintenance Department 55.834 122.688 190,211 151.406 217,848 Depreciation 1,142.796 1,091,993 0 1,091,953 1.106.782 Total 0 & M Expenditures $4,134.968 $4.378.296 $3.662,195 $4,904,977 $5,449.458 Capital Expenditures Water Treatment and Distribution $54.588 $962,501 S4.079,263 $100.267 $370,866 Wastewater Treatment 449,232 64.125 147,324 41,024 55.131 Wastewater Collection 3.068 840.803 883,814 187.494 102,131 Customer Service and Administration 66,955 45.742 77,704 8.954 12,890 Maintenance Department 1.942 10244 2,300 2,213 5.000 Total Capital Expenditures $575,785 $1,923,416 $5,190.405 $339,952 $546019 Debt Service Principal $293,263 $309,627 51,324,150 $324,150 $375.149 Interest 671,762 640,526 651.471 673.471 652.947 Total Debt Service $965.025 $950,153 $1,975,620 $997,620 $1.028,096 Other Uses of Funds Maintenance Reserve $163310 Bad Debt Ex.pense $8,281 5132 $10,500 $10.500 10,500 Loss on Disposal of Assets 1,745 3.850 2,000 2.000 2.000 Total Other Uses of Funds $10.026 $3.982 $12,500 $12.500 $175.810 TOTAL USES OF FUNDS $5,685,804 $7.255,847 $10,840,720 $6,255,049 $7.199,383 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($511.813) ($1.037,789) $98,293 ($844.202) ($0) r.~rD.;J "",", " '-' "-I ......~\G,,~ -, 6 I ~t 8 If any phase or portion of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be de(~med a separate, distinct and independent provision and such holding shall not affec' the validity of the remaining portion. This resolution shall become effective on August 1.~.:~Q.Q. PASSED AND DUL Y ADOPTED by the Board of Commissioners of the IMMOKALEE WATER AND SEWER DISTRICT, tl is 161h day of August 2006. BOARD OF COi\H,11 ONERS IMMOKALEE W \ TEH :\ NT) SEWER DI:,;rRli BY: R4tfjc-J- All ne Goodnjght Chairper'- " BY: 161 1 B '5 "~c. "s~ ~v~ 0, c .? .? &.. '(. ,(). a -~ Misc. Correspondence Agenda Date MEMORANDUM Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 22, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. North Naples Fire Control and Rescue District North Naples Fire Control and Rescue District has submitted the following items: a. Copy of Annual Financial Report for the fiscal year ended 9/30/05. b. Copy of the District's Audit for the fiscal year ended 9/30/05, which includes the Management Letter and Rebuttal to Management Letter. c. Copy of the District's Map. d. Registered office and agent form. e. Schedule of regular meetings of the Board of Fire Commissioners for the 2006-2007 fiscal year. f. Copy of the Public Facilities Report. g. Copy of the District's Five Year Plan. Thank you :\speciallspecial MiSC'~O'te~JIO/Db 011I: a . ltem#:~ , .. rl'lnies to V'vtJl.....~" J. Christopher Lombardo, Chairman Joyceanna J. Rautio, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner Margaret Hanson, Commissioner 0' 6 I ;~ . 'J~. 1e 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 14, 2006 Mr. Derek J ohnssen, General Accounting Manager Clerk of the Circuit Court Finance Department Court Plaza III 2671 Airport Road South Naples, FL 34112 Re: Special Districts Reporting Information Dear Mr. J ohnssen, Enclosed please find the following: 1. Copy of Resolution 06-042 of the North Naples Fire Control & Rescue District, adopting the final millage rate and impact fee charges for the fiscal year 2006-2007. 2. Copy of Resolution 06-043 of the North Naples Fire Control & Rescue District, adopting the Budget for the fiscal year 2006-2007 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund. 3. Copy of the Budget for the fiscal year 2006-2007 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for the North Naples Fire Control & Rescue District. 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Qo ::U-n CD C (fl ::I ~ogc. .2..g CD G) ~ ;:;:9 a _1ll(flC l/I -:::r"C $il/l o CD 0- - en CD < n' CD -0 CD ., 3 III ::I CD ::I - m ::I - CD ., "C ., iii' CD en:;- CD _ < ~ n' ::I CD ~ -0 CD ::I l/I o' ::I -I ., C l/I - 'U PJ \Q ro o o c:3 ::I"C z -. 0 r::: lit::lo3 CD ll> tr ::I rt III -(0 " o \D 3: CD g-l~N ., 0 DlS'o a.-Vl C 3 1 ;:1 ii 5 DEPARTMENT OF FINANCIAL SERVICES STATE OF FLORIDA ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT (SECTION 218.32, FLORIDA STATUTES) PREP ARER'S CHECKLIST YES Verify that the name on the certification page is correct for your unit. N/A If you will be using reporting forms generated by your own computer system, rather than filing electronically, check to see that they mirror our forms. (Please note, there have been changes to the names of various funds.) YES Report in whole dollars. YES Are revenues and expenditures/expenses reported by fund group, i.e., General Fund, Special Revenue Fund, Debt Service Fund, Capital Project Fund, Permanent Fund, Enterprise Fund, Internal Service Fund, Pension Fund and Trust Fund? Use account codes only once; across fund columns where applicable. YES Are all like funds rolled up and reported as one fund group? YES Are all account codes consistent with those listed in the Uniform Accounting System Manual? ONLY ACCOUNT CODES THAT APPEAR ON THE ENCLOSED LIST CAN BE USED. PLEASE CALL IF ADDITIONAL ACCOUNT NUMBERS ARE NEEDED. YES Check to see that Revenue codes contain 6 digits, none of which is an X. For example, 313.XXX should be reported as 313.100, 313.200, 313.300, etc. Codes with X's cannot be entered electronically or entered manually into our database and forms containing these codes will be returned as unacceptable. (Refer to the enclosed list, or the Uniform Accounting System Manual for valid codes.) YES Check to see that Expenditure/Expense codes contain 5 digits, 2 of which represent object codes (10, 30, 60, 70,80,90) such as 513.10, 513.30, 513.60, etc. Do not list sub-objects such as 513.11, 513.21, 513.23, etc. when filing manually; electronic filing will not accept incorrect account codes. All expenditures/expenses are to be rolled up to the 10 (11-29), 30 (31-59), 60 (61- 67),70 (71-73),80 (81-83), 90 (91-99) levels. Manual reporting forms which present sub-object detail will be returned as unacceptable. (Refer to the enclosed list, or the Uniform Accounting System manual for valid codes.) N/A If you are reporting a discretely presented component unit, record the revenues and expenditures under the COMPONENT UNIT column as you would for any other fund group. N/A If you are reporting a dependent district, make sure to complete Component Unit Reporting - Part 1 and Component Unit Reporting - Part 2 forms manually. They should be submitted along with the certification page, if filing electronically, or with the annual report if filing manually. Add any units you may have that are not listed. Also, please list any independent special district which is reported as a component unit by your agency. N / A If filing electronically, has the certification page been completed and signed by the Chairman of the Board and the Chief Financial Officer and mailed? 9" I o . 1 B 5 YES If filing manually. have all applicable parts ofthe form been completed and has the certification page been completed and signed by the Chairman of the Board !!lli! the Chief Financial Officer and mailed? YES Submit one (1) copy of the audit report, (management letter version), with the completed certification page, and any component unit reports, if filing electronically, or with all completed forms if filing manually. YES Annual Financial Report must be filed electronically, or postmarked by April 30, 2005 ifan audit is not required in accordance with Section 218.39 F.S., or within 45 days after the completion of the audit report, but no later than 12 months after the end of the fiscal year. There are no provisions in the statutes for any extensions for filing the Annual Financial Report. Nonfilers are subject to having state revenue sharing funds withheld until reporting deficiencies are remedied. Note mailine address for the annual report: Department of Financial Services Bureau of Accounting 200 E. Gaines Street Tallahassee, FL 32399-0354 Do not hesitate to contact this office if assistance or clarification is needed regarding reporting requirements. Our telephone and fax numbers are as follows: Otis Smith Otis.Smith@fldfs.com (850) 413-5471 Suncom 293-5471 Pinky Mathis Pinky.Mathis@fldfs.com (850) 413-5501 Suncom 293-5501 FAX (850) 413-5548 Suncom 293-5548 C:\wordlAPR ch..,kli.t for Py 200l.04\pm AUDITOR GENERAL 5 LOCAL GOVERNMENTAL ENTITY AUDIT REPORT SUB MITT AL CHECKLIST . (SECTION 218.39, FLORIDA STATUTES) (To be submitted with audit reports for fiscal years ending on or after Septem ber 30, 2005, but prior to September 30, 2006) Local Governmental Entity Name N:rth N:lples Fire ct:nI:rol & R:s:::1E District Contact Person Name and Title ~ R:g:m, Dire::nJr of F.imn::e Contact Person Phone Number (239) 597-3222 Contact Person Email Address l::+ccJ:3rtln:::n. UJl tiplE'!ifire.a:m Fiscal Year Audited September 30, 2005 Date Auditor Delivered Audit Report to Local Government Does the audit report include the following items required by Auditor General Rule 10.557(3): Requite&rJf mtiI1i(;ip~lities~special di~trittf the coU11tV as a Wh.ole, ahdcBttnty agencies ** YES The financial statements described in Auditor General Rules 10.556(3) and (4), as applicable, together with related notes to financial statements? YES Required supplementary information (RSI) such as the Management's Discussion and Analysis (not required for county agencies), or the Budgetary Comparison Schedule (required as RSI if not presented as part of the financial statements)? YES The auditor's report on the financial statements? YES The auditor's report on compliance and internal control? YES The management letter defined in Auditor General Rule 10.554(1)(h)? YES The written statement of explanation or rebuttal required by Auditor General Rule 10.558(1)? ** Pursuant to Section 218.39(2), Florida Statutes, an audit of the board of county commissioners is not required. However, if the county report includes an audit of the board of county commissioners, it should include the items by Auditor General Rule 10.557(3). . ~ - Requited formurii6ipalities,speCia'1 districts,. and the county as .a . whole N/A Any auditor's reports and related financial information required pursuant to the Federal Single Audit Act Amendments of 1996, OMB Circular A-l33, or other applicable Federal law? N/A Any auditor's reports and related financial information required pursuant to the Florida Single Audit Act (see Auditor General Rule 10.557(3)(d))? Page t ofl ~61 18 In addition to the above, have the following requirements been complied with: YES YES YES N/A Are all of the above elements of the audit report included in a single bound document as required by Auditor General Rule 10.557(3)? Are two copies of the audit report being submitted as required by Auditor General Rule 10.558(2)? Was the audit report submitted within 45 days after the completion of the audit, but no later than 12 months after the end of the fiscal year? NOTE: There are no provisions in the statutes for any extensions for filing the audit report. Nonfilers are subject to having state revenue sharing funds withheld, or may be subjected to other penalties, for failure to file an audit report. If the audit report is for a county or municipality, and a dependent special district was audited as part of the county or municipality audit, did the notes to financial statements clearly indicate that the special district had been included as part of the county's or municipality's reporting entity? NOTE: Pursuant to Section 218.39(3), Florida Statutes, an independent special district may not be audited as part of a county or municipality audit. When a dependent special district is audited as part of the county or municipality audit, the county or municipality notes to financial statements should clearly disclose that the special district is a component unit included within the county's or municipality's reporting entity. This checklist should accompany tbe audit report. It is suggested that you retain a copy of the checklist for your files. Do not hesitate to contact this office if assistance or clarification is needed regarding reporting requirements. Our telephone and fax numbers, and electronic addresses, are as follows: New Address- Auditor General's Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Telephone: Suncom Fax Fax-Suncom (850) 487-9031 277-9031 (850) 487-4403 277-4403 Email Address:flaudgenlocalgovt@aud.state.fl.us Web site Address: www.state.fl.us/audgen Page 2 of2 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT BASIC FINANCIAL STATEMENTS TOGETHER WITH REPORTS OF INDEPENDENT AUDITOR YEAR ENDED 'SEPTEMBER 30, 2005 1 B5 161 IB 5 TABLE OF CONTENTS Page( s) INI>EJ>ENI>ENT AlJI>ITOIl'S IlEJ>()IlT... ... ... ... ... ...... ... ... ...... ... ......... ... ... ... ... ... .... 1-2 MANAGEMENT'S I>ISClJSSION ANI> ANALYSIS (MI>&A) .................................... I-X BASIC FINANCIAL STATEMENTS GOVERNMENT-WIDE FINANCIAL STATEMENTS: Statement of Net Assets... . .. .. . .. . .. . .. . . .. . .. .. . .. . . .. . .. .. . .. . . .. . .. .. . .. . .. . . .. . .. .. . .. . .. . . .. . .. . .. .. 3 Statement of Activities... ...... ... ... ... ... ... ... ... ... ... ...... ... ... ............ ... ......... ... ... ... ... . 4 FUND FINANCIAL STATEMENTS: Governmental Funds: Balance Sheet... .. . . . . .. . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . ... .. . .. . ... .. . .. . . .. . .. . . . . . . ... . . . .. . . .. .. . .. . . . . 5 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 6 Statement of Revenues, Expenditures and Changes in Fund Balance... ... ... .......... ...... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 7 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of Governmental Funds to the Statement of Activities. . . . . . . . . . . . . . . . . . .. . . . . . 8 Fiduciary Fund - Firefighters' Pension Plan: Statement of Fiduciary Net Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Statement of Changes in Fiduciary Net Assets......... ....................................... ........ 10 NOTES TO THE BASIC FINANCIAL STATEMENTS................................................ 11-46 REOlJIIlEI> SlJJ>J>LEMENTAIlY INFOIlMATlON OTHEIl THAN MI>&A BUDGET TO ACTUAL COMPARISON - MAJOR FUNDS (General and Special Revenue Funds) Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Summary Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Detailed Statement........................ ............................................. 48-50 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Summary Statement................................................................ 51 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Detailed Statement 52 BUDGET TO ACTUAL COMPARISON - OTHER NON-MAJOR GOVERNMENTAL FUNDS Special Revenue Funds: Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Inspection Fee Fund - Detailed Statement... ... ... ... ... ... ... ... ...... ... ... ... ...... ... ... ... ... .. 53 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Inspection Fee Fund - Detailed Statement.................................... ....................... 54-55 16/ TABLE OF CONTENTS (CONTINUED) ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Independent Auditor's Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Independent Auditor's Report to Management...... ............ ..................... ... ................... Management's Response to Independent Auditor's Report to Management.. . .. . . . . . . . . . . . . . .. . . . . . .. . . . . . . .. . .. . . . . .. . . . . . . . ... . . . . . . . . . . . . . .. . . . . . . 1 n lIh11j" 5 Pagels) 56-57 5 8-60 Exhibit '.',~ !I; ~ t.. f.> 1 ! B ~ ',i Affiliations ~9 Florida Institute of Certified Public Accountants STROEMER TUSCAN & COMP ANY~ P A American Institute of Certified Public Accountants Management Consulting Services Division Private Companies Practice Section Tax Division CERTIFIED PUBLIC ACCOUNT ANTS I CONSULTANTS INDEPENDENT AUDITOR'S REPORT Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the accompanying basic financial statements of North Naples Fire Control and Rescue District (the "District") as of September 30,2005 and for the year then ended. These basic financial statements are the responsibility ofthe District's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We did not audit the financial statements of North Naples Fire Control and Rescue District Firefighters' Pension Fund, which represent 100% of the assets as well as 100% of the revenue and expenses of the District's Fiduciary Fund. Those financial statements were audited by other auditors whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for North Naples Fire Control and Rescue District Firefighters' Pension Trust Fund is based on the report of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, based on our audit and the report of other auditors, the basic financial statements referred to above present fairly, in all material respects, the financial position of North Naples Fire Control and Rescue District as of September 30, 2005, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. I:'\iTEGRITY.... .KNOWl.EDGE.... .SERVICE.... .COMMITMENT 8961 CONFERENCE DRIVE, SUITE 2. FORT MYERS, FL 33919 (23lJ) 433~ I 002 . Fax (2.W) 433~0249 . Weh Site: stepas.biz 161 1 B 5 Board of Commissioners North Naples Fire Control and Rescue District Page 2 In accordance with Government Auditing Standards, we have also issued our report dated February 10, 2006, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grants, and other matters. The purpose of that report is to describe the scope of our testing of the internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. The Management's Discussion and Analysis on pages i-x is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the Management's Discussion and Analysis. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the District's basic financial statements taken as a whole. The required supplementary information other than MD&A on pages 47-52 described in the accompanying table of contents is presented for the purposes of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. Such information has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. ! Lfd' ? A-. STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida February 10, 2006 . 61 1 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) . 1 B ~ , ,~\ ~ 1 Management's Discussion and Analysis Of Financial Statements FYE 9-30-05 This Discussion and Analysis of the North Naples Fire Control & Rescue District's ("The District") financial statements is provided to assist the reader understand the District's financial activities, significant changes in and ending financial position for the fiscal year ended September 30,2005. The District implemented the requirements of GASB Statement #34 for the fiscal year ended September 30, 2004. This statement dramatically changed the District's annual reporting requirements, as well as the financial statement format and presentation. Contained within are the basic financial statements, consisting of the government-wide financial statements, governmental fund financial statements and notes to the financial statements. This Discussion and Analysis will also provide an analytical overview of these statements, including comparisons of the District's financial position at September 30, 2005 versus September 30, 2004. District Highlights 1. At the conclusion of fiscal year 2005, the District's assets exceeded its liabilities, resulting in net assets of$19,581,934, as compared to net assets at September 30, 20040f$15,628,288. 2. The District's total net assets increased $3,953,646, as compared to an increase of $2,411,954 in total net assets as of September 30,2004. 3. The District had $6,289,921 of unrestricted net assets that can be used to meet the District's ongoing obligations, as compared to $4,769,419 at September 30,2004. The amount of unrestricted net assets increased by $1,520,502. 4. Total revenues in the governmental funds increased $2,926,436 or 16 percent, in comparison to the prior year. 5. Total expenditures in the governmental funds increased $5,213,142, or 35 percent, in comparison to the prior year. Government-wide Financial Statements Government-wide financial statements (Statement of Net Assets and Statement of Activities found on pages 3 and 4) are intended to allow a reader to assess a government's operational accountability. Operational accountability is defined as the extent to which the government has met its operating objectives efficiently and effectively, using all resources available for that purpose, and whether it can continue to meet is objectives for the foreseeable future. Government-wide financial statements concentrate on the District as a whole and do not emphasize fund types. The Statement of Net Assets (page 3) presents information on all of the District's assets and liabilities, with the difference between the two reported as net assets. The District's capital assets are included in this statement and reported net of their accumulated depreciation. The Statement of Activities (page 4) presents revenue and expense information showing how the District's net assets changed during the fiscal year. Both statements are measured and reported using the economic resource measurement focus (revenues and BJPlbp 3-28-06/4-07-06 161 1 D u 5 expenses) and the accrual basis of accounting (revenue recognized when earned and expense recognized when incurred). Governmental Fund Financial Statements The accounts of the District are organized on the basis of governmental funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. Governmental fund financial statements (found on pages 5 and 7) are prepared on the modified accrual basis using the current financial resources measurement focus. Under the modified accrual basis of accounting, revenues are recognized when they become measurable and available as net current assets. Notes to the Financial Statements The notes to the financial statements explain in detail some of the data contained in the preceding statements and begin on page 11. These notes are essential to a full understanding of the data provided in the government-wide and fund financial statements. Government-Wide Financial Analysis The government-wide financial statements were designed so that the user could determine if the District's financial condition is better or worse than the prior year. Condensed Summary of Net Assets-Primary Government FYE 9-30-05 and 9-30-04: Assets: Current and Other Assets Capital Assets Total Assets Summary of Net Assets September 30, 2005 and September 30, 2004 Totals 9-30-05 Totals 9-30-04 $10,223,850 $ 8,276,708 14.263,885 11,011,482 $24,487,735 $19.288,190 Liabilities: Current Liabilities Non-Current Liabilities Total Liabilities $ 3,124,054 1,781,747 4,905,801 $ 2,881,004 778,898 3,659,902 Net Assets: Invested in Capital Assets, Net of Related Debt Restricted Unrestricted Total Net Assets 13,292,013 -0- 6.289,921 19,581,934 10,858,869 -0- 4,769,419 15,628.288 $ 19.288.190 Total Liabilities and Net Assets $24.487.735 BJPlbp 3-28-06/4-07-06 11 p 1 1 [1 i"'~l 0 ~4 Il<. ,...'1 . ~'l .. . LJ Current and other assets represent 41.8 percent of total assets at September 30, 2005, as compared to 42.9 percent at September 30, 2004. Current assets at September 30, 2005 are comprised of unrestricted cash balances of $1,829,286, restricted cash of $2,921,538 and other assets of $5,473,026. The balances of unrestricted cash represent amounts that are available for spending at the discretion of the Board of Fire Commissioners of the District. Restricted cash balances are comprised of the impact fee funds restricted for the purchase of capital assets. The investment in capital assets, net of related debt, represent 67.9 percent of net assets at September 30, 2005, as compared to 69.5 percent at September 30, 2004. These assets are comprised of land, buildings, improvements, equipment, furniture, and vehicles, net of accumulated depreciation, and the outstanding related debt used to purchase the assets. The unrestricted net asset balance of $6,289,921 represents resources available for spending. Summary of Revenues, Expenses and Changes in Net Assets For the Year Ended September 30, 2005 and September 30, 2004 Revenues: General Revenues Ad Valorem Taxes Charges for Services Miscellaneous Impact Fees Investment Earnings Other Amount 9-30-05 Amount 9-30-04 $18,561,542 965,848 $16,857,604 953,899 1,000,602 298,541 512,082 170,793 127,585 306,348 Total Revenues 21,338,615 18,416,229 Expenses: Public Safety-Fire/ Rescue Services 17,3 84,969 16,004,275 Increase in Net Assets 3,953,646 2,411,954 Net Assets-Beginning of Year 15,628,288 2,310,819 Cumulative Effect - Change in Accounting Principle -0- Net Assets $ 19.581.934 10,905,515 $ 15.628.288 BJPtbp 3-28-06/4-07-06 III 161 18 The assessed value of the property within the District increased 10 percent over the prior year's assessed value, resulting in an increase in Ad Valorem tax revenues. Although the increase in assessed value for 2004-2005 was 7 percent less than the 17 percent increase for the 2003-2004 fiscal year, assessed property values within the District have increased by $8,672,256,431 or 84 percent in the past five years. Due to the District's rate of growth, there has been no increase to the millage rate in over twenty years. The increase in Ad Valorem revenue resulting from the increase in property value has been sufficient to provide adequate funds to support operational, capital and reserve financial requirements without increasing the millage rate. The following charts identify the increase in appraised property values in the District and the millage rate maintained by the District for the 2005 and 2004 fiscal years. Property Values and Millage Assessed - 2005 Fiscal Year $5,000,000,000 5.0 $25,000,000,000 4.5 $20,000,000,000 4.0 3.5 $15,000,000,000 3.0 2.5 - Appraised Property Value -- Millage Rate $10,000,000,000 2.0 1.5 1.0 0.5 $- 0.0 2001 2002 2003 2004 2005 BJPlbp 3-28-06/4-07-06 IV ~. 1;11 5 Property Values and Millage Assessed ~ 2004 Fiscal Year $8,000,000,000 5 $20,000,000,000 $18,000,000,000 4.5 $16,000,000,000 4 $14,000,000,000 3.5 $12,000,000,000 3 $10,000,000,000 2.5 - Appraised Property Value -+- Millage Rate 2 $6,000,000,000 1.5 $4,000,000,000 $2,000,000,000 0.5 $- o 2000 2001 2002 2003 2004 Fund Balance - Governmental Fund Financial Statements Staffhas worked hard to meet the Board of Fire Commissioners' directive to increase the fund balance and cash reserve of the General Fund to solidify the District's financial position. The total fund balance of the General Fund, comprised of both designated and undesignated reserves, was $6,704,566 at September 30,2005. This fund balance represents an increase of$1,650,996 over the total fund balance of the General Fund at September 30, 2004. BJPlbp 3-28-06/4-07-06 v 161 18 . ".-:.:.. ,'fC'~" As evidenced by the chart below, the District's General Fund fund balance has increased $5,869,199 or over 700 percent since 1995. General Fund Fund Balance 1995 - 2005 8000000 7000000 6000000 5000000 4000000 3000000 2000000 1000000 o Fund Balance . Fiscal Year Ended .9/30/95 [J 9/30/96 [J 9/30/97 .9/30/98 .9/30/99 .9/30/00 o 9/30/01 .9/30/02 .9/30/03 [J 9/30/04 ---..-------- .9/30/05 $835,367 ---------------------..- $1,106,153 ------------- $976,770 $893,959 ----------------- $958,186 $556,314 $551,496 $483,081 $2,130,059 $5,053,570 $6,704,566 BJPibp 3-28-06/4-07-06 VI 1) ~:l t,'.....1- f 5 Impact Fees Impact fee receipts for the year ended September 30, 2005 represent an increase of $48,806, or 4 percent, over the prior fiscal year. The increase in impact fees for the year ended September 30, 2004 was $182,806, or 18 percent in comparison to the prior year. Thus, the increase in impact fees received in the 2004-2005 fiscal year was substantially less than the increase recognized the prior fiscal year. The Board of Fire Commissioners recognizes that the growth in the District has been significant over the last several years, and eventually the District will reach a point where the growth and resulting impact fees will substantially decrease. This eventual reduction in impact fees is reflected in the District's Five Year Strategic Plan. Inspection Fees Inspection fee receipts for the year ended September 30, 2005 represent an increase of $23,683, or 3 percent over the prior fiscal year, as compared to an increase of $164,060, or 27 percent over the fiscal year ended September 30,2003. These inspection fees are received by the District for inspections performed on new construction, and are therefore a function of the number of new structures built and completed in the District. Budgetary Highlights Budget versus actual comparisons are reported in the required supplementary information other than management discussion and analysis on pages 48 through 56. Differences between the original adopted and final amended budget in the General Fund were largely due to the negotiation of the Collective Bargaining Agreement with Firefighters' Local 2297 effective October 1,2004 (retroactively) through September 30, 2007, resulting in increases to benefits and wages. Other significant factors include a change from a fully insured health insurance plan to a partially self funded plan, resulting in a savings to the District of over $400,000, the creation and implementation of a District vehicle maintenance facility and a significant increase in interest income resulting from higher interest rates and longer investment periods than anticipated. BJPlbp 3-28-06/4-07-06 VB 161 1 B' Capital Assets Non-depreciable capital assets include land and construction in progress. Depreciable assets include buildings, improvements other than buildings, equipment, furniture and vehicles. The following is a schedule of the District's capital assets as of September 30,2005 and 2004. Capital Assets September 30, 2005 and 2004 Capital Assets Land Construction in Progress Total Capital Assets not Depreciated Amount - 2005 $3,663,192 760,400 4,423,592 Amount - 2004 $ 1,983,430 756,333 2,739,763 Buildings Fixed Assets Acquired Under Capital Lease Vehicles Office Equipment Equipment & Machinery Total Capital Assets Being Depreciated Accumulated Depreciation Buildings Fixed Assets Acquired Under Capital Lease Vehicles Office Equipment Equipment & Machinery Total Accumulated Depreciation Total Capital Assets being Depreciated, Net Capital Assets - Net of Depreciation 7,078;386 7,024,247 318,496 6,584,663 912,557 2,029,078 16,923,180 318,496 4,637,716 784,247 1,753,980 14,518,686 (1,966,432) ( 188,240) ( 3,201,051) ( 443,098) ( 1,284,066) ( 7,082,887) ( 1,730,839) ( 32,738) ( 2,913,390) ( 400,593) ( 1,169,407) ( 6,246,967) 9,840,293 $ 14.263.885 8,271,719 $ 11.011.482 Significant capital asset purchases made during the fiscal year ended September 30, 2005 include: 1. Vacant land as a site for the possible replacement of Station #40 and/or a vehicle maintenance facility and storage facility in the amount of$I,811,762, of which BJPlbp 3-28-06/4-07-06 Vlll 1 ') $177,000 was expended in the prior fiscal year as a deposit on the purchase contracts; 2. One reserve fire engine in the amount of $246,720, one replacement midmount aerial fire apparatus with a larger pumping capacity in the amount of $619,425 and one replacement, upgraded aluminum ladder fire apparatus in the amount of $888,097 ; 3. Welder, compressor and lift for the new shop maintenance facility in the total amount of $62,296; 4. Twelve toughbook laptop computers to be installed and utilized in all of the District's fire apparatus to provide mapping, pre-fire plans and other information at an emergency scene in the total amount of$164,902; 5. Twelve toughbook laptop computers to be installed in the fire inspectors' vehicles to provide on site fire codes, forms and the ability to enter inspection information; and 6. Seven replacement vehicles for existing fire inspectors and Chief Officers and one new vehicle for the shop maintenance facility, all totaling $212,205. For additional information on the District's capital assets, see Note F on pages 30 and 31. Debt Administration As of September 30, 2005, the District had $1,880,724 of outstanding debt, as compared to $827,884 at September 30,2004. That debt consists of: I. The balance on a note payable to a financial institution in the amount of $103,627 for the financing of a fire engine. The note originated in 2000, was refinanced in 2003 at a lower interest rate, and will be paid in full following the annual payment of $54,785.52 due December 2006. By refinancing the note in 2003, the District saved in excess of $7,000 in interest costs. 2. The balance on a note payable to a financial institution in the amount of $868,245 for the purchase of the vacant land noted above. This debt was incurred in October of 2004, is payable in monthly installments of $6,541.81 at an interest rate of 3.54% through October of2009, with a lump sum payment due November 1, 2009 in the amount of $662,444. 3. Compensated absences (accrued vacation liability) in the amount of $908,852, as compared to $675,271 at September 30, 2004. The increase in this liability is due to the wage increases pursuant to the Collective Bargaining Agreement between the District and the Professional Firefighters' Local 2297 effective October 1, 2004. Economic Facts and Next Year's Budget Millage Rates The following factors were taken into consideration when the budget for the fiscal year ending September 30,2006 was prepared: 1. Appraised property values increased by $2,881,072,382 or 15 percent in 2005 as compared to an increase of 10 percent in 2004. The District expects property values to continue to increase over the next five years, but is mindful that a more BJPlbp 3-28-06/4-07-06 IX " .~ n,l, conservative increase may occur than has been experienced in the past, based on the percentage of increase in property values over the last five years. The District will maintain its millage rate at 1 mill ($1.00 for each $1,000 of appraised property value) for the fiscal year ending September 30, 2006. 2. The District plans to open Stations #48 and #49 within the next two years. As a result, the General Fund Budget for 2005-2006 includes cost provisions for seventeen new positions, including twelve additional firefighters, two training officers, two Deputy Chiefs and a computer network administrator to support these new stations. 3. The purchase of a replacement rescue boat totaling $160,350. 4. The relocation or expansion of administrative headquarters to support the increased support staff of the District. The 2005-2006 budget reflects an allotment of $300,000 to initiate this project. 5. Station improvements in the total amount of $439,000 reflecting the replacement of station generators, air conditioning units, hot water heaters and phone systems. Request for Information This financial report is designed to provide the reader an overview of the District. Questions regarding any information provided in this report should be directed to: Becky Pogan, Director of Finance, North Naples Fire Control & Rescue District, 1885 Veteran's Park Drive, Naples, FL 34109,239-597-3222, e-mail: bpogan@northnaplesfire.com. BJPlbp 3-28-06/4-07-06 x p:r: 5 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STA TEMENT OF NET ASSETS September 30,2005 ASSETS Current assets: Cash and cash equivalents Restricted cash and cash equivalents Due from other governments Other receivables Other assets Total current assets Noncurrent assets: Investments Capital assets: Land Construction in progress Depreciable buildings, equipment, and vehicles (net of $7,082,887 accumulated depreciation) Total noncurrent assets TOTAL ASSETS LIABILITIES Current liabilities: Accounts payable and accrued expenses Accrued interest payable Contract deposits Deferred revenue - impact fees Current portion of long-term obligations Total current liabilities Noncurrent liabilities: Noncurrent portion oflong-term obligations TOTAL LIABILITIES NET ASSETS Investment in capital assets, net of related debt Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS The accompanying notes are an integral part of this statement. 18 Page 3 of 60 Governmental Activities $ 1,829,286 2,921,538 370,229 36,007 66,790 5,223,850 5,000,000 3,663,192 760,400 9.840.293 19.263.885 $ 24,487,735 $ 459,175 5,582 6,000 2,554,320 98,977 3,124,054 1,781,747 4,905,801 13,292,013 6,289,921 19,581,934 $ 24,487,735 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF ACTIVITIES Year Ended September 30, 2005 EXPENSES Governmental Activities Public Safety - Fire Protection Personal services Operating expenses Depreciation Loss on disposition of fixed assets Interest and fiscal charges TOTAL EXPENSES - GOVERNMENTAL ACTIVITIES PROGRAM REVENUES Charges for services Operating grants and contributions NET PROGRAM EXPENSES GENERAL REVENUES Ad Valorem taxes Impact fees Interest Other TOTAL GENERAL REVENUES INCREASE IN NET ASSETS NET ASSETS - Beginning of the year NET ASSETS - End of the year The accompanying notes are an integral part of this statement. IbJ I~Bf' 5 Page 4 of 60 Governmental Activities $ 13,553,707 2,816,642 924,382 51,074 39,164 17,384,969 965,848 127,986 16,291,135 18,561,542 1,000,602 298,541 384,096 20,244,781 3,953,646 15,628,288 $ 19,581,934 .16 i 185 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT BALANCE SHEET-GOVERNMENTAL FUNDS September 30,2005 Page 5 of 60 Total General Impact Fee Inspection Fee Governmental Fund Fund Funds Funds ASSETS Cash and cash equivalents $ 1,829,286 $ $ $ 1,829,286 Restricted cash and cash equivalents 2,420,002 501,536 2,921,538 Investments 5,000,000 5,000,000 Due from other governments 173,174 139,153 57,902 370,229 Due from other funds 59,649 59,649 Other receivables 36,007 36,007 Other assets 66,790 66,790 TOTAL ASSETS $ 7,164,906 $ 2,559,155 $ 559,438 $ 10,283,499 LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable and accrued expenses $ 454,340 $ 4,835 $ $ 459,175 Due to other funds 59,649 59,649 Contract deposits 6,000 6,000 Deferred revenue - impact fees 2,554,320 2,554,320 TOTAL LIABILITIES 460,340 2,559,155 59,649 3,079,144 FUND BALANCE Unreserved, reported in: General Fund: Designated 2,520,006 2,520,006 U ndesignated 4,184,560 4,184,560 Special Revenue Funds: Designated 499,789 499,789 TOTAL FUND BALANCE 6,704,566 499,789 7,204,355 TOTAL LIABILITIES AND FUND BALANCE $ 7,164,906 $ 2,559,155 $ 559,438 $ 10,283,499 The accompanying notes are an integral part of this statement. 11 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT RECONCILIA TION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2005 Total fund balance for governmental funds Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. Capital assets not being depreciated: Land Construction in progress Governmental capital assets being depreciated: Building, Equipment and Vehicles Less accumulated depreciation Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds. Note Payable Capital lease payable Accrued interest payable on long term debt Compensated absences Total net assets of governmental activities The accompanying notes are an integral part of this statement. 3,663,192 760,400 16,923,180 (7,082,887) (868,245) (103,627) (5,582) (908,852) ..II D ,b 5 Page 6 of 60 Amount $ 7,204,355 4,423,592 9,840,293 (1,886,306) $19,581,934 16 I 1 :"'" B L 'J~ ": ....- NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 7 of 60 STATEMENT OF REVENUES, EXPENDITURES AND CHANGESINFUNDBALANCE-GOVERNMENTALFUNDS Year Ended September 30,2005 Total General Impact Fee Inspection Fee Governmental Fund Fund Fund Funds REVENUES Ad Valorem taxes $ 18,561,542 $ - $ - $ 18,561,542 Intergovernmental revenue 127,986 127,986 Charges for services: Inspection fees and other 163,548 802,300 965,848 Impact fees 1,000,602 1,000,602 Disposition of fixed assets 4,050 4,050 Miscellaneous: Interest 233,074 55,489 9,978 298,541 Other 384,096 384,096 TOTAL REVENUES 19,474,296 1,056,091 812,278 21,342,665 EXPENDITURES Current Public safety Personal services 12,666,010 654,116 13,320,126 Operating expenditures 2,768,309 18,680 29,653 2,816,642 Capital outlay 3,174,658 1,037,411 19,840 4,231,909 Debt service Principal reduction 93,241 93,241 Interest and fiscal charges 33,582 33,582 TOTAL EXPENDITURES 18,735,800 1,056,091 703,609 20,495,500 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 738,496 108,669 847,165 OTHER FINANCING SOURCES (USES) Proceeds from debt 912,500 912,500 912,500 912,500 EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES 1,650,996 108,669 1,759,665 FUND BALANCE - Beginning of the year 5,053,570 391,120 5,444,690 FUND BALANCE - End of the year $ 6,704,566 $ $ 499,789 $ 7,204,355 The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended September 30, 2005 Net change (revenues and other financing sources over expenditures and other financing uses) in fund balance - total governmental funds The increase (change) in net assets reported for governmental activities in the Statement of Activities is different because: Governmental funds report capital outlays as expenditures. In the Statement of Activities, however, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. The loss on disposal of fixed assets reduces the increase in net assets. Expenditures for capital assets Less: disposition of capital assets Accumulated depreciation on disposed capital assets Less: current year depreciation The issuance of debt is reported as a financing source in governmental funds and thus contributes to the change in fund balance. In the Statement of Net Assets, however, issuing debt increases long-term liabilities and does not affect the Statement of Activities. Similarly, repayment of principal is an expenditure in the governmental funds but reduces the liability in the Statement of Net Assets. Proceeds from debt: Note Payable Repayments (principal retirement): Note Payable Capital lease Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds. Accrued interest payable on long term debt Increase in compensated absences Increase in net assets of governmental activities The accompanying notes are an integral part of this statement. 4,231,909 (143,586) 88,462 (924,382) (912,500) 44,255 48,986 (5,582) (233,581) t BI< 5 Page 8 of 60 Amount $ 1,759,665 3,252,403 (912,500) 93,241 (239,163) $ 3,953,646 161 I. '.i ..0...".." .5" ~ ~ <-4 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF FIDUCIARY NET ASSETS - FIDUCIARY FUND September 30, 2005 Page 9 of 60 Firefighters I Pension Fund ASSETS Cash and cash equivalents $ 583,466 Investments, at fair value: Common stocks 3,260,774 U. S. Government securities 976,316 Corporate bonds 1,247,979 Due from other governments 223,348 Other assets 36,050 TOTAL ASSETS $ 6,327,933 LIABILITIES AND NET ASSETS LIABILITIES Accounts payable and accrued expenses $ 5,757 TOTAL LIABILITIES 5,757 NET ASSETS Held in trust for pension benefits and other purposes 6,322,176 TOTAL NET ASSETS 6,322,176 TOTAL LIABILITIES AND NET ASSETS $ 6,327,933 The accompanying notes are an integral part of this statement. -j B~.. 5 t NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - FIDUCIARY FUND Year Ended September 30, 2005 Page 10 of60 Firefighters I Pension Fund ADDITIONS Contributions: Employer $ 887,191 Plan members, made by employer on behalf of employee 21,333 State of Florida, insurance premiums 608,709 Total contributions 1,517,233 Investment income: Net appreciation in fair value of investments 221,514 Interest and dividends 162,170 383,684 Less: investment expenses (48,627) Net investment income 335,057 TOTAL ADDITIONS 1,852,290 DEDUCTIONS Refund of contributions Administrative expenses 52,274 TOTAL DEDUCTIONS 52,274 NET INCREASE IN NET ASSETS 1,800,016 NET ASSETS - BEGINNING 4,522,160 NET ASSETS - ENDING $ 6,322,176 The accompanying notes are an integral part of this statement. 'jJ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 11 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Or2anization North Naples Fire Control and Rescue District (the "District") is an independent special taxing district located in northern Collier County, Florida. The District was originally established by Laws of Florida, Chapter 61-2032 and Florida Statute 633.15, then reestablished by Laws of Florida Chapter 84-416, as amended. The District's governing legislation was recreated, reenacted and .codified by Laws of Florida, Chapter 99-450 on July 13, 1999. The District is governed by a five (5) member elected Board of Commissioners. Commissioners serve on a staggered four (4) year term basis. The District provides fire control and protection services, fire safety, inspections, code enforcement, fire hydrant maintenance, firefighter training, and crash and fire rescue services as well as basic life support services. In providing these services, the District operates and maintains seven (7) stations and the related equipment and employs approximately 140 full-time professional firefighters and administrative staff. Renortin2 Entitv The District adheres to Governmental Accounting Standards Board (GASB) Statement Number 14, "Financial Reporting Entity," (GASB 14) as amended by GASB Statement Number 39, "Determining Whether Certain Organizations Are Component Units" (GASB 39). This Statement requires the financial statements of the District (the primary government) to include its component units, if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria established in GASB 14, as amended, there are no component units required to be included. Therefore, no component units are included in the District's financial statements. 161 1 B 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS Septem ber 30, 2005 Page 12 of 60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the activities of the District and do not emphasize fund types. These governmental activities comprise the primary government. General governmental and intergovernmental revenues support the governmental activities. The purpose of the government-wide financial statements is to allow the user to be able to determine if the District is in a better or worse financial position than the prior year. The effect of all interfund activity between governmental funds has been removed from the government-wide financial statements. Government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the pension fund financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange-like transactions are recognized when the exchange takes place. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements ofGASB Statement 33, "Accounting and Financial Reporting for Nonexchange Transactions" (GASB 33). Amounts paid to acquire capital assets are capitalized as assets in the government-wide financial statements, rather than reported as expenditures. Proceeds of long-term debt are recorded as liabilities in the government-wide financial statements, rather than as other financing sources. Amounts paid to reduce long-term indebtedness of the reporting government are reported as a reduction of the related liability in the government-wide financial statements, rather than as expenditures. II J 85 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 13 of 60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government-wide Financial Statements. continued The Statement of Activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function, and 2) grants and contributions that are restricted to meeting the operational or capital improvements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. Program revenues are considered to be revenues generated by services performed and/or by fees charged such as inspection fees, burn permits, and hydrant tests. Fund Financial Statements The accounts of the District are organized on the basis offunds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the District's governmental and fiduciary funds are presented after the government-wide financial statements. These statements display information about major funds individually and nonmajor funds in aggregate for governmental funds. The fiduciary statement includes financial information for the firefighters' pension fund. The fiduciary fund represents assets held by the District in a custodial capacity for the benefit of other individuals. Governmental Funds When both restricted and unrestricted resources are combined in a fund, expenditures are considered to be paid first from restricted resources, as appropriate, and then from unrestricted resources. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collected within the current period or soon thereafter to pay liabilities of the current period. 161 1 B 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 14 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Governmental Funds. continued The District's major funds are presented in separate columns on the governmental fund financial statements. The definition of a major fund is one that meets certain criteria set forth in GASB 34. The funds that do not meet the criteria of a major fund are considered non-major funds and are combined into a single column on the governmental fund financial statements. Separate financial statements are provided for governmental funds. Major individual governmental funds are reported in separate columns on the fund financial statements. Fiduciary Fund The pension trust fund accounts for the activities of the Firefighters' Pension Plan, which accumulates resources for the pension benefit payments to qualified firefighters. Measurement Focus and Basis of Accountine: Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. Governmental fund financial statements are reported using the current financial resources management focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period and soon enough thereafter to pay liabilities of the current period. For this purpose, the District considers tax revenues to be available if they are collected within sixty days of the end of the current fiscal period. - 1. B~ 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 15 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Measurement Focus and Basis of Accountim!:. continued Revenues susceptible to accrual are property taxes, interest on investments, and intergovernmental revenues. Property taxes are recorded as revenues in the fiscal year in which they are levied, provided they are collected in the current period or within sixty days thereafter. Interest on invested funds is recognized when earned. Intergovernmental revenues that are reimbursements for specific purposes or projects are recognized when all eligibility requirements are met. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) principal and interest on the general long-term debt, if any, is recognized when due; and (2) expenditures are generally not divided between years by the recording of prepaid expenditures. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed. Separate financial statements are provided for governmental funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Non-current Government Assets/Liabilities GASB 34 requires non-current governmental assets, such as land and buildings, and non-current governmental liabilities, such as notes payable and capital leases to be reported in the governmental activities column in the government-wide Statement of Net Assets. Maior Funds The District reports the following major governmental funds: The General Fund is the District's primary operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund. \..,;.:.;:/ r~ 5 Page 16 of60 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Maior Funds. continued The Impact Fee fund consists of fees imposed and collected by Collier County based on new construction within the District. The fees are restricted and can only be used for certain capital expenditures associated with growth within the District. Fiduciary Fund Fiduciary funds are excluded in the government-wide financial statements, because the resources of those funds are not available to support the District's programs. The only type of fiduciary funds the District maintains is a Firefighters' Pension Plan Fund, which accounts for retirement assets held by the Plan that are payable to qualified firefighters upon retirement. Non-Maior Fund The District reports the following non-major fund: The Inspection Fee Fund is used by the District to account for the receipt and expenditures of its Inspection Fee Program. Fees are charged for the inspection of new building construction. The fees are collected by Collier County and are distributed by the East Naples Fire Control and Rescue District to the other participating Districts. 61 185 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 17 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Bud2etarv Information The District has elected to report budgetary comparison of major funds as required supplementary information (RSI) as well as its non-major fund. Investments The District adheres to the requirements of Governmental Accounting Standards Board (GASB) Statement Number 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools," ( GASB 31) in which all investments are reported at fair value. Investments, including restricted investments, consist of certificates of deposit, U. S. Government securities, corporate debt securities, and securities of government agencies unconditionally guaranteed by the U. S. Government. Capital Assets Capital assets which include land, construction in progress, buildings, equipment and vehicles are reported in the government-wide financial statements in the Statement of Net Assets. The District follows a capitalization policy, which calls for capitalization of all fixed assets that have a cost or donated value of $1,000 or more and have a useful life in excess of one year. All capital assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair market value on the date donated. Public domain (infrastructure) capital assets consisting of certain improvements other than building, including curbs, gutters and drainage systems, are not capitalized, as the District generally does not acquire such assets. No debt-related interest expense is capitalized as part of capital assets in accordance with GASB #34. Maintenance, repairs and minor renovations are not capitalized. The acquisition of land and construction projects utilizing resources received from Federal and State agencies are capitalized when the related expenditure is incurred. 161 lIf'S NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 18 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Cavital Assets. continued Expenditures that materially increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement, the cost is eliminated from the respective accounts. Expenditures for capital assets are recorded in the fund statements as current expenditures. However, such expenditures are not reflected as expenditures in the government-wide statements, but rather capitalized and depreciated. Depreciable capital assets are depreciated using the straight-line method over the following estimated useful lives: Asset Buildings Fixed Assets acquired under Capital Lease Office Equipment Vehicles Equipment and Machinery Years 15-30 10 3-30 3-10 3-15 Bud2ets and bud2etarv accountin2 The District adopted an amended annual budget for the General Fund, which included budgeted expenditures over revenues and other financing sources of $331,462 which was expected to be funded through the use of prior year carryover. The District adopted annual budgets for the Special Revenue Funds, the Impact Fee Fund and the Inspection Fee Fund, which included budgeted expenditures over revenues of $248,473 in the Impact Fee Fund and budgeted expenditures over revenues of$199,113 in the Inspection Fee Fund. The budgeted deficit in the Impact Fee Fund was expected to be funded through the use of deferred revenues and the budgeted deficit in the Inspection Fee Fund was expected to be funded through the use of prior year carryover. ~16 I 1 ~ 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 19 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Bud2:ets and bud2:etarv accountin2:. continued The District follows these procedures in establishing budgetary data for the General Fund, the Impact Fee Fund, and the Inspection Fee Fund: 1. During the summer of each year, the District Fire Chief submits to the Board of Commissioners a proposed operating budget for the fiscal year commencing on the upcoming October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. The budget is adopted by approval of the Board of Commissioners. 4. Budget amounts, as shown in these basic financial statements, are as originally adopted or as amended by the Board of Commissioners. 5. The budget is adopted on a basis consistent with accounting principles generally accepted in the United States of America. 6. The level of control for appropriations is exercised at the fund level. 7. Appropriations lapse at year-end. Several budget amendments were approved by the Board of Commissioners during the fiscal year ended September 30, 2005. Budgeted expenditures in the General Fund were increased by $1,881,652, budgeted expenditures in the Impact Fee Fund were increased by $948,632, and budgeted expenditures in the Inspection Fee Fund were increased by $100,000. No budget was adopted or required to be adopted for the Pension Trust Fund. Imoact fees/deferred revenue The District levies an impact fee on new construction within the District. The intent of the fee is for growth within the District to pay for capital improvements needed due to the growth. The fee is imposed and collected by Collier County and remitted to the District. The fee is refundable if not expended by the District within six (6) years from the date of collection. The District, therefore, records this fee as restricted cash and as deferred :r.:,: 18 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 20 of 60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Due to/from other funds Interfund receivables and payables arise from interfund transactions and are recorded by funds affected in the period in which the transactions are executed. Due from other 20vernments No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. Compensated absences The District's employees accumulate annual leave based on the number of years of continuous service. Upon termination of employment, employees can receive payment of accumulated annual leave if certain criteria are met. The costs of accumulated annual leave benefits (compensated absences) are expended in the respective operating funds when payments are made to employees. However, the liability for all accrued vacation and personal leave benefits is recorded in the government-wide financial statements' Statement of Net Assets. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because, at present, it is not necessary in order to assure effective budgetary control or to facilitate effective cash planning and control. Mana2ement estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Fund eauitv In the governmental fund financial statements, reservation of fund balance indicates amounts that are limited for a specific purpose, are not appropriable for expenditure, or 161 1 B 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 21 of60 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Fund eauity. continued are legally segregated for a specific future use. Designations of fund balance represent tentative management plans. Unreserved, undesignated fund balance indicates funds that are available for current expenditure. Interfund transactions The District considers interfund receivables (due from other funds) and interfund liabilities (due to other funds) to be loan transactions to and from other funds to cover temporary (three months or less) cash needs. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are recorded as expenditures/expenses in the reimbursing funds and as reduction of expenditures/expenses in the fund that is reimbursed. NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of Differences Between the Governmental Funds Balance Sheet and the Government-wide Statement of Net Assets "Total fund balances" as reported on the District's Governmental Funds Balance Sheet of $7,204,355 differs from the "net assets" of governmental activities of$19,581,934 that are reported in the Statement of Net Assets. This difference primarily results from the long-term economic focus of the Statement of Net Assets versus the current financial resources focus of the Governmental Funds Balance Sheet. The effect of the difference is illustrated below. Capital related items When capital assets (land, construction in progress, buildings, office equipment, vehicles, and equipment and machinery that are to be used in governmental activities) are purchased or constructed, the cost of those assets is reported as expenditures in governmental funds. ill: )0 ;1 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 22 of 60 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Capital related items. continued However, the Statement of Net Assets includes those capital assets among the assets of the District as a whole at September 30, 2005. Amount Cost of capital assets Accumulated depreciation Total $ 21,346,772 (7,082,887) $ 14,263,885 Lone-term debt transactions Long-term liabilities applicable to the District's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities (both current and long-term) are reported in the Statement of Net Assets. Balances at September 30, 2005 were: Amount Note payable Capital lease payable Accrued interest on long-term debt Compensated absences Total $ (868,245) (103,627) (5,582) (908,852) $ (1,886,306) Explanation of Differences Between Governmental Fund Operating Statements and the Statement of Activities The "net change in fund balances" for governmental funds of$1,759,665 (revenues and other financing sources in excess of expenditures and other financing uses) differs from the "increase (change) in net assets" for governmental activities of$3,953,646 reported in the Statement of Activities. The differences arise primarily from the long-term economic focus of the Statement of Activities versus the current financial resources focus of the governmental funds. The effect of the differences is illustrated below: ]" fi ~I 1B5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Page 23 of 60 Caoital related items When capital assets are purchased or constructed for governmental activities, the resources expended for those assets are reported as expenditures in governmental funds. However, in the Statement of Activities, the costs of assets are allocated over their estimated useful lives and reported as depreciation expense. As a result, fund balances decrease by the amount of financial resources expended, whereas net assets decrease by the amount of depreciation expense charged for the year. Capital outlay - expenditures Less: disposition of capital assets Accumulated depreciation on disposed capital assets Depreciation expense Difference Amount $4,231,909 (143,586) 88,462 (924,382) $3,252,403 Lon2:-term debt transactions The issuance of debt is reported as a financing source in the governmental funds and thus contributes to the change in fund balance. In the Statement of Net Assets; however, issuing debt increases the long-term liabilities and does not affect the Statement of Activities. Amount Proceeds from debt: Note payable Total $ (912,500) $ (912,500) Repayments of principal on notes and capital leases are reported as an expenditure in the governmental funds and, thus, have the effect of reducing fund balance because current financial resources have been used. Principal payments reduce the liabilities in the Statement of Net Assets, but do not result in an expense in the Statement of Activities. Note payable - principal payments Capital lease payable - principal payments Accrued interest on long-term debt Current year increase in compensated absences Total Amount $ 44,255 48,986 (5,582) (233,581) $ (145,922) 161 ~".'i ~ ..1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 24 of 60 NOTE C - CASH AND CASH EQUIVALENTS Cash and cash equivalents of the primary government (exclusive of the Firefighters' Pension Trust Fund) were $4,750,824, of which $2,921,538 was restricted. Total cash and cash equivalents included cash on hand of $500 at September 30, 2005. Additionally, the Firefighters' Pension Trust Fund held restricted cash and cash equivalents of$583,466 at September 30,2005. Deposits The District's deposit policy allows deposits to be held in demand deposit, money market accounts and the Florida State Board of Administration - Local Government Surplus Trust Fund (SBA). All District depositories are institutions designated as qualified depositories by the State Treasurer at September 30, 2005. The District adheres to GASB Statement Number 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools. Under this Statement, the District has elected to show all investment at fair value, with the exception of the Local Government Surplus Funds Investment Pool Fund (State Board of Administration), an external 2A 7 - like investment pool. The Local Government Surplus Funds Investments Pool Trust Fund's shares are state at amortized cost, which approximates fair value. These investments are subject to the risk that the market value of an investment, collateral protecting a deposit or securities underlying a repurchase agreements, will decline. The Firefighters' Pension Trust Fund cash and cash equivalents were held by a financial and investment institution and insured up to certain limits specific to the trustee/custodian institution and retirement trust funds. 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 NOTE C - CASH AND CASH EQUIVALENTS, CONTINUED Deposits. continued Deposits consist of the following at September 30, 2005: District Carrying Amount Unrestricted General Fund Depository Accounts Money Market SBA Total General Fund $ 1,078,426 746,324 4,036 $ 1,828,786 Restricted Special Revenue Funds Impact Fee Depository Inspection Fee Depository Total Special Revenue Funds $ 2,420,002 501,536 $ 2,921,538 Pension Trust Fund Firefighters' Pension Depository Total Pension Trust Fund $ 583,466 $ 583,466 18 r' If~ :_}) ~-:::'~/ Page 25 of 60 Bank Balance $ 1,692,520 746,324 4,036 $ 2,442,880 $ 2,420,002 501,536 $ 2,921,538 Not Available Not Available The District's deposits were entirely covered by federal depository insurance or by collateral pursuant to the Public Depository Security Act (Florida Statute 280) of the State of Florida. Bank balances approximate market value. The District's deposits are categorized below to give an indication ofthe level of risk assumed at year-end. The District held no other types of deposits during the year ended September 30, 2005. The local Government Surplus Funds Trust Fund is not required to be categorized because the investments are not evidenced by securities that exist in physical or book entry form. The Firefighters Retirement Trust Fund are also covered by certain and specific insurance coverages as previously noted. .1 iHf 18 5 ", U NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 26 of 60 NOTE C - CASH AND CASH EQUIVALENTS, CONTINUED Restricted cash and eauivalents The following is a brief description of the restrictions on cash and cash equivalents: The Impact Fee account is used to account for the deposit of impact fees received and is restricted for certain capital asset acquisition associated with growth within the District. Impact fees are collected by Collier County for the District pursuant to County ordinance and District resolution. The Inspection Fee account is used to account for inspection fees collected by the District for performing fire inspections within the District. Such revenue is restricted for inspection service related costs. The Firefighters' Pension Trust Fund accounts for resources held to fund the respective firefighter employee pension benefits. NOTE D - INVESTMENTS District - Investments: Investments of the District (primary government)( exclusive of the Firefighters' Pension Trust Fund) were $5,000,000 at September 30,2005 and consisted of certificates of deposit designated as public funds with a qualified public depository, and were therefore covered entirely by collateral pursuant to the Public Depository Security Act (Florida Statute 280) of the State of Florida. Category I Includes investments that are insured or registered, or securities held by the District or its agents in the District's name, or held by the District's agents in a Depository Trust Company custodial account. There were no losses during the period due to default by counterparties to investment transactions, and the District and Firefighters' Pension Trust Fund had no other types of investments, during the year, other than those listed below. Market Value/Carrying Value Category I Category 3 Total Cost General Fund Certificates of deposit $ 5,000,000 $ $ 5,000,000 $ 5,000,000 Total General Fund $ 5,000,000 $ $ 5,000,000 $ 5,000,000 161 18 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 27 of 60 NOTE D - INVESTMENTS, CONTINUED Firefi2hters Pension Plan - Investments: Investments held in the Firefighters' Pension Plan totaled $5,485,069 (including $3,260,774 in equity securities and $2,224,295 in fixed income securities, at September 30, 2005. Such investments are controlled by Firefighters' Pension Board policy. This policy provides for investments in treasury notes, federal agency guaranteed securities, corporate bonds, notes and/or equities, and real estate. Investment Authorization: The Plan's investment policy is determined by the Board of Trustees. The policy has been identified by the Board to conduct the operations of the Plan in a manner so that the assets will provide the pension and other benefits provided under applicable laws, preserving principal while maximizing the rate of return. The Trustees are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common. Investment in all equity securities shall be limited to those listed on a major U. S. stock exchange and limited to no more than 62.5% (at market) of the Plan's total asset value. The equity position in anyone company shall not exceed 5% of the total portfolio at market. Investments in stock of foreign companies shall be limited to 10% of the value of the portfolio. No more than 15% of the equity securities are to be invested in small or mid-cap stocks. The fixed income portfolio shall be compromised of securities rated in the highest three (3) categories of quality by a major rating service. Except for Treasury and Agency obligations, the debt portion of the Fund shall contain no more than 10% of a given issuer irrespective of the number of differing issues. The current target allocation of these investments at market is as follows: Authorized investments Equities Fixed Income Target % of portfolio 60% 40% 16~ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 NOTE D - INVESTMENTS, CONTINUED Interest Rate Risk: ....,1 .' r,! ~;.:;\, Page 28 of 60 Interest rate risk is the risk that's changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to change in market interest rates. As a means of limiting its exposure to interest rate risk, the Plan diversifies its investments by security type and institution, and limits holdings in anyone type pf investment with anyone issuer with various durations of maturities. Information about the sensitivity of the fair values of the Plan's fixed income investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Plan's investment by maturity at September 30, 2005: Investment Maturities (in years) Investment Type Fair Value Less than 1 1 to 5 6 to 10 More than 10 U. S. agencies $ 976,316 $ $ 841,934 $ 134,382 $ Corporation bonds 1,247,979 150,945 1,065,830 31,204 $ 2,224,295 $ 150,945 $1,907,764 $ 165,586 $ Credit Risk: Credit risk is the risk that's s security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Plan's investment policy utilizes portfolio diversification in order to control this risk. The following table discloses credit rating by fixed income investment type, at September 30, 2005, if applicable: Fair Value u.s. government guaranteed* $ 976,316 Quality rating of credit risk debt securities AAA AA AA- A+ A A- Total credit risk debt securities $ 69,932 70,559 39,438 629,980 342,964 95,106 $1,247,979 Percentage of Portfolio 43.89% 3.15 % 3.17 1.77 28.32 15.42 4.28 51.87 % i) 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 29 of 60 NOTE D - INVESTMENTS, CONTINUED Concentration of Credit Risk: The investments policy of the Plan contains limitations on the amount that can be invested in anyone issuer as well maximum portfolio allocation percentages. There were no individual investment that represents 5% or more of plan net assets at September 30, 2005. Custodial Credit Risk: This is the risk that in the event of the failure of the counterparty, the plan will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. This risk is generally measured by the assignment of a rating by a nationally recognized statistical rating organization. Consistent with the Plan's investment policy, the investments are held by Plan's custodial bank and registered in the Plan's name. NOTE E - DUE TO/FROM OTHER FUNDS Interfund receivables and payables at September 30, 2005 are as follows: Fund Due from other funds Due to other funds General Fund: Inspection Fee Total General Fund $ 59,649 59,649 $ Special Revenue Funds: Inspection Fee General Total Special Revenue Funds 59,649 59,649 Total $ 59,649 $ 59,649 Interfund receivables and payables were eliminated for presentation purposes in the Statement of Net Assets for the year ended September 30,2005. -101 18 1/ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 30 of 60 NOTE F - CAPITAL ASSETS ACTIVITY The following is a summary of changes in capital assets activity for the year ended September 30, 2005: Balance at Balance at October I Increases! Decreases! Adjustments! September 30 2003 Additions Retirements Reclassifications 2004 Capital Assets Not Being Depreciated: Land $ 1,983,430 $1,679,762 $ - $ - $ 3,663,192 Construction in Progress 756,333 4,067 760,400 Total Capital Assets Not Being Depreciated 2,739,763 1,683,829 4,423,592 Capital Assets Being Depreciated: Buildings 7,024,247 54,139 7,078,386 Fixed Assets Acquired Under Capital Lease 318,496 318,496 Office Equipment 784,247 161,767 (33,457) 912,557 Vehicles 4,637,716 1,966,447 (19,500) 6,584,663 Equipment & Machinery 1.753,980 365,727 (90,629) 2,029,078 Total Capital Assets Being Depreciated 14,518,686 2,548,080 (143,586) 16,923,180 Less Accumulated Depreciation: Buildings (1,730,839) (235,593) (1,966,432 ) Fixed Assets Acquired Under Capital Lease (155,503) (32,737) (188,240) Office Equipment (400,593) (66,239) 23,734 (443,098) Vehicles (2,790,625) (426,991) 16,565 (3,201,051) Equipment & Machinery (lJ 69,407) (162,822 ) 48,163 (1,284,066) Total Accumulated Depreciation (6,246,967) (924,382) 88,462 (7,082,887) Total Capital Assets being Depreciated, Net 8,271,719 1,623,698 (55,124) 9,840,293 Capital Assets, Net $ 11,011,482 $3,307,527 $ (55,124) $ - $ 14,263,885 1t ~ n ~. 'i; ., .j ., NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 NOTE F - CAPITAL ASSETS ACTIVITY, CONTINUED Depreciation expense was charged to the following functions during the year ended September 30, 2005: General Government Total Depreciation Expense Amount $ (924,382) $ (924,382) NOTE G - LONG- TERM LIABILITIES "<If.:" Page 31 of 60 The following is a summary of changes in long-term liabilities for the year ended September 30, 2005: Balance Retirements Balance Amounts October 1 And September 30 Due Within 2004 Additions Adjustments 2005 One Year Note Payable - Series 2004 $ $ 912,500 $ (44,255) $ 868,245 $ 48,129 Capital Lease 152,613 (48,986) 103,627 50,848 Compensated Absences 675.271 233.581 908,852 $ 827,884 $ 1,146,081 $ (93,241) $ 1,880,724 $ 98,977 The following is a summary oflong-term payable obligations at September 30,2005: $912,500 note payable monthly for 59 months to a financial institution in the amount of $6,542 including interest at 3.54%, with a final payment of all unpaid principal and accrued interest on November 1, 2009. The note is collateralized by impact fees and non-ad valorem revenues of the District. $201,714 capitallease payable annually to a financial institution in the amount of $54,786 including interest at 3.8%, collateralized by the respective vehicle. Final payment due December 24,2006. Non-current portion of compensated absences. Employees of the District are entitled to paid vacation based on length of service and job classification. Amount $ 868,245 103,627 908,852 $ 1,880,724 16/ 18 5 Page 32 of60 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 NOTE G - LONG-TERM LIABILITIES, CONTINUED The annual debt service requirements for long-term debt obligations at September 30, 2005 were as follows: Year Ending Note Payable September 30 Interest Principal 2006 $ 30,373 $ 48,129 2007 28,616 49,885 2008 26,871 51,631 2009 24,912 53,589 2010 3,975 665,011 Total debt service $ 114,747 $ 868,245 Capital Lease Interest Principal $ 3,938 $ 2,007 50,848 52,779 Totals Interest Principal $ 34,311 $ 98,977 30,623 102,664 26,871 51,631 24,912 53,589 3,975 665,011 $ 120,692 $ 971,872 5,945 103,627 Accrued compensated absences 908,852 Total Long-Term Debt $1,880,724 NOTE H - OPERATING LEASE The District leases a building for its vehicle maintenance operation under a noncancelable operating lease. The lease was entered into during September 2004 and effective October 4, 2004. During September 2005, the District increased its leased space by 1500 square feet. As such, monthly rent is $5,100 per month beginning October 1, 2005. The District incurred rent expense related to this lease for the year ended September 30 of$45,245. Costs of$7,400 incurred were recorded as prepaid at September 30,2005, including the next month's rent of $3,600, utilities first month of $200 and lease deposit of $3,600. The lease terminates October 3, 2007. The lease, however, contains a three year term with certain options for renewal. The future minimum lease payments for this lease are as follows: Year Ending September 30 Amount 2006 $ 61,200 2007 61,200 Total $ 122,400 ~:i B 1 ..J~: NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 33 of 60 NOTE I - RETIREMENT PLANS The following two retirement plans have been established by the District: Plan 1 - Florida Retirement System (FRS) Plan 2 - Firefighters' Pension Trust Fund (Florida Statute 175) Employee participation in a specific plan is based on the respective employee's original hire date. Plan 1 - Plan descriution and urovisions - Florida Retirement System All District personnel employed prior to January 1, 1996 and all other District personnel (other than certified firefighters) hired on or after January 1, 1996 are participants in the statewide Florida Retirement System (FRS) under the Authority of Article X, Section 14 of the State Constitution and Florida Statutes, Chapters 112 and 121. The FRS is noncontributory and is totally administered by the State of Florida. The District contributed 100% of the required contributions for the years ended September 30,2005, 2004 and 2003. The District's covered payroll for the years ended September 30, 2005, 2004 and 2003 was $4,672,643, $4,304,825, and $3,962,046, respectively. The District's contributions to the Plan were $803,415, $708,028, and $609,833 for the years ended September 30, 2005, 2004 and 2003, respectively, which represents 17%,16%, and 15%, respectively, of covered payroll. Pension costs for the District ranged between 7% to 19% for the year ended September 30, 2005. There were no employee contributions to the Plan. Employees who retire at or after age 62 with 6 years of creditable service, 6 years of senior management service and age 62, 6 years of special risk service and age 55, or 30 years of service (25 for special risk) regardless of age, are entitled to a retirement benefit, payable for life, equal to 1.5% to 3.3% per year of creditable service, depending on the class of employee (regular, special risk, etc.) based on average final compensation of the five (5) highest fiscal years' compensation. Benefits vest after six years (six years for senior management) of creditable service. Vested employees may retire anytime after vesting and incur a 5% benefit reduction for each year prior to normal retirement age. 161 18 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 34 of 60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 1 - Plan description and provisions - Florida Retirement Svstem. continued Early retirement, disability, death and survivor benefits are also offered. Benefits are established by State Statute. The plan provides for a constant 3% cost-of-living adjustment for retirees. The plan also provides several other plan and/or investment options that may be elected by the employee. Each offers specific contribution and benefit options. The Plan documents should be referenced for complete detaiL Description of funding policy - This is a cost sharing, multi-employer plan available to governmental units within the State. Actuarial information with respect to an individual participating entity is not available. Participating employers are required, by Statute, to pay monthly contributions at actuarially determined rates that, expressed as percentages of annual covered payroll, are adequate to accumulate sufficient assets to pay benefits when due. Trend information - A copy of the FRS's June 30,2005 annual report can be obtained by writing the Florida Division of Retirement, Cedars Executive Center, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706. Plan 2 - Plan description and provisions - Firefiehters' Pension Trust Fund The following brief description of the North Naples Fire Control and Rescue District Firefighters' Pension Plan (the "Plan") is provided for general information purposes only. Participants should refer to the plan agreement for a more complete description of the Plan. On July 11, 1996, under the authority of Florida Statute 175 and Laws of Florida, Chapter 95-338, the District's Board of Commissioners passed Resolutions 96-004 and 96-005, providing for the establishment and funding of a single employer defined benefit retirement plan and trust for newly hired fire suppression personnel. The resolutions establish that certified firefighters employed on or after January 1, 1996 are to become participants in the District's Firefighters' Pension Trust Fund. The Plan is totally administered, including all investment management, by a third party administrator and the Plan's appointed Pension Board. 161 . 1 B5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 35 of60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefiehters' Pension Trust Fund. continued There were no employee contributions to the Plan during the years ended September 30, 2005, 2004 or 2003, as the District funds the employee required contributions. The employer contributed 100% of its required contributions, as well as those required of the participating firefighters (1 % pick-up) and 0.5% subsequent to December 9,2004. The Plan provides for full-time fire fighting personnel to become eligible to participate in the Plan immediately upon hire. Under District resolution 96-005, the District elected to pay the 0.5% (1% prior to December 9,2004) employee required contribution on behalf of the employee. Effective December 9,2004 the employee contribution was reduced to 0.5% (employee pick up). Effective July 1, 2001 (per resolution 01-01), benefits under the Plan vest after six years of creditable service. Employees who elect normal retirement at or after age 55 with 6 years of creditable service, or 25 years of service regardless of age, are entitled to a retirement benefit. Employees may elect early retirement after 6 years of creditable service and attainment of age 50 with a reduction in benefit not to exceed 3% for each year before normal retirement. The Plan also includes certain disability and death benefits. Contributions - Contributions to the Plan are derived from three sources: employees e'l % pick-up II - 1 % of compensation paid by the District on behalf of the employee pursuant to Resolution 96-005) effective December 9,2004 the required employee contribution was reduced to 0.5% (employee pick up), State funds (fire [hazard] insurance premium tax per Florida Statute Chapter 175) and employer (remaining amount necessary to meet actuarial requirement). For the period from January 1, 1996 through September 30, 1996, no employer contributions were required. Employer contributions were required from October 1, 1996 through September 30, 2005. The State contributions under Chapter 175 began in June 1997. This revenue is based on property fire insurance premiums paid within the District and is applied up to an approved IIfrozenll limit of $112,818. The District (employer) is required to fund the difference each year between the total contributions from all other sources for the year and the total cost for the year pursuant to the most recent actuarial valuation of the Plan. The total cost for any year equals total normal cost plus the additional amounts sufficient to amortize the unfunded past service liability over a 30 year period commencing the first year of the Plan's inception. .~' 6"~, , Il ~y II 1B NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 36 of 60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefi2hters' Pension Trust Fund. continued Pursuant to the actuarial study dated October 1, 2004, the District's fiscal year 2005 contribution requirement and actual contribution was $887,191, which approximated 27% of the actuarially determined covered payroll. Actual District contributions to the Plan for the year ended September 30,2005 were $908,524 including $21,333 contributed by the District on behalf of the participating firefighters (employee pick-up). The State contributions for the year ended September 30,2005 were $608,709. At September 30, 2005, $1,607,250 of the Plan's total net assets were restricted for future benefits increases. Pension benefits - Effective July 1, 2001, employees with 6 or more years of service are entitled to monthly pension benefits, beginning at the earlier of age 55 with 6 years of credited service or 25 years credited service, equal to 3% of their average final compensation (AFe) over the 5 highest years within the last 10 years of service multiplied by number of years of credited service. Maximum benefit is 100% of AFC. The plan permits early retirement at age 50 with 6 years of credited service. Employees may elect to receive their pension benefits in the form of a 10 year certain and life annuity. If employees terminate before rendering 6 years of credited service, they forfeit the right to receive the portion of their accumulated plan benefits. All retirement benefits are annually increased for cost ofliving at 3%. Death and Disability benefits - Upon the death of any vested member, not still in active employment, a survivor benefit is payable to the beneficiary starting when the member would have reached retirement age. The benefit is equal to the vested pension benefit and is payable for 10 years. A spousal benefit is provided for line of duty equal to one half of the members salary. Employees who become totally disabled with at least 8 years of credited service receive the greater of the accrued pension benefit or 25% of AFC, if non-service incurred, or 42% of AFC, if active service incurred. Effective December 9, 2004 the active service related benefit was increased to 65%. Supplemental Benefits - Effective December 31, 2004, each service and disability retiree and their joint pensioners or beneficiaries and vested terminated members shall receive a supplemental payment to be used as a health insurance subsidy payment. The amount shall be five dollars ($5.00) for each full year of credited service for life. The maximum monthly supplement is one hundred fifty dollars ($150.00) and the minimum thirty dollars ($30.00). ]Q .C . '~'1 11 n fo. tF) 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 37 of 60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefi2hters' Pension Trust Fund. continued Income recognition - Interest income is recorded on the accrual basis. Investments are reported at market value. Short-term investments are reported at cost, which approximates market value. Actuarial present value of accumulated plan benefits - Accumulated plan benefits are those future periodic payments, including lump-sum distributions, that are attributable under the Plan's provisions to the service employees have rendered. Accumulated plan benefits include benefits expected to be paid to (a) retired or terminated employees or their beneficiaries, (b) beneficiaries of employees who have died, and (c) present employees or their beneficiaries. Benefits under the Plan are based on employees' age at entry to the Plan and are based upon the current starting salary for firefighters' at entry level. Benefits payable under all circumstances, retirement, death, disability and termination of employment, are included, to the extent they are deemed attributable to employee service rendered to the valuation date. The actuarial present value of accumulated plan benefits is determined by an actuary and is the amount that results from applying actuarial assumptions to adjust the accumulated plan benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payment. The significant actuarial assumptions used in the valuations as of September 30, 2005 were (a) life expectancy of participants (the 1983 Group Annuity Mortality Table was used), (b) retirement age assumptions (the assumed average retirement age was 55), and (c) annual investment return of 8%. The October 1, 2005 actuarial valuation reflected assumed average rates of return of 8%. The foregoing actuarial assumptions are based on the presumption that the Plan will continue. If the Plan terminated, different actuarial assumptions and other factors might be applicable in determining the actuarial present value of accumulated plan benefits. Payment of benefits - Benefit payments to participants are recorded upon distribution. The District contributed 100% of the required contributions. A summary of certain Plan details and trend information is included below. A copy of the Plan and Plan audit for September 30, 2005 can be obtained by writing the District at 1885 Veterans Park Drive, Naples, Florida 34109-0492, or by calling (239) 597-3222. 161 In i ,fl... - }. ..,c NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 38 of60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefie:hters' Pension Trust Fund. continued The following is a summary of the Single Employer-Defined Benefits Plan, including funding policies, contribution methods, benefit provisions and trend information: Year established and governing authority Governing body Determination of contribution requirements: Employer (District) Firefighters' Pension Trust Fund - Plan 2 District Resolution 96- 004 (July 11, 1996) Board of Trustees of Plan Plan members Actuaria11y determined 23%to 33% of covered payroll, based upon age of employees. Contributions are required after the State Revenue under Chapter 175 (premium tax refunds) are received. 0.5% of Covered payroll- Note: The District adopted Resolution 96-005 to fund the contribution for the employees. (Pick-up) Funding of administrative costs Period required to vest Annual salary increase Post retirement benefit mcrease Employer 6 years 6% Cost of living increase of of3% each year. Eligibility for distribution (Normal retirement) Earlier of 55 with 6 years of credited service or 25 years credited service regardless of age Provisions for: Disability benefits Death benefits Early retirement Yes Yes Yes r~ /7 r ,"'J NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 39 of 60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefi2hters' Pension Trust Fund, continued Memberships of the Plan consisted of the following at September 30,2005: Firefighters' Pension Trust Fund - Plan 2 Active plan participants Vested Non-vested 22 55 Retirees and beneficiaries receiving benefits o Terminated Plan members entitled to but not yet receiving benefits Q Total 77 Number of participating employers 1 1 Number of participating state agencies Annual Pension Cost. Net Pension Obli2ation and Reserves Current year annual pension costs for the Firefighters' Pension Trust Fund are shown in the trend information provided. The Firefighters' Pension Trust Fund had a net unfunded actuarial accrued liability at September 30, 2005 of $461,622. The Plan assets are legally reserved for the payment of the respective plan member benefits within the Plan. There are no assets legally restricted for plan benefits other than these assets within the Plan. The Firefighters' Pension Trust Fund held certain investments at year end. .'" Ie. Page 40 of60 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefi2hters' Pension Trust Fund. continued Trend Information Fiscal Year 2005 2004 2003 2002 2001 2000 1999 1998 Firefighters' Pension Trust Fund (2) Total (3) Required Net Annual State (1) Pension Pension District State Frozen Actual Percentage Obligation Contribution Contribution Contribution Contribution Contribution Contributed (NPO) $ 1,000,009 $ 887,191 $ 608,709 $ 112,818 $ 1,000,009 100% $ 792,577 $ 679,759 $ 527,004 $ 112,818 $ 792,577 100% $ 678,000 $ 565,182 $ 422,639 $ 112,818 $ 678,000 100% $ 564,102 $ 451,284 $ 303,169 $ 112,818 $ 564,102 100% $ 393,649 $ 305,603 $ 212,220 $ 112,818 $ 418,421 106% $ 266,823 $ 227,235 $ 182,204 $ 106,594 $ 333,829 125% $ 159,203 $ 4,042 $ 128,582 $ 106,594 $ 110,636 69% $ 79,718 $ 105,337 $ 106,594 $ 106,594 $ 211,931 266% (1) Excludes employee 1% and 0.5%, as applicable, pick-up but includes employer and State frozen contributions. (2) An actuarial valuation was not prepared for October 1, 1998 (for FY 1999), per actuary's letter dated February 15, 2000 addressed to the pension administrator. However, the actuary determined the required contribution for year ending September 30,1999 based on October 1, 1998 payroll of $627,482. In addition, actuarial valuation was prepared on October 1, 1999 for fiscal year 2000. Information regarding FY 1999 was extracted from such study. Valuations have been prepared annually thereafter. (3) The District considers its annual pension cost to be its actuarially determined required annual pension contribution. Pension Trust Reauired Supplementary Information. September 30. 2004 Schedule of Funding Progress Firefighters' Pension Plan: Unfunded Actuarial Accrued Liability (UAAL) (b-a) $ 461,622 $ 927,998 $ 917,879 $ 719,089 $ 219,842 $ (187,983) $ (78,332) $ (85,544) Actuarial Valuation Date 10/01/05 1 % 1/04 1 % 1/03 10/01/02 10/01/01 10/01/00 1 % 1/99 10/01/97 Actuarial Value of Assets (AVA) (a) $ 6,322,176 $ 4,063,514 $ 2,420,236 $ 1,501,493 $ 1,355,012 $ 869,923 $ 439,347 $ 116,967 Actuarial Accrued Liability (AAL) -Entry Age (b) $ 6,783,798 $ 4,991,512 $ 3,338,115 $ 2,220,582 $ 1,574,854 $ 681,940 $ 361,015 $ 31,423 Funded Ratio (aIb) 93.2% 81.4% 72.5% 67.6% 86.0% 127.6% 121. 7% 372.2% Annual Covered Payroll (c) $ 3,815,952 $ 3,300,680 $ 2,633,944 $ 2,318,319 $ 2,074,284 $ 1,399,961 $ 924,109 $ 316,079 UAAL as a Percentage of Covered Payroll (b-a)lc 12.1% 28.1% 34.8% 31.0% 10.6% (13.4%) (8.5%) (27.1%) ?~. "if' I ;.: ,4. 0 18 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 41 of60 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan descriution and urovisions - Firefi2hters' Pension Trust Fund. continued Valuation date Actuarial cost method Amortization method Remaining amortization period Actuarial asset valuation method Actuarial assumptions: Investment rate Projected salary increase* *Includes inflation at Post retirement cost ofliving adjustment Firefighters' Pension Trust Fund 10/01/05 Frozen Entry Age Level dollar, closed 30 years Market 8% 6.0% 3% 3% NOTE J - POST-EMPLOYMENT BENEFITS OTHER THAN PENSION BENEFITS The District provides insurance (health, dental and vision) benefits to its retired employees. All retired full-time employees are eligible for benefits if actively employed by the District immediately before retirement. As of September 30, 2005, there were eleven (11) retirees receiving these benefits. The benefits are provided both with and without contractual or labor agreements. The benefits may require contribution from the retirees, depending on certain specified criteria and, in particular, length of creditable employment. The District pays up to 50% of retiree dependent coverage. The District finances the benefits on a pay-as-you-go basis and recognizes expenditures at the time premiums are due. The premiums for these benefits totaled $41,698 during the year ended September 30,2005. tJ(; .; /. .~ tf!~ ,-".,.. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 42 of 60 NOTE K. SELF-INSURANCE The District participated in a fully-insured health insurance program from January 1,2004 through December 31,2004. The benefits under the fully insured program differ slightly from those of the prior self-insurance program. The District hired a third party administrator to calculate the difference in covered benefits under the fully-insured program. Costs incurred and not covered under the fully-insured program were then paid (reimbursed) to the affected employee. The District returned to a self-insurance program for health insurance claims beginning January 1, 2005. The self-insurance program has stated annual individual and aggregate loss limits and retains third party excess coverage for claims in excess of the loss limits. The District incurred $1,019,868 in health insurance claims and third party administration costs during the fiscal year ending September 30, 2005 for the self-insurance program. No accrual has been made as of September 30, 2005 for estimates of amounts to be paid for actual and incurred but not reported (IBNR) claims. The District's remaining maximum cost exposure for the year ended September 30,2005 was approximately $100,000, which likely will be included in the subsequent year's expenditure. It is the policy of the District to purchase commercial insurance for other forms of potential risks to which it is exposed. The District's risk management activities are reported in the General Fund. No accrual has been recorded for claims and incidents not reported to the insurer. The District had no significant reductions in insurance coverage from the prior year. Reported claims have not exceeded the insurance coverage for the years ended September 30, 1998 through September 30, 2005. The District's total liability within anyone year is limited to the annual loss limit, except for tail coverage estimated at approximately three (3) months' average claims in the year of plan termination. The District has no plan to terminate coverage; therefore, no such accrual has been recorded in the financial statements. NOTE L - PROPERTY TAXES Property taxes are levied after formal adoption of the District's budget and become due and payable on November 1 of each year and are delinquent on April 1 of the following year. Discounts on property taxes are allowed for payments made prior to the April 1 delinquent date. Tax certificates are sold to the public for the full amount of any unpaid taxes and must be sold not later than June 1 of each year. The billing, collection, and related record keeping of all property taxes is performed for the District by the Collier County Tax Collector. No accrual for the property tax levy becoming due in November 2005 is included in the accompanying financial statements, since such taxes are collected to finance expenditures of the subsequent period. .~u 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 43 of60 NOTE L - PROPERTY TAXES, CONTINUED Procedures for collecting delinquent taxes, including applicable tax certificate sales and tax deed sales, are provided for by Florida Statutes. The enforceable lien date is approximately two years after taxes become delinquent and occurs only upon request of a holder of a delinquent tax certificate. As of September 30, 2005, $173,174 was due from the Collier County Tax Collector to the District for ad valorem taxes and excess fees, and interest. Important dates in the property tax cycle are as follows: Assessment roll certified July 1 Millage resolution approved No later than 93 days following certification of assessment roll. Taxes due and payable (Levy date) November/with various discount provisions through March 3 1. Property taxes payable - maximum discount ( 4 percent) Beginning of fiscal year for which taxes have been levied Due date Taxes become delinquent (lien date) Tax certificates sold by the Collier County Tax Collector 30 days after levy date October 1 March 31 April 1 Prior to June 1 For the year ended September 30, 2005, the Board of Commissioners of the District levied ad valorem taxes at a millage rate of $1.00 per $1,000 (1.00 mil) of the 2004 net taxable value of real property located within the District. ~~. . t L 18 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 .<' Page 44 of 60 NOTE M - DESIGNATED AND/OR RESERVED FUND BALANCE/NET ASSETS Fund Balance/Net Assets were designated and/or reserved for the following purposes at September 30, 2005: Special Revenue Fund - Inspection Fee Fund - building inspection fees Total Special Revenue Funds Amount $ 396,451 369,800 506,451 324,700 41,800 271,451 176,451 211,451 171,451 50,000 $ 2,520,006 $ 499,789 $ 499,789 Designated fund balance General Fund - Emergency General Fund - Vehicle replacement General Fund - Building improvements General Fund - Station #40 General Fund - Station #46 General Fund - Operating reserve General Fund - Disaster preparedness General Fund - Capital equipment General Fund - Capital fire apparatus General Fund - Personal Protective Gear Total General Fund Reserved Net Assets Firefighters' Pension Fund-firefighters' retirement benefits Total Reserved Net Assets Amount $ 6,322,176 $ 6,322,176 161 1 B .t; NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2005 Page 45 of60 NOTE N - IMPACT FEE FUND ACTIVITY During the year ended September 30,2005, the Impact Fee Fund had the following activity: Deferred revenue, October 1, 2004 Impact fee receipts (I) Interest income Operating fees - collection fees Capital outlay Deferred revenue, September 30,2005 Amount $ 2,303,944 1,250,978 55,489 (18,680) (1,037,411) $ 2,554,320 (1) Including Impact fee receipts due from other governments of$139,153. NOTE 0 - COMMITMENTS AND CONTINGENCIES The District is involved from time to time in certain routine litigation, the substance of which either as liabilities or recoveries, would not materially affect the financial position of the District. Although the final outcome of the lawsuits, assertions, and claims or the exact amount of costs and/or potential recovery is not presently determinable, in the opinion of the District's legal counsel, the resolution of these matters will not have a materially adverse affect on the financial condition of the District. As a general policy, the District plans to vigorously contest any such matters. The District is a defendant in a claim for a waiver of or reimbursement of impact fees. The outcome of such allegation could affect impact fee collection or require impact fee reimbursement for a specified area within the District. The District plans to vigorously defend the matter. No outcome can be predicted at this time. During the year ended September 30,2003, the District became aware that a local industry group has expressed its intent to explore legal action against the District for the improper expenditure of impact fees. The District has extensively reviewed, including seeking the opinion of legal counsel, its impact fee expenditures from October 1, 1996 ';1 R 5 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30,2005 Page 46 of 60 NOTE 0 - COMMITMENTS AND CONTINGENCIES, CONTINUED through September 30, 2003 and recorded a prior period entry as a result of the review. Subsequent to September 30, 2003, the industry group did file a lawsuit. The District is vigorously defending this claim. No outcome can be predicted at this time and therefore, no amounts have been recorded in these financial statements. The District's firefighters' pension plan has sued the City of Naples and its firefighters' pension plan to determine the amount of over payment of State collected insurance premium taxes paid to the City by the State in an effort to recover those overpayments more properly due the District's pension plan. NOTE P - IMPLEMENTATION OF GASB STATEMENT NO. 45 The Governmental Accounting Standards Board has issued Statement No. 45, "Accounting and Financial Reporting by Employers for Post-Employment Benefits Other Than Pensions" (GASB 45). This Statement will change the manner in which a governmental entity discloses, accrues, and funds its post retirement benefits other than pensions. Upon implementation of this statement, the District will be required to actuarially determine the cost of its post retirement benefits other than pensions and fund those costs annually. This Statement may have a significant effect on the District's annual budget. The Statement is effective for the year ended September 30,2008. The District intends to implement this Statement at that time. REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MD&A 161 IB i r lei 1? ~1 5 }I f ., li,-" ",,",- .f NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 47 of60 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - SUMMARY STATEMENT Year Ended September 30,2005 General Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Ad Valorem taxes $ 18,142,682 $ 18,142,682 $ 18,561,542 $ 418,860 Intergoverrunental revenue 127,986 127,986 Charges for services 165,872 165,872 163,548 (2,324 ) Disposition of fixed assets 4,050 4,050 Miscellaneous: Interest 114,000 114,000 233,074 119,074 Other 126,610 1,041,610 384,096 (657,514) TOTAL REVENUES 18,549,164 19,464,164 19,474,296 10,132 EXPENDITURES Current Public safety Personal services 13,604,747 13,898,747 12,666,010 1,232,737 Operating expenditures 3,177,660 3,222,296 2,768,309 453,987 Capital outlay 1,910,780 3,453,796 3,174,658 279,138 Debt service Principal reduction 95,946 95,946 93,241 2,705 Interest and fiscal charges 37,341 37,341 33,582 3,759 TOTAL EXPENDITURES 18,826,474 20,708,126 18,735,800 1,972,326 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (277,310) (1,243,962) 738,496 1,982,458 OTHER FINANCING SOURCES Proceeds from debt 912,500 912,500 912,500 912,500 EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER EXPENDITURES (277,310) (331,462) 1,650,996 1,982,458 FUND BALANCE - Beginning 277,310 331,462 5,053,570 4,722,108 FUND BALANCE - Ending $ - $ - $ 6,704,566 $ 6,704,566 The accompanying notes are an integral part of this statement. 1 ~6. I ., .. . .c. ~. ~ 1 .R . . ..l -....., NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STA TEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND-DETA~EDSTATEMENT Year Ended September 30, 2005 Page 48 of 60 General Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Ad Valorem taxes $ 18,142,682 $ 18,142,682 $ 18,561,542 $ 418,860 Intergovernmental revenue 127,986 127,986 Charges for services 165,872 165,872 163,548 (2,324) Disposition of fixed assets 4,050 4,050 Miscellaneous: Interest 114,000 114,000 233,074 119,074 Other 126,610 1,041,610 384,096 (657,514) TOTAL REVENUES 18,549,164 19,464,164 19,474,296 10,132 EXPENDITURES Current Public safety Personal services: Salaries Firefighters & Admin. 7,059,361 7,353,361 7,340,306 13,055 Commissioners 30,000 30,000 30,000 Overtime 472,143 472,143 306,607 165,536 Incentives and holiday pay 719,999 719,999 461,648 258,351 Payroll taxes Social Security 662,662 662,662 634,835 27,827 Benefits Retirement 1,561,368 1,561,368 1,625,328 (63,960) Health insurance 1,779,069 1,779,069 1,334,788 444,281 Disability insurance 84,017 84,017 76,676 7,341 Vacation 21,000 21,000 689 20,311 Sick leave 365,759 365,759 268,375 97,384 Unemployment compensation 1,000 1,000 7,723 (6,723) Workers compensation 848,369 848,369 579,035 269,334 Subtotal - Personal services 13,604,747 13,898,747 12,666,010 1,232,737 The accompanying notes are an integral part of this statement. 1 ,8 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2005 Page 49 of 60 General Fund Variance Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable ) Insurance 176,863 176,863 146,174 30,689 Uniforms 59,051 61,807 72,655 ( 10,848) Conununications 84,600 86,398 70,967 15,431 Telephone 147,785 148,762 108,864 39,898 Utilities 110,870 110,870 128,835 (17,965) Maintenance Vehicle 380,115 385,608 211,487 174,121 Equipment 43,447 43,447 12,121 31,326 Computer 74,000 80,863 39,830 41,033 Hydrant 31,381 31,381 40,759 (9,378) Building 159,703 162,453 167,850 (5,397) Supplies Office 45,016 47,092 36,650 10,442 Protective gear 34,900 34,900 22,424 12,476 Station 39,257 39,257 29,845 9,412 Emergency medical 36,365 39,751 20,346 19,405 Hurricane/emergency 11,643 11,643 11,855 (212) Equipment Office 30,734 30,734 34,694 (3,960) Fire 48,342 50,492 97,881 (47,389) Shop 15,000 15,000 24,023 (9,023) Professional and other fees Legal and professional 301,800 311,308 400,166 (88,858) Property appraiser fees 165,183 165,183 124,341 40,842 Tax collector fees 365,354 365,354 375,733 (10,379) Special assessment fee 4,500 4,500 5,967 (1,467) Accounting 75,000 75,000 76,115 (1,115) Miscellaneous Travel 27,600 27,600 40,931 (13,331) Public information officer 8,725 8,725 4,109 4,616 Public education officer 24,138 24,138 15,381 8,757 Fuel and oil 149,040 149,040 134,694 14,346 Employee physicals 144,287 144,287 82,040 62,247 Dues and subscriptions 9,098 9,098 10,071 (973 ) Prefire plan 1,769 1,769 1,769 CERTteam 31,111 31,955 12,342 19,613 Dive team 12,300 14,000 12,236 1,764 Fire prevention 15,844 15,844 18,208 (2,364) Training 105,460 109,795 77,040 32,755 Hazardous materials 37,000 37,000 7,799 29,201 Technical rescue 22,359 22,359 3,845 18,514 Boat team 21,200 21,200 6,221 14,979 K -9 search and rescue 2,950 2,950 1,260 1,690 PETC 1,532 1,532 1,532 SOS program 538 538 538 Shop lease 46,800 46,800 45,245 1,555 Miscellaneous 25,000 25,000 35,773 (10,773) Operational Reserves Contingency 50,000 50,000 50,000 Subtotal - Operating expenditures 3,177,660 3,222,296 2,768,309 453,987 The accompanying notes are an integral part of this statement. 6 , 1 " ;:i: lIS NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 50 of 60 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30,2005 General Fund Variance Original Final Favorable Capital outlay: Budget Budget Actual (Unfavorable ) Land 1,117,263 1,117,262 I Station improvements 206,000 221,331 37,600 183,731 Vehicles 157,152 195,349 198,073 (2,724) Fire & rescue equipment 139,368 139,368 138,119 1,249 Protective gear 13,000 17,730 4,180 13,550 Communication equipment 20,900 28,498 34,236 (5,738) Office equipment 15,065 15,065 1,199 13,866 Boat team 4,250 4,250 4,787 (537) Training-operations 3,000 3,000 1,470 1,530 Vehicle computers 182,000 182,000 164,902 17,098 CERT equipment 1,500 1,500 1,199 301 Shop equipment 40,635 40,635 39,819 816 Hazardous materials equip. 7,500 7,500 7,500 Technical rescue 8,900 18,797 9,897 8,900 Computers 71,510 71,510 47,329 24,181 Fire apparatus 1,000,000 1,350,000 1,346,810 3,190 Fire prevention 40,000 40,000 27,776 12,224 Subtotal - Capital outlay 1,910,780 3,453,796 3,174,658 279,138 DEBT SERVICE Principal reduction 95,946 95,946 93,241 2,705 Interest and fiscal charges 37,341 37,341 33,582 3,759 TOT Ai. EXPENDITURES 18,826,474 20,708,126 18,735,800 1,972,326 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (277,310) (1,243,962) 738,496 1,982,458 OTHER FINANCING SOURCES Proceeds from debt 912,500 912,500 912,500 912,500 EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITIJRES (277,310) (331,462) 1,650,996 1,982,458 FUND BALANCE - Beginning 277,310 331,462 5,053,570 4,722,108 FUND BALANCE - Ending $ $ - $ 6,704,566 $ 6,704,566 The accompanying notes are an integral part of this statement. 1. ff, ... ,x, ;- ',. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - IMPACT FEE FUND - SUMMARY STATEMENT Year Ended September 30,2005 Page 51 of60 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Fees: Impact fees $ 972,024 $ 972,024 $ 1,000,602 $ 28,578 Miscellaneous: Interest 9,000 9,000 55,489 46,489 TOTAL REVENUES 981,024 981,024 1,056,091 75,067 EXPENDITURES Current Public safety Operating expenditures 20,000 20,000 18,680 1,320 Capital outlay 224,865 1,209,497 1,037,411 172,086 TOTAL EXPENDfTIJRES 244,865 1,229,497 1,056,091 173,406 EXCESS OF REVENUES OVER (UNDER) EXPENDfTIJRES 736,159 (248,473) 248,473 FUND BALANCE - Beginning 736,159 248,473 (248,473) FUND BALANCE - Ending $ - $ - $ - $ The accompanying notes are an integral part of this statement. 161 1 B 5 Page 52 of 60 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL IMPACTFEEFUND-DETA~EDSTATEMENT Year Ended September 30,2005 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Fees: Impact fees $ 972,024 $ 972,024 $ 1,000,602 $ 28,578 Miscellaneous: Interest 9,000 9,000 55,489 46,489 TOTAL REVENUES 981,024 981,024 1,056,091 75,067 EXPENDITURES Miscellaneous Impact fee collection 20,000 20,000 18,680 1,320 Subtotal - Operating expenditures 20,000 20,000 18,680 1,320 Capital outlay: Vacant land 562,500 562,500 Station 48 Engineering 4,067 (4,067) Protective gear 24,000 24,000 8,136 15,864 Office - equipment 5,000 5,000 2,128 2,872 Station 47 equipment 50,000 50,000 50,000 Shop - equipment 23,865 23,865 22,477 1,388 Emergency signal 122,000 122,000 16,539 105,461 Fire Apparatus 408,000 407,432 568 Vehicles 14,132 14,132 Subtotal - Capital outlay 224,865 1,209,497 1,037,411 172,086 TOTAL EXPENDITURES 244,865 1,229,497 1,056,091 173,406 EXCESS OF REVENUES OVER EXPENDITURES 736,159 (248,473) 248,473 FUND BALANCE - Beginning 736,159 248,473 (248,473) FUND BALANCE - Ending $ - $ - $ - $ The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STA TEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - SUMMARY STATEMENT Year Ended September 30, 2005 9 Page 53 of 60 Inspection Fee FlUld Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Charges for services 677,484 677,484 802,300 124,816 Miscellaneous: Interest 1,700 1,700 9,978 8,278 TOTAL REVENUES 679,184 679,184 812,278 133,094 EXPENDITURES Current Public safety Personal services 585,004 685,004 654,116 30,888 Operating expenditures 74,180 74,180 29,653 44,527 Capital outlay 20,000 20,000 19,840 160 TOTAL EXPENDIT1JRES 679,184 779,184 703,609 75,575 EXCESS OF REVENUES OVER (UNDER) EXPENDIT1JRES (100,000) 108,669 208,669 FUND BALANCE - Beginning 100,000 391,120 291,120 FUND BALANCE - Ending $ - $ - $ 499,789 $ 499,789 The accompanying notes are an integral part of this statement. 161 1 B 5 Page 54 of 60 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INSPECTION FEE FUND - DETAILED STATEMENT Year Ended September 30,2005 Inspection Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Fees: Inspection fees $ 677,484 $ 677,484 $ 802,300 $ 124,816 Miscellaneous: Interest 1,700 1,700 9,978 8,278 TOT AL REVENUES 679,184 679,184 812,278 133,094 EXPENDITURES Current Public safety Personal services: Salaries Regular 342,236 392,236 391,663 573 Overtime 8,546 18,546 16,613 1,933 Incentives and holiday pay 7,800 7,800 4,425 3,375 Payroll taxes Social Security 29,021 29,021 32,017 (2,996) Benefits Retirement 45,959 85,959 86,612 (653) Health insurance 90,954 90,954 70,582 20,372 Disability insurance 4,101 4,101 5,445 (1,344) Vacation Sick leave 16,237 16,237 3,680 12,557 Unemployment compensation Workers compensation 40,150 40,150 43,079 (2,929) Subtotal- Personal services 585,004 685,004 654,116 30,888 The accompanying notes are an integral part of this statement. .1 I B NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 55 of 60 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - DETA~ED STATEMENT (CONTINUED) Year Ended September 30, 2005 Inspection Fee Fund Variance Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable ) Uniforms 3,135 3,135 3,135 Telephone 15,619 15,619 6,837 8,782 Utilities 13,018 13,018 7,511 5,507 Maintenance Contract labor Hydrant Supplies Office 2,228 2,228 625 1,603 Miscellaneous Employee physicals 3,151 3,151 4,414 (1,263) Dues & subscriptions 312 312 312 Fire prevention 15,932 15,932 8,091 7,841 Training 20,785 20,785 2,175 18,610 Miscellaneous Subtotal - Operating expenditures 74,180 74,180 29,653 44,527 Capital outlay: Laptop computers 20,000 20,000 19,840 160 Subtotal-Capital outlay 20,000 20,000 19,840 160 DEBT SERVICE Principal reduction Interest and fiscal charges TOTAL EXPENDITURES 679,184 779,184 703,609 75,575 EXCESS OF REVENUES OVER EXPENDITURES (100,000) 108,669 208,669 FUND BALANCE - Beginning 100,000 391,120 291,120 FUND BALANCE - Ending $ - $ - $ 499,789 $ 499,789 The accompanying notes are an integral part of this statement. -~ I ;!l' 'I", · ADDITIONAL REPORTS OF INDEPENDENT AUDITOR IB STROEMER TUSCAN & COMPANY~ PA ; ~1.'O:.J A~ ations ll..~ Florida Institute of Certi~~d ,;~, lie Accountants CERTIFIED PUBLIC ACCOUNTA;\ITS / CONSULT ANTS American Institute of Certified Public Accountants Management Consulting Services Division Private Companies Practice Section Tax Oi vision Page 56 of 60 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF BASIC FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the basic financial statements of North Naples Fire Control and Rescue District (lithe District") as of and for the year ended September 30, 2005, and have issued our report thereon dated February 10,2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether North Naples Fire Control and Rescue District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. However, we noted certain other instances of noncompliance that we have reported to the management of North Naples Fire Control and Rescue District in our Report to Management dated February 10, 2006. INTEGRITY... ..K~OWLEDG:E.... .SERVICE.... .COMMITMENT 8961 CONFERENCE DRIVE. SUITE 2. FORT MYERS. FL 33919 (239) 433-1002 . Fax (239) 433-0249 . Web Site: stepas.biz 61 1. ."."".'J B , Page 57 of60 Internal Control Over Financial Reporting In planning and performing our audit, we considered North Naples Fire Control and Rescue District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considered to be a material weakness. However, we noted other matters involving the internal control over financial reporting that we have reported to the management of North Naples Fire Control and Rescue District in our Report to Management dated February 10, 2006. This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be used, and should not be used, by anyone other than these specified parties. ~ ~1 ~PdJ?,A: STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida February 10, 2006 STROEMER TUSCAN & COMJP ANY~ P A 1 t~ 5 Affiliations Florida Institute of Certi Public Accountants CERTIFIED PUBUC ACCOUNT ANTS / CONSULTANTS American Institute of Certified Public Accountants Management Consulting Services Division Private Companie,,-; Practice Section Tax Division Page 58 of 60 INDEPENDENT AUDITOR'S REPORT TO MANAGEMENT Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the basic financial statements of the North Naples Fire Control and Rescue District (the "District") as of and for the fiscal year ended September 30, 2005 and have issued our report thereon dated February 10, 2006. In connection with our audit, we are submitting the following comments and recommendations in accordance with Chapter 10.550 "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 2005) Rule 10.557(3) and Section 218.39(4), of the Florida Statutes. PRIOR YEAR COMMENTS THAT CONTINUE TO APPLY: None: Prior year comments not repeated appear to have been resolved. CURRENT YEAR COMMENTS: I. Controls Over Capital Asset Inventory Should Be Strengthened During the physical observation of fixed assets we chose ten (10) items from the detailed capital assets listing to trace to the physical asset. One (1) of the ten items chosen could not be located. It was later determined that the item had been sold at a Board approved auction but had not been removed from the listing. In addition, one (1) other item was successfully traced to the physical asset matching the description on the listing; however, the required identification tag could not be located. While we were tracing items from the list to the physical asset, we also chose eight (8) items that appeared capital in nature and located the identification tag. We, then attempted to agree the asset identification number and asset description to the capital asset listing. Two (2) of the items observed could not be agreed to the capital asset listing. During the year ended September 30, 2005 the Logistics Officer instituted a new capital asset numbering system. It appears that one of the items that could not be agreed to the capital asset listing had an identification tag from the previous numbering system which was not replaced with a new tag. INTECRITY.... .KNOWLEDCE.... ,SERVICE.... ,COMM1TMENT );961 CONFERENCE DRIVE. SUITE 2. FORT MYERS. FL 33919 (239) 433.1002. Fax (239) 433.0249 . Web Site: steras.biz iff .1' I ,1 b j. 1 B 5 Page 59 of 60 1. Controls Over Capital Asset Inventory Should Be Strengthened. continued Florida Statutes Chapter 274 and Auditor General Rule 10.400 require that governments permanently mark, when practicable, all tangible personal property of a nonconsumable nature with a value of $1,000 or more and a normal expected life of one year or more. In addition, all of the aforementioned property must be inventoried, at least annually, and the results of that inventory compared and reconciled to the individual property records and the control accounts. We noted no issues with the control accounts and it appeared that items were added and deleted in a timely fashion when the proper information was submitted by the Logistics Officer. It, however, appears that's when the tag conversion was implemented, either no reconciliation was made between the newly tagged assets vs those on the existing fixed asset listing or items were missed. It also appears changes to the listing were not supplied to the Finance Department timely. We recommend the District ensure that all tangible personal property are tagged, inventoried, and reconciled to the control accounts in a timely fashion as required by Florida Statutes Chapter 274 and Auditor General Rule 10.400. Specifically, a periodic reconciliation needs to be performed between physical inventory and control accounts. Changes to assets inventory should be submitted to finance in a timely fashion. We have included in this letter all comments which carne to our attention during the course of our audit regarding Items 1 through 6, as applicable, of the "Rules of the Auditor General-Local Governmental Entity Audits," Rule 10.554, Section (1)(h). In regard to Item 2, we represent that the North Naples Fire Control and Rescue District has complied with Florida Statute 218.415 regarding investment of public funds. In regard to Item 6(a), nothing came to our attention to cause us to believe that at any time during the year the North Naples Fire Control and Rescue District met any of the criteria for being in a state of financial emergency as defined in Florida Statute 218.503(1). In regard to item 6(c)(1), we applied financial condition assessment procedures pursuant to Rule 10.556(7) and noted no indications of deteriorating financial conditions, as defined by Statute. As such, we do not believe the District to be in a state of financial emergency as a consequence of conditions described in Section 218.503(1), of the Florida Statutes. Additionally, in regard to Item 6(b), we represent that the financial report filed with the Department of Financial Services, pursuant to Florida Statute 218.32(1 )( a), is in agreement with the annual financial audit report for the same period. ~:'. Jj, -' '~.~JJ .1 f",,:;; Page 60 of 60 This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. ~ ~ A ~~P(J I t>. It. STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida February 10, 2006 16' 18 5 EXHIBIT V,,", Ii f (.~ J. Christopher Lombardo, Chairman Joyceanna J. Rautio, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner Margaret Hanson, Commissioner 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District April 13, 2006 Auditor General's Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 The following is management's response to the audit report for the fiscal year 2004/2005: CURRENT YEAR COMMENTS: 1. Controls Over Capital Asset Inventory Should Be Strengthened At the beginning ofthe 2004/2005 fiscal year, it was discovered that the fixed asset inventory labels on the District's existing fixed assets were not adhering to the items and needed to be replaced. Additionally, while the existing labels did contain bar code information, they were not compatible with the District's software. Since the labels needed to be replaced anyway, at the May 2005 Board of Fire Commissioners' Meeting, staff requested the Board approve a new numbering system. The Board did approve this request, and in June of2005, the order for the new labels was placed. The labels were received by the end of July 2005. The process of replacing all of the District's fixed asset labels was more time consuming than anticipated. As a result, when the auditors arrived to perform their physical observation of the fixed assets, certain items could not be reconciled with the fixed asset list. In an effort to confirm that the correct labeling has been accomplished, and to verify that the location and status of all fixed assets on the District's list is correct, the Deputy Chief of Support Services will accompany the Logistics Officer to each Station and review the fixed asset contents to reconcile with the fixed asset list and will ensure that all fixed assets now reflect the correct asset number. This process will be accomplished within ninety days of the date of this letter. }' 0.;"'.'.." J.. .(,,' .. . , Auditor General's Office April 13, 2006 Page Two of Two 18 Additionally, the Logistics Officer will perform a semi-annual reconciliation between the physical inventory and the fixed asset list each May and November under the supervision of the Director of Finance. By increasing the frequency of this process, staff will be able to monitor the fixed assets more efficiently. Sincerely, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT fdkP Treasurer, Board of Fire Commissioners ERMAN sistant Fire Chief {M,~~ OtrflA-V REBECAH POGAN Director of Finance BJP Ibp . .~. i/;: ~. 16J 185 .....:~~~; . _.t.~"~"'~':'''ii.:<' , . ,.:-:< ~?:.;:=:~;(:"::~*~~ '. ~~ ..; '." 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J?~f~ri;:~; "'~-;";~{ . ~~[l~~:/ . ..,Jk~-- ..~.;;....r._-.... '?f ....,.-- '''..- -"!':"~~-:-..'" ~-:....- ~ .....- :~:J~~~" '. j , ...-. -.'Ii'.' :: i'=. (:: :. ~;... ., it ! .~:~~~'.~" ~ ; z -~ ~ .~ ~ ,. , . 7"'".....-.:.. .. i ' ti-lo~ i~\ <.p"": i I . . I ".:I.~_~"" ..-.~' ~:"....J : _~ ': ...<1 ~ ': r./~~,~..-u1.,(~: . .. ',. ! -~- · :-i~i~5-: I .,; .:<'- ....,.f. - :"- ,-~ , 'Z,'b .. .1Il ..... , E ~ l .:~.~:! ., ,:;' l~ .....~.I~ -.J ../ " 1 i ~ ~ c..o ~- r"t --'3 =- I --~- -'. I ~ '-'l ! I N cb .,-:,~ '-' " ~ .w i.~.a':> ~-.'1 ::f ....~::.". -- .......-...... .. i ..~ _.' ;;; . .....<~ -0,. "1-- . ;'~ -',c I . :'. J:"1 .!d tv ~~' I'~~:~' . " ~, : . - I . ., '. ~ ~ .'~ i:~~' -: ~./~;~/:.i?~~,:... )'i.(",..) .<', ,'!l ~~) ~;7 RH~ :.:.;;. ;-:.~_t;i_~,:,: -..;~~. r :.:-~ :.. t;..n W N W ,..;" ;~'~t ..- ;/~[:):}. ,.' ~if:~:~lfj ........,.~ , ; c,....,) . ~:' i "1[i~-'I'. . ft t,.. ..,. !1 ....;...==' " ~ .( i ~ :,;"".CJ:> '3 -r~ i~ '-jl :. .:. ~ I'~:. , . _....r. i:,:' . '. _ '"..-: ....:.:.'.J '" '. ..; ":~:: , " " , "';".1 ~ I. u:1 ~~""I-'"'~' ~ .~ e.J'"l.,,~- ~~ .' --} '~1: .....-~'L,~ . -:"("'"-' ~;cl~i' I '~<;~:{<2:2- ~f , '. I I ~ -e-- ,-,~ 1- .. I :1"", . t:!~~ I · ""-J {)' 00 ~ co U"1 - C") .(.:::a <.0 f f U; -.J 6" ~ ~ ~ ~ <n (' W ~ ~ ~ W ,'<" . SPECIAL DISTRICT REPORTING Section 189.416, Florida Statutes, requires that each special district in the state designate a registered office and a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier County Board of County Commissioners. Any changes in registered agent and registered office must be reported to the above named agencies. In the space below, please provide the correct name and address of your current registered agent: DISTRlCT ~A.\IE: North ~aples Fire Control & Rescue District REGISTERED AGENT: Fire Chief. M ~~.e.& .L~b(oCJlltoJ REGISTERED OFFICE: 1885 Veterans Park Drive Naples FL 34109 [n addition, please provide the telephone number of your registered agent: PHO\i'E NtJ\tIBER: (239) 597-3222 Indicate your district's status (dependent or independent) by marking and X in the appropriate space. (See section 189.403, Florida Statutes, for definitions) DEPE~DE\iT ~1)EPENTIENT x If the actual location of your special district office is different from that of your registered agent. provide the district's business address in the space below: Please return this form, to the address below: Derek J ohnssen, General Accounting l\ilanager Clerk of the Circuit Court Finance Department Court Plaza III 2671 Airport Road South \laples. FL 34112 ~~I }91) Board of Fire Commissioners Monthly Meeting 2006-2007 Thursday 2th 9am October 1 Thursday November 9th 9am Thursday December 14th 9am Thursday January 11 th 9am Thursday February 8th 9am Thursday March 8th 9am Thursday April 12th 9am Thursday May 10th 9am Thursday June 14th 9am Thursday July lib 9am Thursday 9th 9am August Thursday September 13th 9am Created 5-26-06 ds FrNAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-l Facilitv Record- Station 40 1 b I North Naples Fire Control & Rescue District 5 FACILITY NAME ADDRESS STATION 40 Date Updated: 1441 Pir,e Ridge Road, Naples, FL 34109 9/6/2006 DESCRIPTION CAPACITY LAND SIZE Fire Station DEMAND 1.2 acres CONSTRUCTION TYPE Emergency Response Fire & Rescue CBS BUILDING SIZE LIVING QUARTERS: 3AR!l..GE WORK AREA OFFiCE STOr~AGE 3,100 3,280 600 1,750 320 TOTAL SQ FT 9,050 APPARATUS AND EQUIPMENT ENGINES PUMPERS: HOSE 1 o LADDERS: SQUAD UTILITY 1 o o ~ '-' TANKERS: o BRUSH: WOODS ANTIQUE o o COMMAND STAFF o o TOTAL APPARATUS 3 ST AFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT ENGINEERS FIRE FIGHTERS 2 6 6 TOTAL STAFF 15 SERVICE AREA AREA SIZE AREA TYPE AREA POPULATION CALLS PER YEAR: AVERAGE RESPONSE TIME 13 Sq Miles Urban 14,000 2,300 6.00 Minutes 66 Isjg revised: 12204 1-2X-04 las: 1-29-(l~.las2/4/04 sjg, 2-5-04Ia5; 3-17-04 las, 9.30-04 las, 12-6-04 las: 4-21-05Ia5/4-25-05 bjp/5-27-05; 5-31- 05 bjp&Oc5:la5: 6-2-05 JPH:la5/6-13-05 b'P: 8-2-06 OC5:la5; 8-22-06 OC5:la5; 8-31-06 OC5:JH:la5; OCS:las 9-7-06 BOFC approved 9-12- 06:Board Revisions: L1s .l)-13-0(' FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-2 ~cil~ Record.. Station 42 North Naples Fire Control & Rescue District '..'.,__.l} - FACILITY NAME ADDRESS STATION 42 Date Updated: 7010 immoka!ee Rd. Naples, FL 34119 9/6/2006 DESCRIPTION CAPACITY LAND SIZE Fil"e Station DEMAND 2.5 acres CONSTRUCTION TYPE Emergency Response Fire & Rescue CBS BUILDING SIZE LIVING QUARTERS GARAGE VJORK AREA OFFICE STORAGE 3,180 3,181 o 60 189 TOTAL SO FT 6,610 APPAR.ATUS AND EQUIPMENT ENGINES PUMPERS HOSE 1 o c LADDERS SUPPORT l1TILlTY o 1 1 TANKERS c BRUSH WOODS 1 o COMMAND STAFF o o TOTAL APPARATUS 3 Sf AFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN LIEUTENANT ENGINEERS: FIRE FIGHTERS 2 :) 6 TOTAL STAFF 12 SERVICE AREA AREA SIZE. AREA TYPE AREA POPULATION CALLS PER YEAR AVERAGE RESPONSE TIME 20 Sq Miles Urban 9,000 1,252 6.00 Minutes 67 sjg reVIsed: i 22. ()J 1-~~:-()4 !as: 1-2lJ-1)4 ias2/4/04 sjg, 2-5-04 la5; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:la5: 6-2"05 JPH:laS/6-13-0S bjp: 8-2-06 OC5:las; 8.22-06 OC5:la5; 8-31-06 OC5:JH:las; OC5:laS 9-7-06 BOFC approved 9-12- 06:Board Revisions i",'J-IJ-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-3 Facilitv Record- Station 43 North Naples Fire Control & Rescue District 161 ]. p ~.' "i,j ~ FACILITY NAME ADDRESS STATION 43 Date Updated: 16325 Vanderbilt Dr., Bonita Springs, FL 34134 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE Fire Station DEMAND 0.8 CONSTRUCTION TYPE Emergency Response Fire & Rescue CBS BUILDING SIZE LIVING ')UARTl::RS: GARAGE WORK AREA OFFICE STORAGE 2,821 2,806 767 96 800 TOTAL sa FT 7,290 APPARA TUS AND EQUIPMENT ENGINES 1 LADDERS: 1 PUMPERS: 1 SUPPORT 0 HOSE: 0 UTILITY 0 TANKERS: 0 BOAT: 1 BRUSH: 0 COMMAND: 0 WOODS 0 STAFF 0 TOTAL APPARATUS: 2 ST AFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN 1 LIEUTENANT 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF 9 SERVICE AREA AREA SIZE: 12 Sq Miles AREA TYPE: Urban AREA POPULATION 10,000 CALLS PER YEAR. 1 250 AVERAGE RESPONSE TIME: 6.00 Minutes 68 slg revIsed 1220-+ :-2~-1).~ IllS: 1-2'.)1)4 las2f4!04 5jg, 2-5-04Ia5; 3-17-04 las, 9-30-04 la5. 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31- 05 bjp &oc5:la5: 6-2-05 JPH:la5/6-13-05 hip: 8-2-06 OC5:las; 8-22-06 OC5:la5; 8-31-06 OC5:JH:las; OCS:las 9-7-06 BOFe approved 9-12- 06:Board R.CViSlll"".!a; .').!3-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-4 N1N. ~~litv Record- Station 44 North r~aples Fire Control & Rescue District I FACILITY NAME ADDRESS ST.J.\TION 44 Date Updated: 8970 Hammock Oak Dr, Naples, FL 34108 9/6/2006 DESCRIPTION CAPACITY LAND SIZE Fire Station DEMAND: 1 1/4 acres CONSTRUCTION TYPE Emergency Response Fire & Rescue CBS BUILDI(\IG SIZE: LIVING ClUARTERS: GA.RAGI::: WORK AREA. OFFICE STORP,GE 5,567 3,516 96 270 768 TO':"A~ sa FT 10,217 APPARATUS AND EQUIPMENl STAFFING SHIFT LADDERS 1 SUPPORT: 1 0 UTILITY: 0 0 SQUAD: 0 1 COMMA.'m 1 0 STAFF: 0 2 7 FIRE PREVENTION ADMINISTRATION CLERICAL ENGINES PUMPERS HOSE: TANf(ERS: BRUSH: WOODS: BOAT: ATC: TOTAL APPi-\RATUS BATTALION CHIEF CAPTAiN L1EUTEN.A.NT ENGINEERS FIRE FIGHTERS: 5 6 12 TOTAL STAFF 25 SERVICE AREA AREA SI;::'::: AREi\ TYPE AREA POPULATION CALLS PER YEAR AVER,A,GE RESPOI\JSE TiME: 7 Sq Miles ~ rban 19,200 2,172 6.00 Minutes 69 sjg revised: I 22(;.) 1-:X-il4Ias. 1-29-04Ias2/4/04 sjg, 2'S-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-0S las/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:\as: S 2-05 JPH:las/6-13-0S bjp: 8-2-06 OC5:las; 8-22-06 OC5:las; 8-31-06 OCS:JH:las; OCS:las 9-7.06 BOFC approved 9-12- 06:Board Rcvisicil" Iase)- i 3-0(, FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-5 Facilitv Record- Station 4~lt~) , North Naples Fire Control & Rescue District' ll? " ., FACILITY NAME ADDRESS ST.A. TION 45 Date Updated: 1885 VETER,L;NS PARK DR. NAPLES, FL 34109 9/6/2006 DESCRIPTION CAPACITY LAND SIZE: Fire Station DEMAND: 6.5 acres CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE LIVING QUARTERS. GARAGE RESiDE~mAL ASSErv18L Y 7,619 6,923 5,533 2.707 TOTAL SO FT: 22,782 TRAIN TOWER GENERAL BUILDING 2,332 308 APPARATUS AND EQUIPMENT ENGINES: UTILITY: HAl TRAILER 2 1 3 5RU TRAINING VEHICLE FP3 COMM.A.ND: STAFF: 4 5 12 6 4 TOTAL APPARATUS 29 ST AFF!NG SHIFT fOlRE PREVENTION ADM INISTRA TION CLERICAL CAPTAIN: FIRE MARSHALL 1 CHIEF 1 BOO KEEPER 2 LIEUTENANT 2 CAPTAIN 1 ASST. CHIEF 1 CLERICAL 5 ENGINEERS 3 INSPECTOR 10 DEPUTY CHIEF 2 FIRE FIGHTERS 3 BAT. CHIEF 2 CAPTAIN 2 LIEUTENANT 1 PUBLIC INFOR. 2 FINANCIAL OFFICER 1 EXECUTIVE ASST. 1 TOTAL STAFF 41 SERVICE AREA .A.REA SIZE: 8 Sq Miles AREA TYPE: Urban AREA POPULATION: 21.000 CALLS PER YEAR: 1 .488 AVERAGE RESPONSE TIME 6.00 Minutes 70 slg revlS_,d: i 22114 1-28-1I4 la,;; 1-2lJ-U"~ 1'1,;2/4/04 sjg, 2-5-04Ias; 3-17-04 las, 9.30-04 las, 12.6-04 laS: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 b;p: 3-2-06 OC5:las; 8-22-06 OC5:12S; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06:Bmrd Rc",;jol1,;:las .lJ-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-6 E~~l.H!~Becord- Station 46 North I'laples Fire Control & Rescue District .:~) o FACILITY NAME ADDRESS STATION 46 3410 Pine Ridge Rd Date Updated: 9/6/2006 DESCRIPTION CAPACITY LAND SIZE Flee Station 32 Acres DEMAND CONSTRUCTION TYPE Emergency Response Fire & Rescue CBS BUILDING SIZE: ,~ESI[ E:t\.TIAL 3TORi\GE 7.577 TOTAL SQUARE FT 7,577 APPARA.TUS AND EQUIPMENT Engines Brush TOT,~L APPARATUS ') '- STAFFING SHIFT FIRE PREVEI~TION ADMINISTRATION CLERICAL CAP;i~lit liEUTENANT ENGi~;EERS FIRE FIGHTERS .2 '1 0) 6 TO-:-AL. STAFF 12 SERVICE AREA I-.REP SIZE AREA TYPE ,!\R.EA P)PUL,!\TION: CAL_S FER YEAR AVEr;/i,GE RESPONSE TIME 8 Sq Miles Urban 14,000 1,429 600 Minutes TOTAL POPULATION OF DISTRiCT 93,400 71 sjg revised: 122 'I'" 1-2,:-1I~ b,: 1-2Ll-04 !as21!\/04 5J9, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 laS/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:las: 6-2-05 JPH:las/G-13-05 bjp: 8-2-06 OC5:las; 8-22-06 OC5:las; 8-31-06 OCS:JH:las; OCS:laS 9-7-06 BOFC approved 9-12- 06:8oar<l RcviSlO",.ia,lJ-1 J-O() Fft\ AL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-7 FaCNlitv Record- Station 47 1 6 , North Naples Fire Control & Rescue District 1 R ~."....: FACILITY NAME ADDR,=SS STATiON 47 2795 N. Airport-Pulling Rd. Date Updated: 9/6/06 DESCRIPTION CAPACITY Ll\ND SIZE Fire Station 0.5 acres DEMAND CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDiNG SIZE: RESIOENTL~L STORAGE: 3,177 TOTAL SQUARE FT: 3,177 APPARATUS AND EQUIPMENT Engines: 1 TOT,l\L /.l,PPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPV.i N 1 LiEUTENANT 2 aJGli'JEERS: 3 FiRE FIGHTERS: 6 TOTAL ST~FF: 12 SER~lCE AREA AREA SIZE: AREA TYPE: ARE.A POPUL..\TION: CALLS PER YEAR AVERAGE RESPONSE Tli\ilE 5 Sq Miles Urban 6,000 1 ,200 est. 6 Minutes est. TOTAL POPULAT10N OF DISTRICT 93,400 72 5Jg n,:vls~d: i :::214 1-2:<-04 las: 1-2'J.04 las2/4/04 sjg, 2-5.04 las; 3-17-04 las, 9-30-04 las, 12-6-04las: 4-21-05 las/4-2s-0s bjp/5-27-DS; 5-31- os bjp&ocslas: 6-2-'::5 JPH:!as/6-'13-05 bjp: 8-2-06 oC5:las; 8-22-06 OC5:las; 8-31-06 OC5:JH:las; OC5:las 9-7-06 BOFC approved 9-12- 06:Board R~"'SI()l\S 1:lsO)-1 ~-lih 161 18 5 North Naples Fire Control and Rescue District (NNFCRD) Five Year Strategic Plan Presented by: Fire Chief Michael L. Brown Assistant Chief John German Deputy Chief Orly Stolts Jr. Deputy Chief Joe Hessling Becky Pagan, Chief Financial Officer Deputy Chief Karl Re)'11olds Deputy Chief Jorge Aguilera Deputy Chief Michael Swanson Presented to: Board of Fire Commissioners J. Christopher Lombardo Joyceanna J. Rautio Paul J. Moriarty Sr. James J. Quigley Margaret Hanson {) I 10 u FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Mission Statement The mission of the North Naples Fire Control and Rescue District is to protect life and property from fire and other emergencies through incident response, public education and code enforcement, while delivering the highest level of service, including Advanced Life Support Services, to our residents through the prudent management of our time, resources and personnel. 2 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-2S- OS bjp/5-27-0S; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:las :9-13-06 '~'''';_'''''' . ___... ,_"_"_,.o"".'"......,..._.".~.,,.,_,._."""""_n 5 ;{ !,,' ..1 FINAL- Approved by Board ofF~ C~~missiori~rs ~-05 j; Revision - Approved by Board of Fire Commissioners: 9-12-06 Table of Contents Mission Statement ................. ..... ... ........ ..... ........... ....................... .... ........... ... ... ... ..... ........ 2 North Naples Fire Control and Rescue District .................................................................. 5 Current Resources and Service Delivery ............................................................................ 8 Apparatus and On Duty Staffing:....... ............................................................ ................... 12 Apparatus and On Duty Staffing:................................................................. ..................... 13 Training: ............................................................................................................................ 13 Chief Officers: ........... ........... .................................. ... .................. ........ ............. ..... ........... 13 Emergency Medical Services ............. .... ......... .......................... ....... ............ .... ...... ........... 14 Special Operations............................................................................................................ 15 Fire Response Assignments........ .......................................... ....... ...... .......... ................ ..... 15 Emergency Service Performance..... ..... ....................................................... ..................... 16 Response Times and Goals. ........................................... ................ ................................... 18 Response Time Sequence ... ..... ..................... ............. ..................... ... .................. ..... ........ 18 Non-Emergency Services.................................................................................................. 20 Other Programs... ......... .......... ........ ............... ................................ .......... ............ .............. 23 Support Staff.. ............... ...... ........ ................ ......................... ............ ...... ...... ...... ..... ...... .... 24 Support Services .... ... ............. .......................... ........ ......... ............ ........ ..... .......... .... .... ..... 26 Training............................................................................................................................. 27 Safety within the District................................................ .......... .................................. ...... 28 Emergency Dispatch .............. ............. ..... ..... ..... ... ..................... .... ....... .......... .... .... .......... 28 Special District Public Facilities Report ........................................................................... 29 Human Resources Management........................................................................................ 29 Information Management and Technology ................... ............ .... ....... ................... ..... ..... 30 OPERATIONAL PLAN SUMMARy.......................................................... .................... 32 Year 1 Budget Year 2006-2007........................................ ........ ......................... 32 Year 2 Budget Year 2007 - 2008..... ............................. ............. .... ........... ........ 34 Year 2 Budget Year 2007 - 2008...................................................................... 34 Year 3 Budget Year 2008 - 2009...................................................................... 35 Year 4 Budget Year 2009 - 2010......................................................................37 Year 5 Budget Year 2010 - 2011...................................................................... 38 Goals in the Next Five years...................................................................... ...................... 39 Capital Improvements Program............................................. ............. .............................. 40 Elements of the Program................................................................................................... 42 Program Calendar for Each Upcoming Year ....................................................................43 Definitions.......................... ............................................................................................... 43 Limits of the Program.................. .................. ................................................................... 43 PROPERTY OWNED AND LAND ACQUISTIONS .....................................................44 FACILITIES.... ... ....................................... ............................. ............. ... ..... ...................... 45 FINANCIAL HIGHLIGHTS............................................................................................ 46 Summation........................................................................................................................ 60 Attachment A......... ......... ... ... ........... ......... .......... .... .......... .... ....... ........... ............... ........... 61 3 /sjgrevised: 1/22/04 1-28-04las; 1-29-04las2/4/04 sjg, 2-5-04Ias; 3-17-04 las, 9-3O-04Ias. 12-6-04 las: 4-21-05Ias/4-25' 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: &2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 I!' , 1 B 5 FINAL- Approved by Board of Fire Commissioners 6-9-05 ' Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment B .. ...... ...... .......... ................... ............................. ............. ... ........... ... .............. 62 Attachment C .................................................................................................................... 63 Attachment D ................. ..................................... ......... ..................................................... 64 Facility Record- Station 40 ......................................... ..... ................................................. 65 Facility Record- Station 42 ............................................................................................... 66 Facility Record- Station 43 ............ ................................................................................... 67 Facility Record- Station 44 ............................................................................................... 68 Facility Record- Station 45 ............................................................................................... 69 Facility Record- Station 46 ......................................... ...................................................... 70 Facility Record- Station 47 ............................................ ....................................... ............ 71 Summary of Facility Records.... ... .................................. ..... ........ ..... ........... ........... .... ....... 72 4 Isjg revised: 1/22/04 1-28-041as; 1-29-04 las2/4/04 sjg, 2.5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:laS: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las: 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:1as :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 b: . -J L,~ J North Naples Fire Control and Rescue District North Naples Fire Control and Rescue District is an independent special taxing district established by the State of Florida in 1961. According to the Collier County Graphics Department, this District provides fire and rescue services to seventy (70) square miles within Northern Collier County, which includes commercial, residential and multifamily units located within Naples, Florida. The North Naples Fire Control and Rescue District is under the leadership of Fire Chief Michael L. Brown, who reports to an elected five-member Board of Fire Commissioners. The North Naples area is one ofthe fastest growing areas in the United States. This rapid growth is expected to continue, with population in the District increasing from its estimated 78,062 to 101,764 by the end of 2008 (Collier County Planning Office, 2003). See Attachment (A). Anticipated call volume will also significantly rise from approximately 12,000 annually to about 18,000 in 20 11 ~ see Attachment (B) for more details. Infrastructure of the various communities is expected to keep pace with the population growth, but there will be a challenge in the congestion of transportation routes throughout this area in overall District response. Geography of the District and the development of new transportation routes will be closely monitored by the District in order to significantly reduce response times to various calls. The North Naples Fire Control and Rescue District provides a full range of services, including non-transport first response to Basic Life Support (BLS) and Advanced Life Support (ALS) to medical emergencies. The District operates out of seven (7) stations and maintains six (6) engine companies, and three (3) ladder companies; manning a total of nine (9) apparatus. At the 90th percentile, response time performance to structure fires was seven (7) minutes or less (Collier County Dispatch, 2003). The District's rating by the Insurance Services Organization is a split 3/9 on a range ofl-l 0, with one (1) being the best, three (3) in the hydrated areas and nine (9) in the non-hydrated areas which are served by mutual aid tankers. 5 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFe approved 9-12-06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 ~~, lB.. \,."i The District also provides a variety of support functions such as inspections for fire code compliance in new and existing commercial and multi-family structures within North Naples. The Fire Prevention Bureau works closely with the Collier County Fire Code Officials to provide uniformity of code interpretation throughout all of the fire districts within Collier County. A strong emphasis on public education is also important to the District. The District has benefited from the impact fees and revenue sources including both ad valorem taxation and developmental impact fees as well as fees for inspections, occupational licenses, flow test, hydrant maintenance, thrust block inspections and firework permits. Revenues from Ad Valorem and Impact Fees have consistently increased, but the District will analyze the rate of growth periodically to estimate any change in this revenue trend. After a thorough analysis of community development conditions and trends, operational methodology, resources, resource distribution, accepted industry standards and other factors, this report will provide recommendations for maintaining and/or improving the services provided by the District. Among the most significant recommendations contained in the Critical Issues and Recommendations are the following five major factors: 1. Addition of two (2) Fire Stations and one (l) Engine Company and one (l) Ladder Company during the next five (5) years to bring the total to nine (9) Fire Stations, seven (7) Engines and four (4) Ladders. 2. Continued analysis ofthe District's organizational structure for greater efficiency of District operations, adding the needed personnel at the administration level as well as the shift level. 3. Commitment to maintaining apparatus replacement schedule and facilities maintenance schedule by establishing and maintaining a reserve fund. 4. Strengthening the District's officer training program at all levels as well. History North Naples Fire Control and Rescue District is an organization that is dedicated to the citizens of North Naples by adhering to a high standard of professionalism in everyday 6 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire commissioner~~ 9(~-Of operations. This NNFCRD has an impressive history of rapid growth and change that had created some unique challenges to its development, while at the same time equipping its members to adapt to new ideas and methods. 1 :fJi5 The District was initially established in 1961 as a small, rural volunteer fire organization protecting the homes of residents of North Naples. It was designated as an independent taxing district in 1965 by the Florida Legislature, providing a method for consistent and adequate financial resources. It is located in the Northwestern tip of Collier County, and encompasses an area of seventy (70) square miles. Today, the North Naples Fire Control and Rescue District maintains a high degree of professionalism, accountability, and responsibility to the citizens of the community. There is a clear understanding among the staff that the District has the full potential to become recognized as a leading organization in the fire service, providing a full array of modern, professional services to the community. Services currently provided by the North Naples Fire Control and Rescue District include: ~ All types of Fire Response ~ Emergency Medical Services (ALS and BLS) ~ Hazardous Materials Response ~ Vehicle Extrication ~ Special Operations (Ops): low/high angle, confined space, trench, and building collapse rescues ~ Canine Search and Rescue ~ Beach Patrol ~ Water Rescue/Boat operations ~ Fire Prevention and Code Compliance Inspection ~ Fire Investigation ~ Public Fire and Life Safety Education ~ Dive Rescue ~ Community Emergency Response Team, AKA C.E.R.T. ~ Serving our Seniors, AKA S.O.S. North Naples Fire Control and Rescue District also demonstrates effective working 7 /sjg revised: 1/22/041-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- OS bjp/5-27-05; 5-31-05 bjp&ocs:las: &2-05 JPH:las/6-13-05 bjP: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:laS 9-7-06 BOFC approved 9-12-06:Board Revisions:las9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 relationships with other city and fire districts of neighboring jurisdictions. The District established mutual aid and auto aid agreements with all neighboring fire districts and municipalities. These agreements ensure that each district or municipality has access to additional resources during major emergencies. Current Resources and Service Delivery 16' 18) Stations. Apparatus and Personnel Fire departments need a balance of three (3) basic resources to carry out their emergency mission successfully; specifically people, equipment and facilities. Because firefighting is an extremely physical pursuit, the adequacy of personnel resources is a primary concern, but no matter how many firefighters there are, there must also be significant fire apparatus distribution and standards of station coverage in order for the fire apparatus to protect the community of North Naples in an efficient manner. North Naples Fire Control and Rescue District has over one-hundred forty-five (145) firefighters and fifteen (15) apparatus deployed from seven (7) fire stations, and two (2) more stations will be added to increase this coverage within the next five (5) years. Currently, the numbering of the stations and locations is as follows: · Station 40, located at 1441 Pine Ridge Road · Station 42, located at 7010 lmmokalee Road · Station 43, located at 16325 Vanderbilt Drive · Station 44, located at 8970 Hammock Oak Drive · Station 45, located at 1885 Veterans Park Drive · Station 46, located at 3410 Pine Ridge Road · Station 47, 2795 N. Airport-Pulling Road · Station 48, Livingston Road, future planned location · Station 49 Broken Back Road, future planned location · Station 410 925 Oaks Boulevard, future planned location Station 40 is the oldest station within the District as it was built in 1983 (Collier County Permitting Department, 2003). This station will be closely monitored for any structural 8 /sjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjpf5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisions:las :9-J 3-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 deterioration and internal air monitoring over the next decade. Also, the expansion of Pine Ridge Road will necessitate the monitoring of the response times of apparatus. Improvements to this station as well as to other stations within the District will be made as deemed necessary by the Board of Fire Commissioners. < , .; ~' ".. J:: ..... Firefighters assigned to each fire station are responsible for emergency first response in a correspondingly numbered "Response District". It is important to note that the distribution and the size ofthe territories has as much to do with growth history as with geography, and demand of the population this district serves. North Naples Fire Control and Rescue District strives to serve the growing population by increasing the number of stations and coverage locations as development and growth continues. The Insurance Services Office (ISO) rates fire departments based on a complex schedule of measurements that covers a wide range of factors significant to fire protection. The ISO classification provides insurance companies with a standard estimation of conflagration risk for fire insurance rating. One (1) component that the schedule weighs is the distribution of fire companies within the community. This grading schedule suggests that developed areas in a city should have a fire department within 1 1/2 miles travel distance. (Insurance Services Office, 2003). A circular response area with a radius of 1 1/2 miles encloses about seven (7) square miles, and that's less than the current average service area of existing stations. At seventy (70) square miles, our District should have ten (10) stations. We have identified eleven (11) locations within our District to be considered for station locations as growth dictates. The distribution of the fire stations within this District is currently spread out evenly to cover the District. However, the need for new stations to cover new development is necessitated by the development of single family and multi-homes. Target areas in need of improvement in existing coverage are located in the following areas: 1. Immokalee Road, West ofI-75, and along Livingston Road North. Improvement in coverage is also needed in the areas of; 9 /sjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-2S- 05 bjp/5-27-QS; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 . . '~i 2. Collier Blvd. (formerly 951), Broken Back Rd. and Immokalee Road. ~ 3. U.S. 41 and Old U.S. 41 area, and additionally; 4. Livingston Road and Vanderbilt Beach Road Extension. 61 18 Currently, the highest call volume and response rate is estimated to be from Station 40, Station 44 and Station 45 respectively. Station 45 has a training tower and a training facility to meet the current training needs of firefighters and citizens. More training rooms will be added to other planned stations to facilitate the ongoing learning that firefighters must undertake in their professions. The North Naples Fire Control and Rescue District budgeted in FY 2006-2007 a total of175 employees. The classifications are as follows: · Fire Rescue Line Personnel: ...............................................105 · Fire Rescue Line Officer Personnel: ...................................... 41 · Fire Rescue Officers Non-Bargaining Unit Personnel: ......... 8 . Administrative Personnel: ..................................................... 19 Fulltime . Mechanics............................................................................. 2 · Elected Fire Officials: ............................................................. ~ Total.................................................................................................... 180 The North Naples Fire Control and Rescue District is an Equal Opportunity Employer (EOE), and the District strives to meet all applicable standards set by the E.E.O.C., as well as the Americans with Disabilities Act. A future five-year goal is to expand the Human Resource Division within this District so as to directly address labor relations, benefits and any problems that may arise. The current District established apparatus staffing target is three (3) firefighters per engine and aerial companies. 10 /sjg revised: 1/22/04 1-28-04 las; ].29-04 Jas2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-oS; S-31'OS bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bJp: 8-2-06 OCs:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:laS; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revlsions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 5 Ii The following chart describes the apparatus and on-duty staffing assigned to e~St~tion: Apparatus and On-Duty Staffing - Table n On-Duty Staffing Station# Apparatus Year Assigned Preferred Staffing Safe Staffing Staffin2; 1 40 Engine 40 5 3 3 2 40 Ladder 40 4 3 3 3 42 Engine 42 4 3 3 4 43 Ladder 43 4 3 3 5 44 Tower 44 4 3 3 6 44 Engine 44 5 3 3 7 Rescue 44 0 0 0 8 Medic 44 1 1 0 9 BC-40 (auto) 1 1 1 10 45 Engine 45 4 3 3 11 46 Engine 46 4 3 3 12 Pumper 45 Reserve 0 0 0 13 Pumper 43 Reserve 0 0 0 14 Engine 43 Reserve 0 0 0 15 Tower 40 Reserve 0 0 0 16 Brush 42 0 0 0 17 Brush 44 0 0 0 18 Brush 46 0 0 0 19 SRU 41 0 0 0 20 SRU 45 0 0 0 0 21 47 Engine 47 4 3 3 22 Boat 41 0 0 0 40 29 28 North Naples Fire Control and Rescue District's current target staffing requires a preferred staffing of twenty-nine (29) field operations personnel on duty twenty-four (24) hours per day. Assuming a rather conservative leave ratio of 20% (leave time per hours worked for vacation, Kelly Days, and personal leave), we allow for an additional eight (8) personnel to be off duty for reasons including but not limited to sick time, family leave, workers' 11 /sjg revised: 1/22/04 1-28-04Ias; 1-29-04 Jas2f4/04 sjg, 2-5-04IaS: 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: &2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:Jas :9-13-06 -~;; 4~.' r . I~'" fr FINAL- Approved by Board of Fire Commissioners 6-Q51 Revision - Approved by Board of Fire Commissioners: 9-12-06 18('~ compensation, military, disability, jury duty, etc. The District assigns a minimum of forty (40) response personnel to each of its three shifts for a total of one hundred twenty (120) with forty (40) currently assigned and only eight (8) off; the District would meet preferred staffing. The North Naples Fire Control and Rescue District operates a fleet of front line apparatus that includes six (6) frontline engines, three (3) aerial apparatus, including two (2) ladder trucks and one (1) tower ladder, plus one (1) rescue. All of these were determined to be in good working condition by the North Naples Mechanical Shop that maintains these vehicles. The model year of the front line apparatus range from 1997 to 2006. Average age of the front line fleet is 5 years. The District has taken possession oftwo new aerials for the fleet to replace a tower and an engine from the frontline. In addition to the front line fleet, the District holds new engine, and two (2) telesquirts as well as a tower in reserve. The telesquirt and Tower are categorized in fair condition. The reserve units are used to replace front line unites) when it is out for repair or service. The reserve vehicles range in years from 1983 to 2004. The District also maintains a fleet of general staff support vehicles listed below: Apparatus and On Duty Staffin2: Vehicle: Use: 1. Ford Ranger........ .................... ................. .................. ......................... ... ..Beach Patrol 2. Ford F -250 ............................................................................................. Maintenance 3. Ford F-250.. ..... ............ ....... ...... ...... ................... .... ...(Old Maintenance) 4. Chevy Blazer ......... ..... ................... .......... ............. ................ .............. S.O.S. Program 5 . Ford Crown Vic ................................................................ .............. . Public Education 6. Ford Crown Vic .... ....................................................... ................. Public Information 7. Chevy Van........ .................................. ........ ..... ..... ... .................. Maintaining hydrants 8. Ford F-350 .................................................................... For ops trailer & brush truck 9. Ford F-550..................................................................... . ..Special Ops 10. Ford Van 250............................................ ...K-9 and Deliveries to stations 11. Ford 450 ... ........ .................. ............... ........ .................................... ............. Mechanic 12 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5.04 laS; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-2S- 05 bjp/5-27-0S; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Apparatus and On Dutv Staffin2: Vehicle: .'-'" L ~ ..."" Use: 12. Ford Expedition......................... ............................ .Mechanic take home (Subtotal =12) The District maintains five (5) additional vehicles listed below: Trainin2: Vehicle: Use: 13. Ford Explorer ......................... ......... ...................................... .... Training Commander 14. Ford Crown Vic ................ ....................... ............ .... ............... ....... ....... ............. Extra 15 . Ford 150 Pickup................................................................................ Training Officer 16. Ford Expedition ............................................................... ................. Training Officer 17. Ford F-250....... ... ... ............. ...... ... ... ...... ...... .... .. ...On Call Safety Officer 18 . Ford Explorer.................... ... ............................................................ Support Services (Subtotal =6) The District maintains six (6) vehicles for use by Chiefs: Chief Officers: Vehicle: Use: 19. Crown Vic .............................. ............ .................................................. ......... Chief 40 20. Ford Expedition............................................................................................ Chief 41 21. Ford F250 ...... ... .................. .................... ..... ......................... .................. ....... Chief 42 22. Ford Expedition................................................... ..... ... ...... .......................... Chief 43 23. Ford Expedition........... ................. ...... ...... ...... ...................... ...Chief 44 24. Ford Expedition.. ... ... ... .. . ..... . .. . .. . .. .. . .... .. . . .. . .. ... .,. ... ... .. . .. . .. ... .. ..Chief 45 25. Ford Expedition............. ................ ...... ....................... ........... ..Chief 46 26. Ford F250 ........................... .............. ................ Battalion Chief 40/Shift Commander 27. Ford Expedition ............................................. Battalion Chief 42/Special Operations (Subtotal =9) 13 Isjg revised 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13'05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Inspection Bureau: Vehicle: i A~.,. j. ..j. ", 'Ii;, ': 18 Use: 28. Ford Explorer.......... ................. .......... ............ ......... ........... .....................Fire Marshal 29. Crown Victoria.... ................ ....... ........ ...................... ........ ................. Fire Pre-Planner 30. Ranger Pick Up ............................................................................................ Inspector 31. Ford Taurus .............. ......... ........ ............................................... ........... ......... Inspector 32. Ford Taurus........ ............ ................... ................ .................. ......................... Inspector 33. Ranger Pick Up ...... ........... ... ..... .... .............. ...... ............... ............. ...... ......... Inspector 34. Ford Taurus....... ....................................................... .... ................................ Inspector 35. Ford Taurus.............................. .................... ................................................ Inspector 36. Crown Victoria. ..... ... .... .... .................... ............. .................. ............. ..... ....... Inspector 37. Ford Taurus.................................................................................................. Inspector 3 8. Ford Taurus.................................................................................................. Inspector 39. Crown Victoria....... ......... ..... ............................. .......... ... ... .......... ... .......... .......... Extra 40. Ford Explorer............................................................................. Deputy Fire Marshal 41. Ford F -150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . Deputy Fire Marshal (Subtotal = 14) Grand Total All Vehicles - Line and Support ........................................................41 In the 200412005 Budget year the District purchased six (6) new vehicles to replace older models and is in the process of adding them to the fleet. Emer2encv Medical Services The North Naples Fire Control and Rescue District currently responds to Emergency Medical Calls in the capacity of an ALS engine. A 911 call is received into the Sheriffs Office dispatch center and is appropriately coded based on the information provided by the caller. If the injury is life threatening or if an EMS unit is not within the response area, Fire is dispatched accordingly. Our District currently employs 48 paramedics and as of May 1, 2005 we began operating our engines with Advanced Life Support (ALS) equipment in cooperation with Collier County EMS. Transport is provided by Collier County EMS. On occasion, when a patient's condition dictates, additional support is 14 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 laS; 3.17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-Q5; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6'13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13.06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 provided to the transporting EMS unit when a firefighter/paramedic or EMT rides along to assist. ;--.J <~ / It is the District's intention to hire additional firefighter/paramedics to increase the number of ALS vehicles operating daily. The District has been proactive in facilitating a Paramedic school to produce highly trained firefighter paramedics. Under medical direction, the District will continue to evaluate the medical needs of our residents and expand our ALS protocols Special Operations The North Naples Fire Control and Rescue District provides various extrication services. The District strives to maintain a high level of training to be prepared to handle emergencies such as those requiring vertical line rope rescues, confined space, trench collapse, swift water and deep water rescue. The District participates with the U.S. Coast Guard in boat rescue and fire fighting operations with the District's three (3) boats. Boat 41 is equipped with a 750 gpm fire pump. The District has thirty-seven (37) State Certified Haz-Mat Technicians and equipment to respond to Hazardous Materials and Weapons of Mass Destruction. Currently there are forty (40) firefighters assigned to a shift at NNFCRD. Significant time is spent training on these specialized skills in order to ensure an adequate number of trained individuals to handle an incident at any given time. Skill mastery and retention becomes a significant concern when combining these training demands with normal firefighter in- service advanced firefighting courses, hazardous materials training, dive team training, boat operations training, inspector training, and officer development programs. In a district such as North Naples, the spread of specialized certifications, training and advanced skill development is essential to each and every individual that works in the District. Fire Response Assienments The North Naples Fire Control and Rescue District has developed standard assignments for the dispatch of personnel and apparatus to various types of calls for service. These assignments vary from as many as seven (7) emergency vehicles to as few as one (1) depending on the type and severity of the emergency. The following table lists the 15 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04Ias: 4-21-05 las/4-2S- 05 bjp/5-27-oS; 5-31-05 bjp&ocs:las: &2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1Z-06:Board Revisions:las :9-13-00 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire commissioT'61106 assignments. While we judge them as typical of the industry as far as the number of apparatus, current North Naples Fire District staffing conditions could result in the response of as few as ten (10) to eleven (11) firefighters to structure fires, depending on the station territory. This could create safety concerns on initial operations, particularly mid to large sized structures. However, larger sized structures would have six (6) additional personnel responding. !t..,. 1. ,5 EMS calls: House Fires: All other fires: Commercial Fires: High Rise Fires: Engines '~ '~~~ '~~ ~~~ ~~~~'~ Ladders ~ ~~ .~~ Emereencv Service Performance The North Naples Fire Control and Rescue District responds to a variety of emergencies. There was a mix of emergency responses made by the District for the period of2005-2006. 200Slncld."1 Total. byTyp.. '.""'1 I i I MOO +------ i I ''''"~ I I ,.""'+-- I , ''''''I ,,~ 01'-' I ..'" '" Fire Related calls in 2006 comprised 43% of the total responses; roughly 53% of the emergencies handled by the District were for emergency medical assistance and 4% were classified other (extrication, stalled elevator etc.). 16 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjpf5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:laS 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commission~: A2-r As the workload of this fire district increases it is important to know when calls are occurring any time of day, day of week and month of year. Creative deployment solutions can be developed based on this information. The charts below represent 2005 data. Responses by time of day vary significantly, as is expected. Peak response loads occur between the hours of 8:00 a.m. to 8:00 p.m. 18 /I Calla by Time of Day 2005 9:00 --" " " .. ." ,., "-. , ! i i i I i 1:00 3,00 5:00 7:00 11:00 13:00 15:00 17:00 19:00 21:00 23:00 100 200 300 400 500 600 700 BOO There is a fairly significant variation in responses by month. The chart below shows the total runs by month for 2005. While not significant at this point in time, growth will certainly exacerbate the difference in terms of crew workload. Note: October shows the impact of Hurricane Wilma on the number of calls responded to. T cui Runs by Month for 2005 ." -'''; ! I > T I '.... ,.,,- , .' , J~"", F.."".., ...." April ,~, ......' SlIpl8ll'll:W "'- ""~"" "'" <00 "'" "'" '.000 >.200 1.<00 17 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- OS bjp/5-27-05; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; ocs:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 t. , n .~ ~, .1 !~ Response Times and Goals A goal of a six (6) minute response time to emergency calls for service is an ambitious goal given the widespread geographical nature and traffic congestion of the service area. The North Naples Fire Control and Rescue District structure fire response for the first arriving unit for the calendar year 2003 were analyzed to determine the following: ~ The average create-to-transmit time is 1.21 minutes (call intake) ~ The average transmit-to-dispatch time: .65 minutes (dispatching the calls) ~ The average dispatch-to-arrive time: 5.41 minutes ~ Total from call-to-on scene average: 7.27 minutes for reported structure fire in 2003. Data collected from the Collier County Dispatch Center is shown in hundredths of a minute. This includes both residential and commercial responses. For example, .5 minutes equals 30 seconds. As indicated above, the average number of responses exceeds the six (6) minute goal. Time of day also has some influence on response time performance (rush hour, etc.). Response time performance within each of the "District" fire station coverage areas shows little variation. This suggests that response time improvements will need to focus on improvin~ geographic coverage rather than increasing the number of response units in each given station area. The following section discusses factors that influence response time in more detail and reviews the analysis of issues significantly impacting response time performance for North Naples Fire Control and Rescue District. Response Time Sequence There are eight (8) stages of events that occur from the inception of the emergency being 18 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: &2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9.7-06 BOFe approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire commiSSionlS: 612f6 1 B detected until arrival of response crews. The amount of time these stages take directly influences overall accomplishment of a response time objective. These stages are: 1. Detection - The discovery that an emergency exists 2. Report - The establishment of contact with the Emergency Communications Center. (ECC) - Calling 911 3. Call Triage- The activity ofthe ECC call-taker to establish the nature ofthe :--.1\1 OJ emergency. 4. Call Processing - The identification of which units should be dispatched based on the nature of the emergency. 5. Dispatch - The notification of response units of the type and location of the emergency based on availability. In the event the primary unit is on call, the next closest unit would be dispatched. 6. Turnout - The time between Dispatch and the first movement of the vehicle(s) towards the location of the emergency. 7. Travel - The time taken to travel from the response unit's location at the time of dispatch to arrival at the location of the emergency. 8. Setup - A variety oftasks accomplished by response crews to prepare for initiation of incident intervention (checking for occupants and hazards, setting up hose lines, establishing water supply, etc.) The two most relevant stages for the purpose ofthis analysis are turnout and travel. Turnout and travel times for this time period were analyzed to determine the overall effect they had on a six-minute response time objective. Based on this analysis it is clear that a wide-spread geographic coverage contributes to long travel times thus resulting in response time performance being outside of the goal of six (6) minutes, 90% of the time. Fire stations 40, 42, 44, 45, 46 and 47 provide a high level of coverage to the developed areas. Fire station 43 provides less effective coverage due to it's location on the northwest 19 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:laS/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisionslas :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 district's border (per ISO). The NNFCRD is proposing to add two (2) additional fire stations within five (5) years, which will be Station 48 and Station 49 to better serve the District. NNFCRD further proposes to purchase property in the area of Livingston Road and Vanderbilt Beach Road Extension; and U.S. 41 and Old 41 for new stations 410 and 411. See Attachment D, District map for details. Non-Emer2:encv Services Fire departments routinely provide a variety of services to the community that does not involve emergency response. These services have a significant impact on the ability ofthe District to accomplish its primary mission. For instance, code enforcement and public education can be methods of reducing the occurrence of fire by eliminating the precursors to fire and teaching fire avoidance. It is always better to prevent fire rather than fight it. Therefore these are direct steps toward protecting the community from dangers of fire. Likewise, the North Naples Fire Control and Rescue District provides non-emergency services that impact its mission. It has been shown that aggressive fire inspection and code enforcement programs can reduce fire occurrences by eliminating ignition sources. In addition, proper enforcement of life safety codes can improve the chances of survival for occupants should a fire occur. In the North Naples Fire Control and Rescue District, the Fire Prevention Bureau operates with a staff of seventeen (17) personnel, including the Fire Marshal, two Deputy Fire Marshals, ten (10) inspectors, one (1) Pre-Plan Examiner, one (1) Public Education Officer and two (2) support personnel. The Fire Prevention Bureau is located in the main Headquarters of North Naples Fire Control and Rescue District at Station 45. A. Current manpower is meeting the demand for inspections of new construction at this time, but the District is filling up with many small buildings due to the lack of space available and zoning requirements for new, high-rise buildings. This trend directly affects the collection oflower impact and inspection fees coming into the District, and may remain the same in the next five (5) years within the District. 20 /sjg revised: 1/22/04 1-28-04 Ias: 1-29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las. 9-30-04 las, 12-6-04 las: 4-21-05 las/4-2S- 05 bjp/5-27-0S; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las: 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FlNAL- Approved by Board of Fire COlnmi;sioners ~_9_05.ktB Revision - Approved by Board of Fire Commissioners: 9-12-06 The Fire Prevention Bureau also reports approximately twelve (12) more approved locations for high rises. The School Board has planned for three (3) more schools in the Northern end ofthe District. The District also has two other areas of growth; a) North of County Road 846 and West ofI-75 b) East of Livingston and South of Pine Ridge Road. B. In 2004, the Bureau performed 1,247 inspections of the 9,642 existing buildings. Therefore, the bureau has inspected 12% of existing buildings for 2004. The primary responsibilities of the Bureau are divided into four (4) basic areas: plan reviews, new construction compliance inspections, existing occupancy code enforcement, and public education. In order to accomplish these responsibilities in the rapidly growing area of North Naples, the Prevention Bureau is similar to that of a municipal building department. All plans for new construction within the District must be submitted to the Bureau for a review, with the exception of one and two family dwellings. This process assures that the design of the structure is compliant with both the fire codes and the fire protection sections ofthe building code. A cooperative relationship exists with the Fire Code Officials Office, and the Collier County Building Department, wherein all agency plans reviewers provide input and feedback to each other when problems are noted in a proposed plan. This positive working relationship enhances the effectiveness of all ofthese agencies. Once the plans are approved and the building is released for construction, compliance inspections are conducted to assure that the construction methods follow the design specifications. Four (4) inspectors are assigned the full-time duty of new construction compliance inspections. A unique aspect of North Naples Fire Control 21 Isjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 laS/4-25- 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:laS/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:laS 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Comm~~~io~~rs: .9-l2-0~ I> and Rescue District's inspection program is the requiremeri~:ifor . continuing 5 inspections at various phases of the project. In most communities a single walk- through by a fire inspector takes place prior to issuing of occupancy permits and perhaps an additional visit during sprinkler system testing. However, in North Naples Fire Control and Rescue District, check-off inspections are required at the completion phases of every aspect of fire protection, compartmentation and ventilation construction. This assures a high degree of compliance and is an extremely progressive and effective program. C. The third phase of the Bureau's responsibility is conducting on-going code enforcement inspections of existing occupancies. Seven (7) inspectors are assigned to this activity and the District is divided into zones assigned to each inspector. Inspections on existing structure identify violations of fire safety codes, exiting requirements and extinguishing system maintenance. Currently, target hazard occupancies are given priority. However, with the current manning, the inspectors that are trained will be able to give equal priority to all existing building inspections performed by the Fire District. The goal of the Fire Prevention Bureau is to inspect 50% of all District buildings each year. In 2005, the Fire Prevention Bureau conducted approximately 1,665 existing building inspections and 686 re-inspections of existing occupancies, which is 17% of 9,354 buildings. In new construction, the bureau conducted 4,932 inspections and 1,194 certificate-of-occupancy inspections. The North Naples Fire Control and Rescue District had 2,966 permits issued for construction and it continues to lead in growth within Collier County. D. The fourth part of the Prevention Bureau is fire public safety education, which is provided by the North Naples Fire Control and Rescue District through the public education officer, with additional support provided by the firefighters from the Operations Division and the Fire Prevention Bureau. The Public Education 22 /sjgrevised: 1/22/04 1-28-04Ias; 1-29-04las2/4/04 5jg, 2-5-04Ia5; 3-17-04Ia5, 9-30-04Ia5, 12-6-04Ia5: 4-21-05Ia5/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:la5: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OC5:la5; 8-22-06 OC5:las; 8-31-06 OC5:JH:las; OC5:la5 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 < Officer also provides safety awareness classes in CPR and Child Passenger Safety seats for citizens of North Naples. The Public Education Officer reports directly to the Deputy Chief of Life Safety. The programs offered by the Public Education Officer include delivery offire and injury prevention programs to each classroom within the schools located in the Collier County School District. Programs are also offered in Senior Living Facilities and in communities throughout North Naples. The Public Education Officer works closely with the District's Public Information Officer to ensure that quality education and information programs are in place within this community. . )J ...d/ Other Proerams 1. The Public Information Officer (PIO) responds to major emergencies to provide on- scene public information to all areas of the news media, as well as videotaping and recording many major emergencies within the District for training and historical purposes. 2. The Executive Assistant to the Fire Chief is also the custodian of public records for the District as citizens may request information regarding the District from time to time. Therefore, the role of the Executive Assistant is important as document availability ensures honest government practices and overall accountability to taxpayers of the District. 3. The older population of North Naples is definitely a concern to the North Naples Fire Control and Rescue District, and the District has responded with the Serving Our Seniors (SOS) Program. This volunteer program delivers groceries to those residents of the District that are unable to shop for themselves by driving to and from the grocery store to pick up their orders. This program provides a much-needed service to these residents, and ensures their well-being as volunteers check-in weekly to obtain their grocery requests. 4. Another program offered by this District is the sponsorship of Boy Scout Troop 2001, 23 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners,: 9-J 2-06 " 161 18 which is comprised of forty-three (43) Boy Scouts who proudly display high moral character and leadership skills. 5. Lastly there is the Community Emergency Response Team (C.E.R.T.), which is comprised of over four hundred and fifty (450) residents of North Naples that are trained to assist with disaster situations and recovery efforts within their communities. The Community Emergency Response Teams have completed an eight (8) week training program. Support Staff It is important for this fire district to operate with a certain amount of support systems that provide the tools necessary for effective delivery of services. As with any other large organization, adequate supervision and administration is necessary to handle human resource issues, budgets, purchasing and supplies. Proper maintenance and repair of the stations and fleet keeps the infrastructure and rolling assets on line. Likewise, without adequate and up to date training of personnel, the quality of services delivered deteriorates. Finally, the ability to communicate incident responses and emergency assignments is a critical component of successful outcome. The North Naples Fire Control and Rescue District employs approximately twenty-four (24) administrative management and support positions. In simplest terms, the primary job of the Fire Chief and other administrative management and support staff is to make sure that firefighters have the ability and means to do their job on the emergency scene, manage fire district facilities and resources, and assure the organization operates within budget. Efficient administration and support is critical to the success of all internal and external customers within this fire district. With sufficient oversight, planning, documentation, training and maintenance, the operational sections of the department will pass any emergency test. Therefore, as with other parts of the District, administration requires resources to function properly. The addition of administrative support staff to any fire protection system should not cause a 24 /sjg revised: 1/22/041-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revlsions:las9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 ~,-, Ii n reduction of the emergency capacity of the fire district. Policy makers usu1Ry'took for a balance in funding the administrative support and operational functions of the fire district. The administrative and support resources of each district should be just as adequate to ensure the high efficiency of emergency operations without detracting from the emergency mission. 5 Administrative management personnel of North Naples Fire Control and Rescue District currently is budgeted for (1) Fire Chief, three (3) Assistant Chiefs, and five (5) Deputy Chief positions. The organizational design features a three-branch, top-down scheme, with the Fire Chief responsible for the direct oversight of these three branches of the District (see Attachment C). These branches include Administrative Services/Financial, Emergency Operations, and Support Services. As of October 1,2006, there are one hundred seventy five (175) full-time budgeted positions, and five (5) elected officials in the District. These consist of one (1) Chief of the District, three (3) Assistant Chiefs, five (5) Deputy Fire Chiefs, one (1) Accounts Payable/Receivable Accountant, one (1) Payroll/Benefits Coordinator, one (1) Executive Assistant, five (5) Full- Time Administrative Assistants, one (1) Public Information Officer (PIO), one (1) Public Education Specialist (PES), one (1) Logistic Officer, two (2) maintenance persons, two (2) mechanics, one (1) custodian and one hundred fifty-five (155) firefighting personnel. We commonly look at the ratio of administrative support compared to the total positions of the fire district to gain a sense of the relative amount of resources that are committed to this important function. As we stated earlier, the suitable balance of the two components (administrative and emergency personnel) is crucial to the success of the emergency mission of the District. A number of emergency workers sufficient to be realistically able to fight fire, effect rescue, and provide other emergency services at the expected level is fundamental to the delivery of fire protection. The age of increased statutory regulation, however, makes it even more crucial that proper documentation and oversight takes place. Of the one hundred seventy-five (175) personnel in the District, 11 % of those persons 25 /sjg revised: 1/22/04 1-28-04 !as; 1-29-041352/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-QS; 5-31-05 bjp&ocs:las: &2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:laS; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisions:las :9-13-06 ti, 4 , i FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 function at the administrative support level. The proper ratio of administrative support and emergency positions is based on local needs and comparisons similar local agencies. Support positions may be increased as funding allows keeping up with the growth of the District. Organizations with administrative to operational job ratios as low as 5 percent run the risk of insufficient support of operational membership and/or difficulty in meeting the many quasi-legal requirements of modern fire protection. Fire Departments that were found to be similar in nature to North Naples Fire Control and Rescue District usually have IOta 15 percent of administrative support jobs within the system. In the next five (5) years, the North Naples Fire District should add seven (7) new administrative management and support positions: 1. One Assistant Chief (Year 1 - 2006-2007) 2. One Accounting Assistant (Year 1 - 2006-2007) 3. One Computer Technician (Year 1 - 2006-2007) 4. Two Data Entry Clerks (Year 1 - 2006-2007) 5. One Human Resource Director (Year 2 - 2007-2008) 6. One Controller (Year 2 - 2007-2008) These seven (7) new positions would be an asset in the District and add to the overall accountability to the taxpayers of this District. Support Services Personnel at North Naples Fire Control and Rescue District will perform routine maintenance and repair of fire stations. More significant repairs are contracted out. North Naples Fire Control and Rescue District has hired two (2) maintenance workers to maintain and repair the facilities within the District. Also, a custodian is employed for the cleaning of Administration Headquarters and Training Center. . In the future the District needs to develop a position of Equipment Purveyor to track and maintain all fire and medical equipment. This will add to the overall accountability of the District in day-to-day operations. Most repair work on apparatus will be conducted by the North Naples shop by certified 26 Isjg revised: 1/22/04 1-28-041as: ]-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-3D-04Ias, 12-6-04 las: 4-21-05Ias/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjP: 8-2-06 oCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-l2-06:Board Revisions:las :9.13-06 [) lfJ '~ ."(" t , ~I FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire CommissioI)ers: 9-12-06 J5 Emergency Vehicle Technicians. Occasional major work such as framework, overhauls, etc. is subcontracted out to specialty firms. Repair and maintenance activities are logged and tracked using computer software. The North Naples Maintenance Shop now employs two (2) full time mechanics and is monitoring the need to add a third in the future. Trainin2: North Naples Fire Control and Rescue District has a four story training tower and live bum facility to train firefighters of this District, and other fire departments within the South Florida Area. The Training facility also hosts the North Naples Fire Training Academy which is recognized as a State Training Facility. Firefighter training at North Naples Fire Control and Rescue District is the responsibility of the Training Division. These individuals coordinate the delivery of training to all current members, as well as new recruits to the District. The Training Division Instructors educate firefighters in the most current and up-to-date procedures, tactics, and technical information in the fire service. In addition, the Training Officers act as District safety officers on the scene of emergencies. The available time for training delivery is currently fragmented between various programs such as special operations, hazardous materials and other advanced skills. Currently, the Training Division also assists in other support and logistics functions as deemed appropriate by the District. If the District can reduce these support and logistics functions, the officers within this division can free up their time to educate and train firefighters. Training time is dedicated to basic skills retention, including practice of physical evolutions, multi-company drills and mutual aid coordinated training drills. Fire Officer Curriculum career advancement programs are available and delivered for future officers through the Community College System. Additional five (5) year goals for the training department include recertifying and maintaining all EMT and paramedic certifications 27 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 laS; 3-17-04 las, 9-30-04 las, 12-6-04 laS: 4-21-05 las/4-2s- 05 bjp/5-27-0s; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0s bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 ~ 18 ~" ~ Safety within the District The District has not yet conducted a full National Fire Protection Association (NFP A) 1500 program compliance audit and has not established a compliance plan in accordance with the recommended methods listed in that document. At present the new procedures and techniques are evaluated, and decisions are made with compliance in mind. The District's goal is to work towards NFP A 1500 implementation. In 2006 the District adopted FFOSHA standards. Emereencv Dispatch A branch of the Collier County Sheriffs Office (CCSO) handles radio communications and emergency dispatch. The District operates on a truncated radio system capable of handling verbal and data signaling transmission. The primary repeater site for the North Naples Fire Control and Rescue District is on Trade Center Way. This repeater is supplemented by additional sites on County Barn Road, W A VV Tower and EMS Station lOon Marco Island intended to improve handheld communications. The Collier County Emergency Control Dispatch System (CCECDS) is capable of handling communications for all fire departments within Collier County at this time, but as the county population increases and the call load increases, attention will be needed for expansion of this service. This system is currently operating primarily on analog transmissions, but is being switched to a capability for combined analog and digital transmission trunking. Computer Aided Dispatching (CAD) is provided by the County, which is very stable and reliable for the communications efforts of the District. Information and data are currently shared between the CAD and the District's information management systems. This step has enabled the District to add computers to the vehicles for more effective communications. The communication center maintains a staff of one (1) supervisor and ten to fifteen (10-15) operators on duty with one operator dedicated to Control North. Certified Emergency Medical Dispatch personnel are employed on all shifts and caller medical aid is provided when appropriate. Improvement in the dispatch center staffing levels will be needed in the next five years as Control North and Control South are sometimes merged into one frequency to circumvent shortage of staff levels in the Dispatch Center. Quality assurance meetings 28 /sjg revised: 1/22/04 1-28-04las; 1-29-04Ias2/4/04 sjg, 2-5-04 la5; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OC5:las; 8-22-06 OC5:la5; 8-31-06 OC5:JH:las; OC5:las 9-7-06 BOFC approved 9-l2-06;Board Revisions:]as :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 with dispatching staff are conducted quarterly. , . ~.;:/ ." 5'''''''' , Special District Public Facilities Report 2005 (Florida General Statute 189.415) In compliance with General Statute 189.415, the following Public Facilities Report is published for the North Naples Fire Control and Rescue District for the Year 2005. Below is a brief description ofthe next proposed facility (Station 48) of North Naples Fire Control and Rescue District. For the existing facilities please see the detailed Facility Record in Attachment E. Station 48 (In Planning) Anticipated capacity of this building is thirty four (34) parking spaces, housing facilities for ten (10) crew members, one physical fitness facility, and three (3) bays. This station will be located on Livingston Road, North of Immokalee Road. The anticipated financial requirement for the design and construction of this facility is $3,000,000. The funding source will be through impact fees, and the design and construction of the facility will span three fiscal years, encompassing design through staffing of the facility. The funds from impact fees will be available beginning in the 2005-2006 fiscal year. Provisions for the staffing of this station are made from the General Fund beginning in the 2009-2010 fiscal year. Human Resources Manaeement In most municipal fire departments, certain support functions, such as budget or bookkeeping staffare shared with the City itself. The North Naples Fire Control and Rescue District is an independent special taxing district, which means that this organization can share only a few resources with other area municipalities. While most fire departments benefit from the use of a municipal human resource manager, North Naples Fire Control and Rescue District conducts these activities within the organization. As staff numbers grow, so will the complexity of issues regarding health insurance, pensions, benefits packages, promotional packages, promotional processes, grievances and other 29 /sjg revised: 1/22/04 1-28-04las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 (as: 4-21-05 las/4-25- 05 bjp/5-27-0S; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9:-12-p6 .' H Ui employee related concerns. Often, the skills necessary to successfully manage these responsibilities require specific and advanced levels of training beyond mere orientation. Advanced human resource management as well as risk management will be necessary to successfully manage the responsibilities of a larger work force in the near future. The position of Human Resource Director has been addressed as being needed in 2008 in this five-year plan. The position of Risk Management Director has not been addressed in this Five Year Plan, but should be given some consideration in the future "; B 1 '\ ~ Information Mana2ement and Technolo2V It should be understood that technology changes rapidly and it is impossible to accurately predict technology use beyond three years. NNFD has spent the lastfiscal year, 2005-2006, developing more consistency (same brand and operating system) for the desktop computer workstations, updating the computer network (server patches, operating systems, Red Alert upgrades, etc.) to current versions and revisions, and updating business applications (Microsoft Office, Group Wise, printers, etc.). Additionally, several security and infrastructure issues (backup procedures, cabling faults, etc.) needed to be and were addressed. NNFD enterprise network (local and wide area networks) is now far more reliable, stable, and secure than in the past. Vision: It is our vision that NNFD should utilize technology to increase effectiveness and efficiencies to deliver better services (incident response times, building inspections, community awareness, disaster preparation, etc.) to the community of Collier County (not just NNFD). We believe that this can be performed by creating secured, monitored, and auditable access to all information management systems from any place, at any time. This includes real time access from incident response vehicles (i.e. fire trucks, battalion chiefs' cars, etc.) to dispatch information, building blueprints, fire hydrant locations, hazardous materials information, etc. At this time most of these technical items have been completed however final completions should take place within this year, 2007. 30 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-0S; 5-31-05 bjp&ocs:las: &2-05 JPH:las/6-13-0S bjp: 8-2-06 OC5:las; 8-22-06 OC5:las: 8-31-06 OC5:JH:las; OC5:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 /'.' Proiects outlined desiJzned to move NNFD closer to the vision listed above: Completed -proiects: Auditable and monitored usage of high speed connectivity to the Internet Monitored and auditable universal email (Local and Internet email) Consistency for computers (i.e. servers, desktops, notebooks) distributed throughout the district Current releases of software (operating systems and application software) Firewall with VPN services for encrypted and secure access to NNFD's network from remote locations Thin client server for higher performance access to network information from remote locations, including all NNFD's fire stations besides station45 Secured and encrypted access from remote users, including fire trucks and inspectors Real time data feed for all of Collier County's Computer Aided Dispatch (CAD) information for all Fire alarms Approved and initiated projects: Proiects to be approved: Private secure wireless connectivity among NNFD fire stations Private secure wireless connectivity with other fire districts Redundant secure communications links among fire stations Move toward more secure LINUX operating system Implement server clustering to improve uptime and scalability Implement Storage Area Network (SAN) for improved efficiency and increased disk access performance Operational Overview See next page. 31 Isjg revised: 1/22/041-28-04 las; 1-29-04 las2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-0S las/4-2S- 05 bjp/S-27-0S; S-31-0S bjp&ocs:las: 6-2-0S JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions: las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 OPERATIONALPLANSU~RY 16' 1 B 5 Budget Year 2006-2007 Ad Valorem: Four (4) Firefighters (3 Shift I EMS) Two (2) Inspectors One (1) IT-Computer Tech Two (2) Data Entry Clerks One (1) Accounting Assistant One (I) Assistant Chief One (1) Part-Time Adm. Asst. to Full-Time From Designated Reserves: Replace Vehic1es Provided for in Budget Station Improvements Provided for in Budget Year 1 A. B. 2007 District Overview Overall Status 7 Stations 6 Engines 3 Ladder 1 Medic (44) 1 Battalion Chief Staffing 41 Per Shift 29 Per Shift Staffing 8 off Per Shift, Kelly, Vacation, Personal, etc. 4 Reserve Personnel Staffing Staffing Staffing C. Impac,t Fee: Expenditures: Station #48 (Livingston) Station #410 (Oaks) Shop/Warehouse/Office Station #411 (Wiggins Pass) V ehic1es- New Positions Office Equipment-New Pas. Emergency Signal-St. #42 Protective Gear- 12 sets Total Impact Fee Purch. D. Placed in Financial Reserves: A. $500,000 B. $165,000 C. $ 25,000 $690,000 3 = 18 3 = 9 1 = 1 1 = 1 29 $ 250,000 $1,000,000 $ 922,800 $ 350,000 $ 82,000 $ 50,000 $ 160,000 $ 19.500 $2,834,300 Apparatus Loan-Lump Sum Pmnt. PPE Additions for 2006-2007 32 Isjg revised 1/22/04 1-28-04las; 1-29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 laS/4-2S- 05 bjp/5-27-Q5; 5-31-05 bjP&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:laS; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 E. Designated Reserves (Cumulative) October 1,2006 Additions 2006-2007 Reallocation of Existing Designated Reserves Expenditures from Designated Reserves 2006-2007 Balance - Designated Reserves September 30, 2007 U ndesignated Reserves September 30, 2007 TOTAL Reserves (Designated & Undesignated) at September 30, 2007 $7,357,199 ,;-\ $ 690,000 ($ 854,403) ($ 264,350) $6,928,446 $ 14.051 $6,942,497 33 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-2S- 05 bjp/5-27-0S; 5-31-05 bjp&ocS:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 Year 2 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Budget Year 2007 - 2008 A. Ad Valorem: One (1) Controller One (1) Human Resource Director From Designated Reserves: Replace Vehicles Station Improvements B. 2008 District Overview e. D. Overall Status 7 Stations 6 Engines 3 Ladder 1 Medic (44) 1 Battalion Chief Staffing 41 Per Shift 29 Per Shift Staffing 8 off Per Shift, Kelly, Vacation, Personal, etc. 4 Reserve Personnel Staffing Staffing Staffing 3 = 18 3 = 9 1 = 1 1 = 1 29 $160,000 $ 30,000 $190,000 Impact Fee: Expenditures: Station #48 Station #411 Heavy Rescue Office Equipment Total Impact Fee Purch. 161 18 Placed in Financial Reserves: A. B. e. D. E. F. $ 500,000 $ 139,000 $ 20,000 $ 25,000 $ 130,000 $ 300,000 $1,114,000 $1,000,000 $ 350,000 $ 250,000 $ 20,000 $1,620,000 Apparatus Vehicles Equipment PPE Station Maintenance Heavy Rescue Additions 2007-2008 Designated Reserves (Cumulative) October 1, 2007 Additions 07-08 Expenditures from Designated Reserves 2007-2008 Balance - Designated Reserves September 30, 2008 U ndesignated Reserves September 30, 2008 TOTAL Reserves September 30, 2008 $6,928,446 $1,114,000 ($ 190,000) $7,852,446 $ 289.402 $8,141,848 34 Isjgrevised: 1122/04 1-28-041as; 1-29-04Ias2/4/04 sjg, 2-5-04Ias; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05Ias/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8'31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 E. FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Year 3 Budget Year 2008 - 2009 Open Station 49 (Immokalee and CR951)) A. Ad Valorem: Twelve (12) New Firefighters Three (3) New Battalion Chiefs ,~ 5 :t), From Designated Reserves One (1 ) Replacement Ladder Replacement Vehicles Personal Protective Gear Station Improvements $ 900,000 $ 165,000 $ 20,000 $ 30,000 $1,115,000 B. 2009 District Overview Overall Status 8 Stations 7 Engines 3 Ladder 1 Medic (44) 2 Battalion Chief Staffing 46 Per Shift 33 Per Shift Staffing 9 off Per Shift, Kelly, Vacation, Personal, etc. 4 Reserve Personnel Staffing Staffing Staffing 3 = 21 3 = 9 1 = 1 2 = 2 33 C. Impact Fee: Expenditures: Station #48 $1,000,000 Station #49 $2,000,000 Station #410 $ 250,000 Station #411 $ 350,000 Vehicles $ 65,000 BC Vehic1e $ 65,000 Engine (49) $ 550,000 Office Eq. $ 20,000 PPE $ 19,500 $4,319,500 D. Placed in Financial Reserves: A. $500,000 Apparatus B. $139,000 Vehic1es C. $ 20,000 Equipment D. $ 25,000 PPE E. $130,000 Station Maintenance $814,000 Additions 2008-2009 35 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-0S las/4-2S- OS bjp/5-27-0S; S-31-oS bjp&Ocs:las: 6-2-0S JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8.22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13.06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 E. Designated Reserves (Cumulative) October 1,2008 Additions 08-09 Reallocation of Existing Designated Reserves Expenditures from Designated Reserves 2008-2009 Balance - Designated Reserves September 30, 2009 ...... $7,852,446 $ 814,000 ($ 408,792) ($1 J 15,000) $7,142,654 36 Isjg revised: 1/22/04 1-28-04 las; 1-29-04Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las; 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 , h ~ '" '1 B FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Year 4 A. Ad Valorem: Budget Year 2009 - 2010 From Designated Reserves Replacement Vehicles Station Improvements Replacement Fire Equipment $170,000 $ 50,000 $ 30,000 $250,000 B. District Overview 2010 8 Stations 7 Engines 3 Ladder 1 Medic (44) 1 Battalion Chief Staffing Staffing Staffing Staffing Staffing 3 = 21 3 = 9 1 = 1 2 = 2 33 46 Per Shift 33 Per Shift, Staffing 9 off Per Shift, Kelly, Vacation, Personal, etc. 4 Reserve Staffing C. Impact Fee: Expenditures: Station 48 Station 410 Station 411 Total Impact Fee Purch. D. Placed in Financial Reserves: A. $500,000.00 B. $139,000.00 C. $20,000.00 D. $25,000.00 E. $130,000.00 $814,000.00 E. Designated Reserves (Cumulative) October 1, 2009 Additions 2009-2010 Reallocation of Existing Designated Reserves Expenditures from Designated Reserves 2009-2010 Balance - Designated Reserves September 30, 2010 I:>! Jl, i"'; !A~:;., ) .I $1,000,000 $ 250,000 $ 350,000 $1,600,000 Apparatus Vehicles Equipment PPE Station Maintenance Additions 2009-2010 $7,142,654 $ 814,000 ($ 562,621 ) ($ 250,000) $7,144,033 37 isjgrevised: 1/22/04 1-28-04Ias; J-29-04las2/4/04 sjg, 2-s-04Ias; 3-17-04 las, 9-3D-04Ias, 12-6-04Ias: 4-21-0slas/4-2s- 05 bjp/s-27-Qs; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0s bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Year 5 Budget Year 2010 - 2011 Open Station 48 (Livingston Rd. North) A. Ad Valorem: Fifteen (15) New Firefighters From Designated Reserves Replacement Vehicles Personal Protective Gear Station Improvements One (1) replacement Engine B. District Overview 2011 9 Stations 7 Engines 4 Ladder 1 Medic (44) 2 Battalion Chief Staffing Staffing Staffing Staffing Staffing 51 Per Shift 36 Per Shift, Staffing 10 off Per Shift, Kelly, Vacation, Personal, etc. 5 Reserve Staffing D. Impact Fee: Expenditures: Ladder/Engine Complete Station 48 Station 410 Station 411 Personal Protective Equip. Total Impact Fee Purch. D. Placed in Financial Reserves: $100,000 $ 10,000 $ 10,000 $120,000 Designated Reserves (Cumulative) October 1,2009 Additions 2010-2011 Reallocation of Existing Designated Reserves Expenditures from Designated Reserves 2009-2010 Balance - Designated Reserves September 30, 2011 E. i " ~ i 18 $175,000 $ 40,000 $ 90,000 $550,000 $855,000 3 = 21 3 = 12 1 = 1 2 = 2 36 $ 650,000 $ 500,000 $ 500,000 $ 350,000 $ 39,000 $2,039,000 Apparatus Equipment PPE Additions 2010-2011 $7,144,033 $ 120,000 ($1,005,429) ($ 855,000) $5,403,604 38 Isjg revised 1/22/041-28-04 Ias; 1-29-04 Ias2/4/04 sjg, 2-5-04 laS; 3-17-04 las, 9-30-04 laS, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board ReVlsions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 t!i\ ;-,: ....... 5 Goals in the Next Five Years During Year 1 (FY 2006-2007) the District should replace identified staff vehicles from the general fund reserves. The recommended reserves should be funded. Three (3) new firefighters would be added as well as an EMS Coordinator. Two (2) new Inspectors will be added to the Fire Prevention Bureau. A second IT person will be added as well as two (2) Data Entry Clerks and an Accounting Assistant. One (1) Assistant Chief would also be added to staff. During Year 2 (FY 2007 -2008) identified staff vehicles should be replaced from the general fund reserves. A Controller and HR Director will be added to staff. The recommended reserves should be funded. During Year 3 (FY 2008-2009) identified staff vehicles as well as replacement apparatus should be replaced from the general fund reserves. Ladder 44 is due for replacement during this fiscal year. . Station 49, Immokalee and CR 951, will be opened, requiring the hiring of twelve (12) Firefighters and three (3) additional Battalion Chiefs will be added to split the District. The recommended reserves should be funded. During Year 4 (FY 2009-2010) identified staffvehicles should be replaced from the General Fund Reserves. A replacement for an engine will be needed this year. The recommended reserves would be funded. During Year 5 (FY 2010-2011) an engine in the fleet will need to be replaced. Fifteen (15) firefighters will need to be hired with the opening of Station 48 on Livingston Rd. . The recommended reserves should again be funded. A schedule for station maintenance has been developed by staff. Adhering to this schedule will keep the buildings in good condition. General funds are presently being utilized to accomplish minimum maintenance as needed. Provisions to address scheduled building 39 /sjg revised: 1/22/04 1-28-04 las: 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-Q5; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OC5:las; 8-22-06 OC5:las; 8-31-06 OC5:JH:las; OC5:las 9-7-06 BOFC approved 9-12-06;Board Revisionslas :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 maintenance are in this proposed five-year plan. Firefighting and rescue equipment carried on apparatus should also be replaced as warranted. General funds are presently being utilized for these items. Provisions to address scheduled replacement are in this proposed five-year plan. Personal Protective Equipment (PPE) is set up on a six (6) year replacement schedule and the funding is also established in the general fund reserves of this plan. The general fund reserves of this plan will also allow for the replacement of the front line engines and ladder trucks in the current fleet every ten (10) to fifteen (15) years. The current staff vehicles are to be replaced from reserves within the next six (6) years. Many of the current vehicles will be passed down to other positions within the District. The following Capital Improvement Program supports the goals of the Five Year Plan. Capital Improvements Program The North Naples Fire Control and Rescue District Capital Improvements Program (CIP) is a comprehensive listing of assets owned by the District coupled with the condition and future plans for those assets. The Capital Improvements Program budgetary process encompasses the integration of revenues and expenditures, along with program policy issues included in the District's long range planning process. The programs goals and objectives: 1. Increase efficiency of the District's operations by maintaining assets in acceptable condition. 2. Recommend an annual level of combined expenditures for capital, major maintenance and equipment replacement. 3. Identify assets no longer useful to the District and assess the salvage/recoverable value of said assets, if any. 4. Reduce utility and maintenance costs by identifying improvements that will result in annual cost savings. 40 /sjg revised: 1/22/04 1-28-041as; 1.29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/S-27-05; 5-31-05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 5. Suggest a long term plan for each asset. ~, D 1B 6. Identify a plan for proposed maintenance and replacement of existing assets and acquisition of new assets which is based on a reasonable expectation of what the District can afford. 7. Become an on-going tool for annual asset tracking, update the asset inventory and re-assess long-term plans. Program Summary The funding requirements of the Capital Improvements Program for fiscal years 2006- 2011 are summarized below: (Ad Valorem and Impact) 1. Capital Vehicle/Apparatus.......... ........... ......... $3,934,000 2. Capital Improvements ........................................ $272,350 3. Capital Equipment ............................................. $429,000 4. Personnel......................................................... $7,682,581 5. Public Buildings/Land Use ........................... $10,422,800 Total Capital..... ......... ........ ............. .......................... ............ $22,740,731 The program presents a structured plan to promote orderly growth patterns and improvements in the following manner: ~ New Fire Station #48 ~ New Fire Station #49 ~ Additional Fleet Engines ~ Personal Protective Equipment for current and new employees ~ Station Repairs ~ Thirty (30) new Firefighters over 5 years ~ Three (3) new vehicles for new employees ~ Replacement staff vehicles ~ Equipment Replacement 41 /sjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 laS, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&Ocs:las: &2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8.31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:]as :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 ~ Additional Personnel ('~ 5 o One (1) Human Resource Director o One (1) Comptroller o One (1) Accounting Assistant o One (1) Assistant Chief o Three (3) Battalion Chiefs o Two (2) Inspectors o One (1) IT person o Two (2) Data Entry Clerks o One (1) EMS Coordinator The ability for the District to finance these needs and remain in compliance with the Comprehensive Plan will be a major directive in the future budget years. Elements of the Pro2;ram The Capital Improvements Program integrates the Public Buildings/Land Use Program, Capital Equipment Program (CEP), Capital Vehicle Program (CVP), major maintenance projects, and new personnel expenditures that may accompany said projects. Associated with the latter categories will be the revenue streams required to fund the aforementioned projects into an overall financial management plan. Pursuant to Section 191.013, Florida Statutes, the District is required to submit a plan that identifies the facilities, equipment, personnel, and revenue needed within the next five-year period. This plan should be submitted to Collier County pursuant to section 189.415, Florida Statutes. Section 189.415(2), Florida Statutes, states the District "...is required to submit a plan every five years, at least twelve months prior to Collier County's evaluation and appraisal report submission date. In addition to submitting a plan every five (5) years, the District is required to send an annual update stating any changes that were made to the five-year plan" (Lewis, Longman, & Walker, P.A., Memo: Nov. 20,2002). The plan should address the following areas: ~ Existing public facilities including capacity and current demands. ~ Description of facilities being built, improved or expanded over the next five (5) years, including financing and completion dates. ~ Description of facilities proposed to be built, improved or expanded within the next five (5) years, including financing and completion dates. 42 Isjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3'17-04 las, 9-30-04 las, 12-6-04 las: 4.21-05 laS/4-25- 05 bjp/5-27-05; 5.31-oS bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8.2.06 OCS:las; 8-22.06 OCS:las: 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 i 1 B I " ~ .,.:< Pro2ram Calendar for Each Upcomin2 Year April-June District prepares and revises five-year plan July Program integrated into annual budget preparations August or September Program presented to Commissioners Program revised and adopted and incorporated in the budget in accordance with public hearing review Definitions The terms delineated below are used to distinguish types of assets: Capital Improvement- new construction, acquisition of assets and one-time projects which have a value greater than $50,000 and an expected life longer than one year, and are not vehicles or equipment. Equipment- assets used in an operation or activity with a cost greater than $1,000, an expected life longer than one (1) year, and are not vehicles, including, but not limited to, equipment for stations, apparatus, and administrative headquarters. Vehic1es- assets generally described as vehicles and emergency apparatus that have an expected life greater than one (1) year and cost more than $1,000. On-~oing Maintenance- regular maintenance performed on at least an annual basis that should be included in departmental operating budgets. Limits of the Pro2ram The Program includes projected asset replacement, acquisition, and maintenance expenses related to the District assets for the period FY 2006-2011. The program addresses projected asset needs while still operating within projected financial constraints. The District staff makes every effort to develop reasonable, educated estimates of the priority asset expenditure needs. The aforementioned projects are important to the District and need to proceed. In the event of a deterioration of the economy, the District must be prepared to re-adjust the scheduling of projects within the five-year plan in recognition of changing financial realities. 43 Isjg revised: 1/22/04 1-28-04 Ias; 1-29-04 Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9.30-04 las, 12-6-04 las: 4-21-05 las/4-2S- 05 bjp/5-27-0S: 5-31-05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las: 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:Jas :9.13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 PROPERTY OWNED AND LAND ACQUISTIONS 1; ;'fl.'''' ~\l ~,., lL.oi Vacant Property Currently Owned: The District currently owns six vacant parcels ofland located within the District. They are as follows: 1. Approximately 3.2 acres located on the East side of Livingston Road north of Immokalee Road. (Future StaA8). ---In planning stage for station--- 2. Approximately 1.01 acres located on the South end of Center Lane in Gulf Harbor off Wiggins Pass Rd. ---Possible sa1e/ Mitigation--- 3. Approximately.39 acres located on West side of Station 43 off Ninth St in Bonita Shores. ---Possible sale/possible storage Pine Ridge Industrial Park - 3.09 acres (Kathleen Court and Pine Ridge Road Lots) ---Possible sale/possible storage or station replacement Other Property 1. Shop/maintenance facility, warehouse and Fire Prevention office located at 6495 Taylor Road currently under contract but due diligence phase not yet completed. 2. Approximately 8 acres on the East side of Nursery Lane (Future Station 49) ---In planning stage for station--- 3. Approximately 3.66 acres at 925 Oaks Boulevard (Future Station 410) ---In planning stage for station--- Property Dedicated bv PUD: Broken Back & Immokalee Road 44 Isjgrevised: 1/22/04 1-28-04las; 1-29-04las2/4/04 sjg, 2-S-Q4Ias; 3-17-04 las, 9-3Q-04Ias, 12-6-04Ias: 4-21-0Slas/4-2S- 05 bjp/5-27-0S; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las: 8-31-06 OCS:JH: las; OCS:las 9-7-06 BOFe approved 9-12-06;Board Revisions: las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Proposed Future Land Acquisitions: '-~" t, 5 ~ New US 41 and old 41 area (North Central area) FACILITIES Existing Locations: The District currently owns eight (8) separate facilities and one (1) boat slip. The locations are as follows: 1. StaAO. 1441 Pine Ridge Road, which is a three (3) bay station that houses one (1) engine, 1 tower, fire suppression personnel, and leases 1 bay to Collier EMS ambulance and personnel. 2. StaA2. 7010 lmmokalee Road, which is currently a three bay station that houses 1 engine, one (1) brush truck, fire suppression personnel, one (1) SRU. Collier EMS ambulance and personnel use one (1) bay. 3. StaA3. 16325 Vanderbilt Drive, which is a three (3) bay station that houses one (1) engine, one (1 ) spare pumper, one (1) boat, fire suppression personnel. One (1) bay is leased to Collier EMS ambulance and personnel. 4. StaA4. 8970 Hammock Oak Dr, which is a four (4) bay station that houses one (1) engine, one (1) ladder, one (1) rescue, one (1) Battalion Chief, one (1) brush truck, one (1) Beach Patrol, one (1) boat, and fire suppression personnel. 5. StaA5. 1885 Veterans Park Drive, which is a three (3) bay station with training room and training tower that houses one (1) engine, two (2) SRU vehicles, four (4) SRU trailers, one (1) training engine, special team equipment, fire suppression, training, administrative and fire prevention staff. 6. StaA6. 3410 Pine Ridge Road, which is a two (2) bay station that houses one (1) engine, one (1) brush truck, fire suppression personnel, and leases one (1) bay to Collier EMS ambulance and personnel. 7. Station 47. Jointly owned by NNFD, East Naples Fire District and Collier County EMS which is a three (3) bay station that houses one (1) engine for NNFD, one (1) engine for ENFD and one (1) medic unit. 8. The District is in the process of purchasing a commercial building on Taylor Road, which is the location of the District's vehicle and apparatus maintenance facility. 45 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2.5-04 las; 3-17-04 las, 9.30-04 las, 12-6-04Ias: 4-21-05 las/4-25- 05 bjp/5-27-Q5; 5-31-05IJjp&ocs:las: 6-2-05 JPH:las/6-13-0S bjp: 8-2-06 oCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Projected Facilities: , b I 1'1 ,~ -",~ Our immediate concerns will be to construct a fire station off Livingston Road North of Immokalee road at the Sta. 48 site, Station 49 at 951 and Immokalee Rd., Station 410 at Oaks and Vanderbilt Beach Road and station 411 somewhere in the Wiggins Pass area. Lastly, expansion of Station 45 or review of other options to increase capacity for a administrative staff. FINANCIAL HIGHLIGHTS The financial projections contained in this Plan are segregated by two (2) of the three (3) District funds: the General Fund and the Impact Fee Fund. The third fund, the Inspection Fee Fund, was newly created in January of2003 in accordance with Collier County Resolution 01-313. While the Inspection Fee Fund can purchase "equipment relating to the field of construction expenses" (CC. Resolution 01-313), the 2006-2007 Inspection Fee Fund budget is the first time provision is made for the purchase of major capital assets from that fund. Due to the short length of time the fund has been in existence, is not yet known if the income from that fund (inspection fees for new construction) will support the on going purchase of major capital assets. Therefore, that fund has not been included in the Five Year Plan projections. General Fund: The major source of revenue for the General Fund is ad valorem taxes. Income projections for future years are based on an analysis of Ad Valorem receipts for the previous ten (10) years, computing the percentage of increase each year, and deriving an average annual increase percentage (15.05%). Recognizing that the increase in the property value of the District might not increase at the rate evidenced in the last few years, a conservative approach has been used in estimated revenue for purposes of this Plan. For year one of the Plan (2006-2007), information provided by the Collier County Tax Appraiser has been utilized (which reflects a 20% increase in the appraised property value ofthe District). Year 2 of the plan reflects a fifteen percent (15%) increase, and a fourteen percent (14%) increase was used for years three, four and five. This income projection is based on the District receiving 97% of projected ad valorem revenue. An historical analysis ofthe last ten years confirms the District has consistently received at least 97.7% of ad valorem revenue as computed by the property tax appraiser. The projection for other revenue is derived from an average amount of other income received over the last five (5) years. In an effort to maintain a conservative approach, a decrease in other revenue is reflected in years two (2) and four (4) of the plan. Expenditure projections for the General Fund are based on an analysis of total expenditures from the General Fund for the last ten (10) years, computing the percentage of increase, and deriving an annual average increase in expenses. Additionally, any projected expenses for new employees have been added to the total expenses after the 46 Isjg revised 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las. 12-6-04 las: 4-21-0S laS/4-2S- 05 bjp/5-27-05; S-31-0S bjp&ocs:las: 6-2-05 JPH:laS/6-13-0S bjp: &2-06 OCS:las: 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 applicable percentage of increase has been applied. The projected expenditurl~t lIB the benefits and wages contained within the Collective Bargaining Agreement in effect through September 2007. Impact Fee Fund: The major source of revenue for the Impact Fee Fund is Impact Fees collected for new construction occurring in the District. Income projections for future years have been computed using information provided by Collier County regarding number ofPUD's, as well as a historical analysis ofImpact Fees received over the last ten (10) years. Since the inception of impact fee collection in the District in 1990, the impact fee rates have remained static at $.15 per square foot for residential structures and $.30 per square foot for commercial structures. Since these rates are not related to the value of the property, no increase has been realized by the District, even for cost ofliving, over the last sixteen years. In January of2006, the District, along with the other independent fire districts in Collier County, received a study on impact fee rates prepared by an independent consultant. Contained within that study is the recommendation for the District to increase the impact fee rates to $.28 per square foot for residential structures and $.99 per square foot for commercial structures. Duet to the continued increases in the cost of land and construction to build stations to provide service to the new growth in the District, the impact fee revenue projections are based on the adoption of the recommended increased impact fee rates. In addition to the increase in rates reflected, based on historical data, a conservative 5% increase in revenue is projected for year two, , a 4% increase for year three, a 3% decrease for year four (4) and a 5% decrease for year five (5) have been applied to arrive at the fund income projections. Expenditures from the Impact Fee Fund are regulated by state statute and must meet the following criteria: 1. Expenditure must be a Capital Asset (minimum life in excess of one (I) year and the cost must exceed $1,000, although grouping is permitted). 2. The purchase of the asset must be due to growth in the District. The projected expenditures therefore represent anticipated capital items which the District will require due to the growth in the District. Where appropriate, the expenditure has been apportioned by percentage between the General Fund and the Impact Fee Fund. It is essential that this Plan be reviewed on an annual basis to identify any upward or downward trends in income and expenses for both the Impact Fee Fund and the General Fund. 47 Isjg revised: 1/22/041-28-04 !as; 1-29-04Ias2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25- 05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 rr"'~" 1 'B'-- r; ~..~. ~ . 5 Total General Fund Expeditures $0 $4.500,000 $4,000.000 $3,500,000 $3.000.000 $2.500.000 $2,000,000 $1.500.000 $1.000.000 $500.000 BTotal General Fund Expeditures Percentages of General Fund Expenditures Identified in the Five Year Plan LandlBldgs. i 0% I Apparatus 14% Equipment 2% Station Improvements 5% [] LandlBldgs. . Vehicles i 0 Apparatus 10 Equipment . 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"<I" ~ ..,. ..,. ~ a::: ..,. ~ ~ ~ ..,. a::: -<= en -< I- W I- W .....J c:i.. W ..:.. .....J ci:: W D- en W UJ cO l- I- <t:: a:i c..:i 10 o N cb 0. B LO o ..;, ..... ~ '" !:5! :r: a. -. LO o N L/)~ C? N~ ~.; Vi Vi !:5! 5 o:r :~ C? .., IO~ N"'8 ..... '" _ 0 "'co !:5! ..0- o:rer 9'" ~~'" cn~ VI'" 6 !Q 6. 8 ~ r:...~ ~g . -10 :BC? - r-- 8cb Lh~ N~ QiU 'Vi' 0 o:r in- o!:5! ;;:r:c "N-:1 ';t3 ~o o 10 ~C? -..... -oN") Jd:> ..q in- S'~ ~c.n ....!,U '<TO ~~ ~N -N "E ~_ .:!:: V'I ;> ro ~-:-: .~l:3 -?!o FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 ~:;;:~:d changes that are permeating the North Naples Fire C!tr~ ld ReL ~istI5 necessitate the development and implementation of this five year plan. Recommendations made within this plan will assist in the setting of strategic decision processes and will lay the foundation for key decision makers of this District. Other issues that are not addressed at this time in the plan are, lack of storage space for equipment and supplies, and the shortage of office space at station 45 for current and proposed staff outlined in this plan. The assessment of options is being researched at this time and should be addressed in the updates ofthis five year plan. A review of the current millage rate of one mil and the future needs of the District will be completed. In order to keep the five year plan action goals in place, this plan will be revisited every year in August to adjust for any previously unforeseen events or emergencies. The District will operate within the realm of fiscal resources that are available to the District and with the highest accountability to all tax payers ofthe North Naples Fire Control and Rescue District. Public input on the five year plan and comments and critiques can be sent to the address below North Naples Fire Control & Rescue District 1885 Veterans Park Drive Naples, FL 34109 60 /sjg revised: 1/22/041-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-0S las/4-2S-0S bjp/5-27-0S; S-31-0S bjp&Ocs:las: 6-2-0S JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12-06;Board Revisions:las :9-13-06 Ii.' FINAL- Approved by Board Of~r;~o~miSSiOI1erS 6-9-o-S Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment A Collier County Projected Population Growth Data by Collier County Demographic & Economic Profile 400.00000 1 I 50,00000 0.00 350,00000 300,000,00 ------ I I I 250,00000 I I I I 200,00000 t-~ I 150,00000 100,00000 61 /sjg revised: 1/22/041-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 laS/4-25-05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisions:las :9-13-06 C'A FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment B Projected Annual Runs (Using Average Increase from 1996 to 2003 of 7.89%) 1'6 I 4S' &"; 16,000 1 15,052 2,000 14,000 12,000 I 10,000 8,000 6,000 4,000 o 2003 2004 2005 2006 2007 2008 2009 2010 62 isjg revised: 1/22i04 1-28-04las: 1-29-041as2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05Ias/4-25-05 bjp/5-27-05; 5-31-05 bjp&ocS:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFe approved 9-l2-06:Board Revisions: las :9-13-06 <n 1..0 00 I I 0\ N I.- 1..0 I v-o.. \.. o ..oJ .... !:: r:n 0 .~ "(jj S .~ S S o S U 0 ~U .... <l) (.I.. I-< "'"' .... o (.I.. "0"'"' I-< 0 ro"O o I-< CO ro o >-'CO ~ >-. "B~ >"0 o <l) I-< > 0..0 0..1-< -< ~ -.J-< -<I Z !:: ....... 0 (.I.. '00 .;; <l) 0::: ... II. ~ ...0 U\O ....C O:::c ...'" U')..., ....Cft 0= wen 0:::= ....C 11.1 ffl~ ....ta D.,c CU z- :J:~ "'0 0::: .- 01;; z.!::! c ta en .. o (.) .. c: CI) E .r::. (.) S <( Ul .~ ~ u.. c _ .2 o Ul "'tl .!! .. E ~ E m 0 o - CI) :c o ~ u: '; Q ;C :E u~c ~I~ a. i:i: CL QI .- o So w ~0 :cB u ,- C c: 01 ftS~Li. 1i)cu Ui'S ~~ ! ~; Ucc 1!!QI~ J!! ~ f! en QI .- E en w 0 ~ 0, ~~~ ...lQlQl u'l;i! O(/)= ld Li. QI'" ~! en ~'iii ~~ ~ =.l!l I! c ...ftl (1)'" - (II c- -(II E~ ~ (; "0 c: ~ <V "0 "0; ~ c: ro <V E "' <V .c "' 8 "' (5 p ~(II &fiof ftl.!! 'l;jO o .. QlIlO =9 gr-. CO 0>- uLi. - .! s::. u(/) ~a5 CL ~ ........ . . . . . . : C; ...: . u o. ~ i i~ :20: . . . . . . ..... .. - QI ;CCl UC 'c ~,- iil! QI.... o I] ........ . . : I! : : ~.s: 11. u: z 2: Z .... (II. c. -: .. .... ~ ; 1ll"Cl .... :l ...l " Ii <0 o N eX:> ci. :.c Ltl o M <- ~ VI !;l :i ll. ..., Ltl o N tb c. ~ Vi !;l Vi u o oll 0- :.c Ltl 9 <- N'l ..n Lil' o ,.:. N o.h ....... 0- :.c Ltl o ..n N ~ VI !;l'C> 1/)9 0"" , - <-do. N "" ~s Vi en ~ c _ 0 g :~ , <l) <00:: N"O <- l;; , 0 VI co ~ .. - 'C> -:t9 ,.,,0<'4 ,,.. 6 "7 ....,N'l~ m-g , > VI 0 ~ ... _ 0.. g~ ,U r-.~ ~g ., <0 lG9 - r-. gm ..n'" ,~ N-'-: oi~ 'Vi' 0 -:tv; o~ .......- -:t .. .......:I: N"" '" .. ",V> -u ;go d.~ <il' -<- ". N'l '" . .lllCXl ""'" .. 0'" ,~ 00-:-:' NV> ...!.U "","0 S;::O<O NO N' ~N -N ~ch .~ Vi [ig ... .. 0l)V> .~u -'!:o o -0 ;,; ~ '0 gj '" - ~ Ci ~ i ~ E ~ FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 I 18 5 Attachment D Gulf Of Mtxico 9:.42 'WInclertallt Boctt EStilteso o Nilp V""CI't'rbIJ~. .rr"f!' p." "B C:~If:~: ;:5fJ' " Rd ~ .{l51 Peliciln IH~' ~~ o Pi.... _l! Gl>ldlt/\ G.t, a'vd IN VI in.~ Rdb~ &i c :. 031"'" 6MiI o (>~ -I., ::I .- :' @Golden 0- 'II .. W < 0. .2.0_ '1JSmi &noo~ ,(",hoc! "'t Rildio Rd @2004 N)\VTEQ '" 64 /sjg revised: 1/22/04 1-28-04Ias: 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las. 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31-05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-1 2-06; Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-l Facilitv Record- Station 40 'I North Naples Fire Control & Rescue District -..~.'.. ~] STATION 40 Date Updated: 1441 Pine Ridge Road, Naples, FL 34109 9/6/2006 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: 1.2 acres CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 3,100 3,280 600 1,750 320 TOTAL SQ FT: 9,050 APPARATUS AND EQUIPMENT ENGINES: PUMPERS: HOSE: 1 o o LADDERS: SQUAD: UTILITY 1 o o TANKERS: o BRUSH: WOODS: ANTIQUE o o 1 COMMAND: STAFF: o o TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPT AI N: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: 1 2 6 6 TOTAL STAFF: 15 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 13 Sq Miles Urban 14,000 2,300 6.00 Minutes 66 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las. 12-6-04 las: 4-21-05 laS/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-2 Facilitv Record- Station 42 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 42 Date Updated: 7010 Immokalee Rd., Naples. FL 34119 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: 2.5 acres CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 3,180 3,181 o 60 189 TOTAL SQ FT: 6,610 APPARATUS AND EQUIPMENT ENGINES: PUMPERS: HOSE: 1 o o LADDERS: SUPPORT: UTI L1TY o 1 1 TANKERS: o BRUSH: WOODS: 1 o COMMAND: STAFF: o o TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: 1 2 3 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 20 Sq Miles Urban 9.000 1,252 6.00 Minutes 67 /sjgrevlsed: 1/22/04 1-28-04Ias; 1-29-04Ias2/4/04 sjg, 2-5-04Ias; 3-17-04 las, 9-3D-04las, 12-6-04las: 4-21-05Ias/4-25-Q5 bjp/5-27-05; 5-31- 05 bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06;Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-3 Facilitv Record- Station 43 ~l6 i North Naples Fire Control & Rescue District i;' 18 FACILITY NAME ADDRESS STATION 43 Date Updated: 16325 Vanderbilt Dr., Bonita Springs, FL 34134 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: 0.8 CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 2,821 2,806 767 96 800 TOTAL SQ FT: 7,290 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 1 SUPPORT: 0 HOSE: 0 UTILITY: 0 TANKERS: 0 BOAT: 1 BRUSH: 0 COMMAND: 0 WOODS: 0 STAFF: 0 TOTAL APPARATUS: 2 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 12 Sq Miles Urban 10,000 1,250 6.00 Minutes 68 Isjg revised: 1/22/041-28-04 las: 1-29-04 las2/4/04 sjg, 2-5-04 las; 3-17-04 las, 9-30-04 las, 12-6-04Ias: 4-21-05 las/4-25-0S bjp/5-27-05; 5-31- 05 bjp&Ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-4 Facilitv Record- Station 44 North Naples Fire Control & Rescue District 5 FACILITY NAME ADDRESS STATION 44 Date Updated: 8970 Hammock Oak Dr., Naples, FL 34108 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: 1 1/4 acres CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 5,567 3,516 96 270 768 TOTAL SQ FT: 10,217 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 1 SUPPORT: 1 HOSE: 0 UTILITY: 0 TANKERS: 0 SQUAD: 0 BRUSH: 1 COMMAND: 1 WOODS: 0 STAFF: 0 BOAT: 1 ATC: 2 TOTAL APPARATUS: 7 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL BATTALION CHIEF: 1 CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 12 TOTAL STAFF: 25 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 7 Sq Miles Urban 19,200 2,172 6.00 Minutes 69 Isjg revised: 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-5-04 las: 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05: 5-31- OS bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFe approved 9-12- 06;Board Revisions: las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-5 Facilitv Record- Station 45 North Naples Fire Control & Rescue District ~. FACILITY NAME ADDRESS STATION 45 Date Updated: 1885 VETERANS PARK DR., NAPLES, FL 34109 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: 6.5 acres CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: RESIDENTIAL: ASSEMBLY: 7,619 6,923 5,533 2,707 TOTAL sa FT: 22,782 TRAIN TOWER: GENERAL BUILDING: 2,332 308 APPARATUS AND EQUIPMENT ENGINES: 2 SRU: 4 UTILITY: 1 TRAINING VEHICLE: 5 HAl TRAILER: 3 FPB: 12 COMMAND: 6 STAFF: 4 TOTAL APPARATUS: 29 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 FIRE MARSHALL 1 CHIEF 1 BOOKEEPER 2 LIEUTENANT: 2 CAPTAIN 1 ASST. CHIEF 1 CLERICAL 5 ENGINEERS: 3 INSPECTOR 10 DEPUTY CHIEF 2 FIRE FIGHTERS: 3 BAT. CHIEF 2 CAPTAIN 2 LIEUTENANT 1 PUBLIC INFOR. 2 FINANCIAL OFFICER 1 EXECUTIVE ASST 1 TOTAL STAFF: 41 SERVICE AREA AREA SIZE: 8 Sq Miles AREA TYPE: Urban AREA POPULATION: 21,000 CALLS PER YEAR: 1,488 AVERAGE RESPONSE TIME: 6.00 Minutes 70 /sjg revised: 1/22/04 1-28-04 las; 1-29-04 Ias2/4/04 sjg, 2-S-04 las; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31- 05 bjp&ocs:las: 6-2-oS JPH:las/6-13-0S bjp: 8-2-06 OCS:las; 8.22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06;Boord Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-6 Facilitv Record- Station 46 North Naples Fire Control & Rescue District ~ '1 8 I) FACILITY NAME ADDRESS STATION 46 3410 Pine Ridge Rd. Date Updated: 9/6/2006 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue 3.2 Acres CONSTRUCTION TYPE: CBS BUILDING SIZE: RESIDENTIAL STORAGE 7,577 TOTAL SQUARE FT: 7,577 APPARATUS AND EQUIPMENT Engines: Brush: TOTAL APPARATUS: 2 STAFFING SHIFT FIRE PREVENTION ADMI NISTRA TION CLERICAL CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: 1 2 3 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 8 Sq Miles Urban 14,000 1,429 6.00 Minutes TOTAL POPULATION OF DISTRICT 93,400 71 Isjg revised: 1/22/041-28-04 \as; 1-29-04las2/4/04 sjg, 2-5-04Ias; 3-17-04 las, 9-30-04 las, 12-6-04 las: 4-21-05 las/4-25-05 bjp/5-27-05; 5-31- 05 bjp&Ocs:las: &2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:laS; 8-22-06 OCS:las; 8-31-06 OCS:JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06:Board Revisions:las :9-13-06 FINAL- Approved by Board of Fire Commissioners 6-9-05 Revision - Approved by Board of Fire Commissioners: 9-12-06 Attachment E-7 Facilitv Record- Station 47 North Naples Fire Control & Rescue District .', .,,/ FACILITY NAME ADDRESS STATION 47 2795 N. Airport-Pulling Rd. Date Updated: 9/6/06 DESCRIPTION CAPACITY : LAND SIZE: Fire Station 0.5 acres DEMAND: CONSTRUCTION TYPE: Emergency Response Fire & Rescue CBS BUILDING SIZE: RESIDENTIAL STORAGE: 3,177 TOTAL SQUARE FT: 3,177 APPARATUS AND EQUIPMENT Engines: 1 TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 5 Sq Miles Urban 6,000 1 ,200 est. 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 72 Isjg revised: 1/22/04 1-28-04 !as; 1-29-04 las2/4/04 Sj9, 2-5-04 las; 3-17-04 las, 9-30-04 laS. 12-6-04 las: 4-21-05 laS/4-25-05 bjp/5-27-05; 5-31- OS bjp&ocs:las: 6-2-05 JPH:las/6-13-05 bjp: 8-2-06 OCS:las; 8-22-06 OCS:las; 8-31-06 OCS;JH:las; OCS:las 9-7-06 BOFC approved 9-12- 06;Boord Revisions:las '9-13-06 VI \0 00 I I 0\ N I ....... \0 I fC-9' <.., .J ...... l:: rJ) 0 .~ 'u:j S .~ S s 8 8 ~u (I; ~ 4-< ...... o~ 4-< "'0 0 ~"'O o ~ o:l 0 >-.o:l ..0 >-. "'0..0 Q)"'O ;> Q) 8 ;> 0..0 0..1-< ~ 2: I~ .....:11 ~ l:: ~ 0 ~ 'Vi .;; Q) ~ en " ... o (.) Q) a::: ..., .- - .- (.) <<S LL .... o <<S E E ::::s en I ! i I I I ~ I I 5 I ! ! .- I ~ ~ ~ ~ 00 ~ 00 ~ ~ ~ (1) (1) = ..... ..... ..... ..... ..... ..... ..... ;::l ;::l ;::l ;::l ;::l ;::l ;::l ~ c c c c c c c 'S 'S'S .~ '.-4 .~ -..-I ~ S S S S ~ c:a:: 1..0 1..011..0 1..0 1..0 1..0 1..0 ~ I I ~ I I I I < I I I I I i I I I I I I I I .. ! I ~ I ~ 0 N 0 N 00'0"- 81 ~ 0 V) V) r- oo N ~ N N ...- ~~ N, ~ ~ ~ ~ ~ ~ ...-~I - N - ...... N ...... - ~ U I I i I I I I I I i I I I , I = e 0 0 0 0 0 .- 0 0 ...... 0 0 0 0 0 ~ 0 0 - o~ 0 o~ C"'t o~ o~ 0 ~ ~ ~ 0 0"- ...... ~ ~ - 0"- ...... - N ...- 1..0 e ~ I i I I ~ ~ - .- ~O 0 N r- oo 00 V) ..- N - ~ = rJ'J I I I i I ; i I , I I I I I = Q I .- 0 N~ ~ V) 1..0 r- ...... ~ ~ ~ ~ ~ ~ ~ ~ ...... rJ'J I I I I 161 J P ~ LJ (0 o N cb Co B lJ') o ~ ..... cb Vi ~ :I: Cl. ..., lJ') o N cb Vl ~ Vi u o ~ Co B lJ') 9 ..... M a.h ~. o " N a.h --. Co 'is lJ') o a.h N .;,. Vi ro", ~~ 0_ o , ..... 0"> N .. .;,.] in ~ ~ 0 '<I" :~ o ., cbo:: N"E ..... '" . 0 ~~ '<1"9 ON ~~;; ch"'g ~~ e ~ Co <:r g- 9u 1"-"- .....0 ~CQ .. (0 ~9 -I"- 80, Lll~ N~ oiU 'Vi 0 8~ o::rr N~ .$~ '<TO 9(0 ~9 - ..... ..M ';00 "'1"tn 9~ ~v; .....u '<TO ~~ ~N -N cb "8.. .~ V) ;> ro ~7: .~~ -'!!O !. I 18 RECEIVED SEP 2 2 2rlI lea", ef Couoay Cornmf8alonent MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 22, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. North Naples Fire Control and Rescue District North Naples Fire Control and Rescue District has submitted the following items: a. Copy of Resolution 06-042 of the North Naples Fire Control & Rescue District, adopting the final millage rate and impact fee charges for the fiscal year 2006-2007. b. Copy of Resolution 06-043 of the North Naples Fire Control & Rescue District, adopting the Budget for the fiscal year 2006-2007 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund. c. Copy of the Budget for the fiscal year 2006-2007 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for the North Naples Fire Control & Rescue District. Thank you :\speciallspecial Misc. Correa: Date:~ Item#: I~,I J l3 5" Copies to: 1~~ I 'fi 5 J. Christopher Lombardo, Chairman Joyceanna J. Rautio, Vice Chairman Paul J. Moriarty, Sr. Treasurer J ames Quigley, Commissioner Margaret Hanson, Commissioner 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 14,2006 Mr. Derek J ohnssen, General Accounting Manager Clerk of the Circuit Court Finance Department Court Plaza m 2671 Airport Road South Naples, FL 34112 Re: Special Districts Reporting Information Dear Mr. J ohnssen, Enclosed please find the following, as required by Florida Statutes. 1. Copy of Annual Financial Report for the fiscal year ended 9-30-05. 2. Copy of the District's Audit for the fiscal year ended 90-30-05, which includes the Management Letter and Rebuttal to Management Letter. 3. Copy of the District's Map. 4. Registered office and agent form. 5. Schedule of regular meetings of the Board of Fire Commissioners for the 2006-2007 fiscal year. 6. Copy of the Public Facilities Report. 7. Copy of the District's Five Year Plan. The District has no outstanding bonds. If you require any additional information, please contact me at the number above. v. ery trul~ours, eft (/ vp e<-- B~ POGAN Chief Financial Officer BJPlbp Enclosures ,~ 6 I 18 RESOLCTION 06-042 .-\. RESOLlTION OF THE :\ORTH NAPLES FIRE CONTROL & RESCCE DISTRICT OF COLLIER COLNTY FLORIDA, ADOPTING THE FINAL LEVY OF AD VALOREM TAXES AND nIP ACT FEES FOR COLLIER COCNTY FOR FISCAL YEAR 2006-2007, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, sections 1 and 3 of the North T\;aples Fire Control & Rescue District's Charter within section 3 of chapter 99-450, La\vs of Florida, authorizes the North Naples Fire Control & Rescue District to levy an ad valorem taxation on property' vvithin its boundaries in Collier County in an amount not to exceed 1 mills: and \VHEREAS, section 8 of the North Naples Fire Control & Rescue District's Charter \vithin section 3 of chapter 99-450, Laws of Florida, authorizes the North Naples Fire Control & Rescue District to assess impact fees for capital improvements on ne\V construction within its boundaries: and \VHEREAS, the North Naples Fire Control & Rescue District on September 12, 2006 adopted Fiscal Year 2006-2007 Final ;\lillage Rate following the public hearing required by section 200.065, Florida Statutes; and \VHEREAS, the gross taxable value for operating purposes not exempt from ad valorem taxation \vithin the North Naples Fire Control & Rescue District has been certified by the Collier County Property Appraiser as $26,433,303,149; NO\-V, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE CO\CvUSSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCCE 13JP bp 9- ; .06 161 18 5 RESOLVTIO~ 06-042 SEPTE\IBER 12,2006 PAGE T\'O OF THREE DISTRICT of Collier County Florida. that: I. The Fiscal '{ear 2006-2007 operating millage rate for the r\orth \iaples Fire Control & Rescue District is 1.00 mills per $[ ,000.00, which is greater than the rolled-back rate of .8529 mills per '51.00000 by 17.25%. Such millage rate will be collected pursuant to the same manner and form as county taxes. .., The Board of Fire Commissioners of the North \iaples Fire Control & Rescue District adopts charges for impact fees of '5.28 per square foot of defined living area for residential development and S.99 per square foot of useable area for commercial and industrial structures as defined in section 8 of the :\orth \iaples Fire Control & Rescue District's Charter within section 3 of chapter 99-450, Laws of Florida. \io reduction in the assessed impact fee charge is authorized. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner ~T\D v"ho moved its adoption. The motion \vas seconded by Commissioner f..A... 0 l~ A-qL. T Ll I , and the V ote was as follows: Commissioner 1. Christopher Lombardo: V I Commissioner Joyceanna 1. Rautio: Commissioner Paul 1. Moriarty, Sr.: Commissioner James Quigley.: y Commissioner \largaret Hanson: y Duly passed on this 12th day of September. 2006 by the Board of Fire Commissioners of the t\orth Naples Fire Control and Rescue District. BlP bp 9- i -06 .2 <~ :L RESOLCTION 06-042 SEPTEMBER 12,2006 PAGE THREE OF THREE r-; " NORTH NAPLES FIRE CONTROL & RESCCE DISTRICT . . f------__~<~=:--~- ____7/ / ~ _' ~....::--.:::;;::F~- . ~ ~-y /?.-/::; r^_' /C:"o~~-r6Pher Lombardo, Chairman / ./ .).'f-. ~lt.Q q 7L~~~r ~~~~~~.. Commission . .fargaret Hanson B PbpY-li-1J6 3 9 c~-t 9/;~)6 / ./ i)'> J J.", " 1 B 5 RESOLCTION 06-043 A RESOLCTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COVNTY FLORIDA, ADOPTING THE FINAL BCDGETS FOR THE FISCAL YEAR 2006/2007; PROVIDING FOR AN EFFECTIVE DATE. \VHEREAS , the \iorth Naples Fire Control & Rescue District of Collier County, Florida, on September 12, 2006 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the 1\orth Naples Fire Control & Rescue District of Collier County, Florida, set forth the final appropriations in the amount of$27,103,122 and final revenue estimates in the amount of $26,612,620 for the General Fund for the Fiscal Year 2006;2007: and WHEREAS, the North Naples Fire Control & Rescue District of Collier County, Florida, set forth the tinal appropriations in the amount of $2,872,642 and final revenue estimates in the amount of $2,843, 135 for the rmpact Fee Fund for the tiscal year 2006/2007; and WHEREAS, the North ~aples Fire Control & Rescue District of Collier Count:, Florida, set forth the final appropriations in the amount of$1,210,770 and tinal revenue estimates in the amount of $815,000 for the rnspection Fee Fund for the fiscal year 2006/2007; NO\V, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE CO:'vf\IISSrONERS OF THE NORTH NAPLES FrRE CONTROL AND RESCUE BJPbo y-! l-D6 I' /. l2 5 RESOLUTION 06-043 SEPTEMBER 12,2006 PAGE T\VO OF THREE DISTRICT of Collier County Florida, that: [ The Fiscal year 2006f:2007 Final Budget for the General Fund be adopted, 1 The Flscal year 2006/2007 Final Budget for the [mpact Fee Fund be adopted, and 3. The Fiscal year 20062007 Flnal Budget for the [nspection Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner !~>t)AJ who moved its adoption. The motion vvas seconded by Commissioner /6w 71 0 , and the Vote vvas as follovvs: Commissioner 1. Christopher Lombardo: V I Commissioner Joyceanna J, Rautio: 'f Commissioner Paul J. Moriarty, Sr.: y Commissioner James Quigley: y I Commissioner Margaret Hanson: '/ Duly passed on this 12th day of September, 2006 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. B.;P'bp 'l-i i -06 2 1~6 I l~ 'I RESOLVTION 06-043 SEPTEMBER 12,2006 PAGE THREE OF THREE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT --"/ -=--.-:~=~~ --~-_u~0? CommissIOner ~1iilstopher Lombardo, C \rU ~ iD )J' ],/ I l {c..'t~~_~ ,.' ~~(Z.-~G::, COiTirilissioner Jovceanna J, Raptio, Vice Chairman !2 ~ . ,~/~~ Commissioner BJPbp 9- i 1-06 ., ;) 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT OPERATING BUDGET IMPACT FEE BUDGET INSPECTION FEE BUDGET 2006-2007 Final 2006-2007 BJP/bp 7-05-06/9-02-06/9-07-06 1 B 5 06-07 Final .,!" 'I' ~I OPERATING BUDGET IMPACT FEE BUDGET INSPECTION FEE BUDGET Board of Fire Commissioners North Naples Fire Control & Rescue District BOARD OF FIRE COMMISSIONERS J. Christopher Lombardo, Chairman Joyceanna J. Rautio, Vice-Chairman Paul J. Moriarty, Sr., Treasurer James Quigley, Commissioner Margaret Hanson, Commissioner DISTRICT OFFICERS Michael L. Brown, Fire Chief John German, Assistant Chief Orly C. Stolts, Deputy Chief of Operations Joseph Hessling, Deputy Chief of Support Services Karl Reynolds, Deputy Chief of Life Safety and Prevention Jorge Aguilera, Deputy Chief of Emergency Medical Services Rebecah Pogan, Chief Financial Officer BJP/bp 7-05-06/9-02-06/9-07-06 06-07 Final 161 1B GENERAL FUND-2006/2007 Amended BudQet Projected Budget 2005-2006 Sept.30,2006 2006-2007 Balance Forward-Desionated 2,520,006 2,520,006 7,285,748 Balance Forward-Undesignated 4 184560 4.184560 147251 Total-Cash Reserve Carry Forward 6,704,566 6,704,566 7,432,999 REVENUE 1 Collier County Ad Valorem 20,832,034 20,832,034 25,111,638 1 2 C.C-Ad Valorem over 95% 333,249 2 3 Interest-General 60,000 150,000 150,000 3 4 Interest-CD 170,000 280,000 285,000 4 5 Interest-Ad Valorem 5,000 21,387 10,000 5 6 Fire Watch Fees 60,000 60,000 65,000 6 7 Occupational Lie, Fees 45,780 55,000 37,350 7 8 Burn Permit 200 800 300 8 9 Flow Test 7,500 8,000 7,500 9 10 Hydrant Maintenance Fees 42,000 42,000 51,450 10 11 Inspec,-Thrust Blocks 100 - 100 11 12 Key Boxes 9,180 7,013 8,772 12 13 Reinspection Fees 1,000 850 1,000 13 14 Rental-Cell & Primco 30,200 30,200 30,200 14 15 Station Rental-EMS 24,310 24,310 26,310 15 16 Donations, Gifts, Grants 3,000 9,675 3,000 16 17 Donations-Car Seat - - - 17 18 Proceeds from Sale of Land - - 575,000 18 19 Misc. Revenue 70,000 87,000 75,000 19 20 Misc, Rev,-Refunds/Reimb, 50,000 511,363 100,000 20 21 False/Malfunctioning Alarm Fees 20 000 75500 75 000 21 TOTAL INCOME 21,430,304 22,528,381 26,612,620 Personnel Services 23 Salaries 9,056,073 9,056,073 10,873,538 23 24 Salaries-Prevention 425,593 456,663 672,052 24 25 Commissioners 30,000 30,000 30,000 25 26 On Call Pay 27,000 27,000 29,160 26 29 Prof. Pay 117,040 115,926 142,612 29 30 Prof. Pay-Prevention 2,400 2.400 600 30 31 Holiday 217,835 217,835 235,262 31 32 Overtime-Operations 200,000 277,000 200,000 32 33 Overtime-Prevention 10,000 4,000 10,000 33 34 Overtime-Firewatch 60,000 60,000 65,000 34 35 Overtime-Spec, Teams 189,272 140,000 200,594 35 36 Overtime-Adm i nistration 15,000 28,000 25,000 36 37 Overtime-Beach Patrol 1,000 - 50,000 37 38 Overtime-Paramedic Training 30,000 15,000 32,408 38 39 Training Bonus 37,400 35,000 37,900 39 41 Vacation Pay 15,000 - 10,000 41 42 Sick Leave Pay 411,965 300,000 391,580 42 43 Sick Leave-Prevention 14,146 14,000 20,228 43 44 Social Security 767,986 767,986 937,497 44 45 Soc. Security-Prevention 38,261 36,000 51,078 45 46 Disability Insurance 100,873 110,000 106,294 46 47 Disability Ins,-Prevention 6,209 6,364 8,328 47 BJP/bp 6-23-06/8-08-06/8-17-06/8-24-06/9-02-06/9-07-06 Final 1 t. ~ . Amended Budget Projected Budaet Page 2 2005-2006 Sept.30, 2006 2006-2007 48 Life/Health Insurance 1,616,282 1,616,282 2,664,927 48 49 Life/Health Ins.-Prev 77,296 77,296 100,485 49 50 Life/Health Ins-Commissioners 39,471 39,471 61,296 50 51 Worker's Compensation 1,167,829 750,000 1,175,396 51 52 Worker's Comp.-Prev. 52,591 52,591 76,390 52 53 Retirement-FRS 952,373 952,373 864,698 53 54 Retirement-FRS-Prev. 40,698 40,698 36,269 54 55 Retirement-175 1,101,131 1,012,709 1,295,327 55 56 Retirement-175-Prev. 53,432 53,432 69,462 56 57 R eti re m ent -Com mi ssion ers 4,569 4,569 4,959 57 57A Retirement - Fire Chief 10,000 37,628 58 UnemploymentComp. 5,000 . 1,000 58 59 Employee Physicals 130,231 100,000 130,000 59 60 Retirement Recoqnition 1 500 1 500 2000 60 Total Pers. Servo 17,015,456 16,410,168 20,648,968 Operating Expenditures 61 Bldq, Liability & Auto Insurance 179,000 178,500 205,811 61 62 Communications 88,250 70,000 67,250 62 63 Telephone 174,677 156,000 204,312 63 64 Utilities 154,000 140,000 168,000 64 Maintenance 65 Vehicle Maint 564,900 490,000 420,850 65 66 Bldo Maint. 255,950 200,000 312,563 66 67 Bldo Maint.-St. 40 9,800 7,000 3,700 67 68 Bldo Maint.-St. 42 9800 7,000 6,850 68 69 Bldo Maint.-St. 43 6,650 6,000 8,800 69 70 Bldo Maint.-St. 44 28,099 28,000 51,000 70 71 Blda Maint.-St. 45 12,800 15,000 82,500 71 72 Blda Maint.-St. 46 2,000 1,500 15,100 72 73 Blda Maint.-St. 47 11,100 8,000 11 ,150 73 74 Blda Maint-Shop/Loaistices 10,000 8,000 5,000 74 Eouil ment Maintenance 75 EouipRepair & Maint.-Fire 42,050 38,000 49,050 75 76 Equip, Maint. - SCBA 4,548 1,500 4,700 76 77 Equip. Maint.-Nozzle 2,865 170 6,500 77 78 Computer Maintenance 181,425 175,000 224,230 78 79 Hydrant Maintenance & Reoair 29,231 35,000 35,000 79 Supplies 80 ALS/Emeraency Medical Suo/Servo 95,415 65,000 152,850 80 81 Office Supplies 34,129 34,000 35,000 81 82 Office Supplies-Prevention 8,175 3,000 9,519 82 83 Protective Gear 30,500 60,000 49,750 83 84 Uniforms 90,522 90,000 92,448 84 85 Hurricane/Emeraency Supplies 10,000 20,000 10,000 85 86 Station Supplies 47,400 41,000 56,880 86 Eauipment-Non. Capital 87 Office Equipment 47,910 37,000 50,200 87 88 Office EQUipment-Prevention 5,779 3,000 6,022 88 89 Fire Equipment 82,950 122,000 72,050 89 90 Shop Equipment 12,800 10,000 13,750 90 90A Warehouse/Loaistics Supolies/Eo 5,750 Professional & other fees BJP/bp 6-23-06/8-08-06/8-17 -06/8-24-06/9-02-06/9-07 -06 2 ~r'" i5 Final -; ~ 1 " Amended Budget Projected Bud~et - Page 3 2005-2006 Sept.30,2006 2006-2007 91 Professional 406,800 450,000 446,500 91 92 Property Appraiser's Fees 174,000 175,000 180,029 92 93 Collector's Fees 419,461 430,000 505,233 93 94 Auditor 75,000 60,000 75,000 94 Miscellaneous 95 Water/Sewer Fee-St. 44 7,000 1,881 4,000 95 96 Travel & Per Diem 50,000 65,622 70,000 96 97 Pia 12,820 4,000 11 ,1 00 97 98 PEa 31,544 25,000 30,853 98 99 Vehicle Fuel/Oil 210,350 185,000 207,130 99 100 TraininQ-Operations 96,400 80,000 60,700 100 101 T raining-Admini stration 44,600 25,000 57,300 101 102 Training-Prevention 10,960 7,000 4,250 102 103 Miscellaneous 30,000 25,000 30,000 103 104 Subscription/Dues 9,195 9,000 9,195 104 105 Su bscri pti onlD ues- Prevention 218 305 668 105 106 PETe 2,000 2,000 2,500 106 107 Legal Advertisements 7,200 7,500 8,250 107 108 Dive Team 15,943 10,000 21,405 108 109 Fire Prevention Materials & Supplies 25,610 25,000 15,984 109 110 Haz Mat 39,500 15,000 43,500 110 111 Pretire Plan 1,000 - 1,000 111 112 Technical Rescue 48,680 28,000 55,175 112 113 Boat Team 14,281 7,000 17 , 150 113 114 CERT Team 28,795 18,000 27,319 114 114A Peer Fitness 3,500 115 K-9 Search & Rescue 3,300 2,000 3,100 115 116 Honor Guard 3,223 3,000 5,275 116 117 SOS ProQram 538 - 550 117 118 ContinQencies 50,000 - 50,000 118 119 Shop Lease Payment 64 800 64 800 10200 119 Total OP. Exp. 4,115,943 3,774,778 4,393,451 Debt Service 120 Principal Payment-EnQine Lease 50,848 50,848 52,876 120 121 Principal Payment-Land Loan 47,949 47,949 52,070 121 122 Interest Pmt.-Engine Lease 3,938 3,938 2,006 122 123 Interest Pmt.-Land Loans 30,553 30,553 52,876 123 Total Debt Service 133,288 133,288 159,828 Capital Outlay 124 Station Improvements & Equip. 439,000 298,000 472,950 124 125 Fire and Rescue equip 127,200 110,000 140,500 125 126 Protective Gear 70,000 50,000 65,000 126 127 Medical Equipment 181,548 180,000 68,570 127 128 Communication Equip 35,600 38,000 37,300 128 129 Office Equip 26,835 2,000 15,000 129 130 Computers 84,000 50,000 55,700 130 131 TRT 15,800 5,000 3,600 131 132 Fire Prevention - 14,000 4,560 132 133 Land 50,000 803,200 134 Boat Team 160,350 361,728 12,500 134 135 Training-Operations 57,500 2,778 35,000 135 136 Vehicle Computers 30,000 22,000 5,500 136 137 CERT Equipment 3,000 - 3,000 137 1t.I B BJP/bp 6-23-06/8-08-06/8-17-06/8-24-06/9-02-06/9-07-06 3 Final h .., Amended Budget Projected .J." V Badget ,1 ,~ Page 4 2005-2006 Sept.30,2006 2006-2007 138 Vehicle Purchase 143,717 175,722 127,000 139 Shop Equipment 15,000 10,486 15,300 139 139A LogisticslWarehouse 3,000 140 HazMat Team 4,000 - 15,000 140 141 Fire Apparatus - 7,000 - 141 142 Dive Team 30,000 13,195 142 142A Capital - PEO 5,000 143 Expan sion/Relocation-Adm in. Hdqt. 300,000 75,000 - 143 Total Capital Outlav 1,693,550 1,481,714 1,900,875 150 TOTAL EXPENSES 22,958,237 21,799,948 27,103,122 150 Prior Year Fund Balance 6,704,566 6,704,566 7,432,999 Total Income 21,430,304 22,528,381 26,612,620 Total Expenses (22,958,237) (21,799,948) (27,103,122) Total Cash Reserve 5,176,633 7,432,999 6,942,497 34% 26% CUMMULATIVE RESERVES: Undesignated Reserve 80,183 75,800 14,051 Designated-Nursery Lane Improv. 5,000 5,000 5,000 Designated-Replacement Radios 300,000 300,000 Designated-Health Insurance 500,000 500,000 Desicmated-Workforce Housing 1,000,000 1,000,000 1,000,000 Designated-ALS Program 500,000 500,000 Designated-Heavy Rescue 75,000 75,000 Desianated-GASB 45 Post Emp. 500,000 500,000 Desiqnated-Loan Lump Sum Pmt. 165,000 165,000 330,000 Desiqnated-USAR Tm. Deployment 300,000 300,000 300,000 Desiqnated-Emera. Res. 400,000 400,000 400,000 Desiqnated-Operatina Reserve 771,451 771,451 771,451 Desiqnated-Fire Apparatus 324,641 324,641 824,641 Desiqnated-Building Improvements 636,451 636,451 236,451 Desiqnated-Vehicle Replacement 439,955 439,955 342,751 Desiqnated-Capital Equip, 231,451 231,451 231,451 Desiqnated-Disaster Preparedness 676,451 1,000,000 515,801 Desiqnated-SI. #40 Replace/Repair, 32,350 112,350 - Desiqnated-SI. #46 Improvements 20,900 20,900 20,900 Designated-Personal Protective Gr 15,000 75,000 75,000 5,098,833 7,432,999 6,942,497 22.13% 34.00% 26.00% BJP/bp 6-23-06/8-08-06/8-17-06/8-24-06/9-02-06/9-07-06 4 5 Final '-"", ,} INDEX INCOME Collier County Ad Valorem Interest-General Interest-CD Interest-Ad Valorem Fire Watch Fees Other Income PAGE NUMBER 1 2 2 2 4 3 EXPENSE Salaries Salaries-Prevention Commissioners On Call Pay Prof. Pay Prof. Pay-Prevention Overtme-Operations Overtime-Prevention Overtime-Firewatch Overtime-Spec. Teams Overtime-Adm in istration Overtime-Beach Patrol Overtime-Paramed ics Holiday Training Bonus Training Bonus-Prev. Vacation Pay Sick Leave Pay Sick Leave-Prevention Retirement-FRS Retirement-FRS-Prev_ Retirement-175 Retirement-175-Prev. Worker's Compensation Worker's Comp.-Prev. Social Security Soc. Security-Prevention Disability Insurance Disability Ins.-Prevention Life/Health Insurance Life/Health Ins.-Prev. Life/Health Ins,-Commissioners Reti rement -Comm issioners 8 to 1 0 8 to 1 0 11 12 13 13 14 14 14 15 14 14 15 16 16 16 17 17 17 18 18 1 8 to 1 9 1 8 to 1 9 20 20 20 20 21 21 22 22 22 11 BJ Plbp 8-24-0619-02-06/9-07-06 06-07 Final Employee Physicals Unemployment Compo Retirement Recognition Building, Auto & Liab, Ins. Communications Telephone Utilities Vehicle Maintenance Building Maintenance-General Bldg. Maint.-St. 40 Bldg. Maint.-St. 42 Bldg. Maint.-St. 43 Bldg. Maint.-St. 44 Bldg. Maint.-St. 45 Bldg. Maint.-St. 46 Bldg. Maint.-St. 47 Bldg. Maint-Shop Equip. Maint.-MAKO Equip. Maint.-Nozzle Equip. Maint.-Fire Computer Maint Hydrant Maintenance & Repair Emergency Medical Supplies Hurricane/Emergency Supplies Office Supplies Office Supplies-Prevention Uniforms Protective Gear Station Supplies Office Equipment-Non-Cap. Office Equipment-Prevention Fire Equipment-Non-Capital Shop Equipment-Non-Capital Professional Auditor Fees Tax Appraiser's Fee Collectors Fees Special Assessment-St. 44 Travel & Per Diem PIO PEO Vehicle Fuel/Oil Training-Operations Training-Administration BJP/bp 8-24-06/9-02-06/9-07-06 1 h I s :~..1 . 23 24 23 25 26 26 26 27 28 30 31 31 32 33 34 35 35 37 37 36 38 39 40 46 41 41 43 42 47 48 49 50 51 52 54 53 53 55 55 56 57 60 61 62 1 BS 06-07 Final Training-Prevention Miscellaneous Subscription/Dues S u bscri pti 0 n/D ues- P reve nt i on PETC Legal Advertisements Dive Team Fire Prevention Material & Supplies Haz Mat Prefire Plan Technical Rescue Boat Team CERT Team Peer Fitness K-9 Search & Rescue Honor Guard SOS Program Contingencies Interest Payment-Engine Lease Interest Payment-Land Loan Principal Payment-Engine Lease Principal Payment-Land Loan Lease Payment-Shop Facility CAPITAL PURCHASES: Station Improvements Fire and Rescue Equipment Protective Gear Communication Equipment Medical Equipment Office Equipment Computers Boat Team TRT Land Training Equipment CERT Equipment Vehicle Computers Boat Team HazMatTeam Shop Equipment Logistics Dive Team PEa BJP/bp 8-24-06/9-02-06/9-07-06 ""-'I I:' 63 64 65 66 67 67 68 70 71 72 73 75 77 78 79 80 81 81 82 82 83 83 81 84 86 87 88 88 88 89 92 90 91 92 93 93 92 95 95 95 96 96 06-07 Final Vehicles Designated Reserves 94 97 BJP/bp 8-24-06/9-02-06/9-07-06 ;.;.. 5 06-07 Final ,,> B 1 DESIGNA TED RESERVES - 2006-2007 In September of 2002, the Board of Fire Commissioners created Designated Reserves in the General Fund. These Designated Reserves have expanded in both classification and amount over the last four fiscal years as the Board has continued to identify the funding of these reserves as a priority for the District. A Designated Reserve is a portion of the General Fund's Cash Reserve which the Board identifies to be used for a specific purpose, such as the replacement of fire apparatus. By designating a portion of the cash reserve, the Board is in effect providing for major purchases over the course of several fiscal years. The Board can eliminate (or "undesignate" ) or change the amount of a Designated Reserve at any time, by resolution or motion, should a need arise. Pursuant to projections for September 30, 2006, the Designated Reserves at that fiscal year end should be as follows: Category Emergency Reserve Operating Reserve Loan-Lump Sum Payment USAR Team Deployment Fire Apparatus Building Improvements Vehicle Replacement Capital Equipment Disaster Preparedness St. #40 Repair/Replacement St. #46 Improvements Nursery Lane Improvements Replacement Radios/Communications GASB 45-Post Emp. Benefit Funding ALS Program Heavy Rescue Health Insurance Workforce Housing Personal Protective Gear Total-Designated Reserves Total-Undesignated Reserves Total Reserves Projected 9-30-06 Current Amended 05-06 Budget $ 400,000 $ $ 771,451 $ $ 165,000 $ $ 300,000 $ $ 324,641 $ $ 636,451 $ $ 439,955 $ $ 231,451 $ $ 676,451 $ $ 32,350 $ $ 20,900 $ $ 5,000 $ $ - $ $ - $ $ - $ $ - $ $ - $ $ 1,000,000 $ $ 15,000 $ $ 5,018,650 $ $ 80,183 $ $ 5,098,833 $ Projected 9/30/2006 400,000 771,451 165,000 300,000 324,641 636,451 439,955 231,451 1,000,000 112,350 20,900 5,000 300,000 500,000 500,000 75,000 500,000 1,000,000 75,000 7,357,199 75,800 7,432,999 Bolded Designated Reserves are Recommended for Budget Amendment to present to Board at September 2006 Board Meeting. BJP/bp 8-30-06/9-03-06/9-07-06 97 2006-2007 Final Category Emergency Reserve Operating Reserve Loan-Lump Sum Payment USAR Team Deployment Fire Apparatus Building Improvements Vehicle Replacement Capital Equipment Disaster Preparedness St. #40 Repair/Replacement St. #46 Improvements Nursery Lane Improvements Replacement Radios/Communications GASB 45-Post Emp. Benefit Funding ALS Program Heavy Rescue Health Insurance Workforce Housing Personal Protective Gear Total-Designated Reserves Total-Undesignated Reserves Total Reserves at 9-30-07 BJP/bp 8-30-06/9-03-06/9-07-06 Purchases per Revised 5 Year Plan Balance at 9-30-07 Per 5 Year Plan - $ 400,000 $ 771,451 $ - $ 330,000 $ - $ 300,000 $ - $ 824,641 Reallocation $ 236,451 $ (127,000) $ 312,955 $ - $ 231,451 Reallocation $ 515,801 $ (112,350) $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ (25,000) $ $ (264,350) $ $ $ $ 20,900 5,000 300,000 500,000 500,000 75,000 500,000 1,000,000 75,000 6,898,650 14,051 6,912,701 98 2006-2007 Final ~ t I l' '. r~' 0;.1 1 B 5 INCOME DETAIL The District's enabling act grants the Board of Fire Commissioners the authority to assess a levy on property owners for fire protection service. The Collier County Property Tax Appraiser provides the appraised taxable value of all of the property within the District's boundaries. That estimated value is transmitted to the District via Form DR-420, which the District usually receives in late June prior to the October beginning of a new fiscal year. The Board of Fire Commissioners establishes the millage rate, or taxing rate, for fire protection services. That millage rate has remained at 1 mil (or $1.00 for every $1 ,000 of property value) for over twenty years. Ad Valorem revenue represents 95% of the District's total annual revenue, with the balance consisting of interest, cell tower and station rentals, and various fees identified below. The budget assumes the District will receive 95% of the total possible Ad Valorem assessed. According to the 2006 tax rolls, the taxable value of the property within the District increased 20% over the prior year's value. Therefore, the Ad Valorem revenue provided in the 2006-2007 budget reflects an increase of $4,279,604 or 20% over the prior year's budgeted Ad Valorem revenue. oo1-311~1-000 AD VALOREM - BUDGET LINE 1 Gross Taxable Value Per Form DR-420 (See Appendix, Attachment 1) $ X 26,433,303,149 95% $ 25,111,637,991 Millage X .001 AD VALOREM REVENUE 06-07 105-06 Budget Amount: $20,832,034 $ 25,111,638 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 2006-2007 Budget Final 001-3610-101-000. 102-000 INTEREST INCOME - BUDGET LINES 3. 4 AND 5 Because Interest Income varies depending upon the national financial climate, an estimate has been made using an average of the last 4 years' receipts, recognizing upward or downward trends for the purpose of budgeting general interest. CD Interest revenue estimate is based on the District's current Certificates of Deposit which will mature during the 2006-2007 fiscal year, adding in estimates for purchases of new certificates of deposit during the 06-07 fiscal year. Average receipts over the last 4 years were also reviewed to arrive at an estimate. Anticipated interest income for the 2006-2007 fiscal year represents an increase of $210,000, or 89%, over the prior years' interest revenue. This is due to the Board's investment of funds in Certificates of Deposit for longer periods of time, thus securing a better interest return on the investment, as well as an increase in the interest rates. Because the Board has created reserves and carefully monitored cash flow, the District is in a position to invest reserve funds, while concurrently maintaining adequate cash flow to operate. (see Appendix, Attachment 2). Collier County Ad Valorem Interest General Interest CD Interest $ $ $ 10,000 150,000 285,000 06-07 Total $ 105-06 Total- $235,000 BJPlbp 7-17-06/7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 2 445,000 2006-2007 Budget Final i .~ I~ 1 t) 1 H 5 001-3420-903-000. 904-000. 905-000.908-000. 909-000. 912-000 001-3620-002-000.003-001.001-3630-001-000. 001-3660-001-000.002-000 001-3690-902-001. 903-000.903-001 OTHER INCOME-BUDGET LINES 7 - 21 Other General Fund Income is comprised of various sources, as identified below. For those income sources where no verification is possible, an average of the last 4 years' receipts was used, recognizing upward or downward trends. Hydrant Fees, Occupational License Fees and Key Box revenue were supplied by Deputy Chief of Life Safety and Prevention Reynolds. Miscellaneous Revenue for 2006-2007 reflects an increase of $687,712 as compared to the prior year's budgeted amount. This increase is due to an increase the provision for the sale of land, false/malfunctioning alarms and miscellaneous revenue, based on actual receipts in prior years. (See Appendix, Attachment 2 hereto.) Burn Permit Flow Test Proceeds from Sale of Land Inspection - Thrust Block Reinspections Donations Occupational Licenses Hydrant Maintenance Fees Key Boxes Miscellaneous Income Miscellaneous Reimbursements/Refunds Cell Tower Rent EMS Rental False/Malfunctioning Alarm Fees $ $ $ $ $ $ $ $ $ $ $ $ $ $ 300 7,500 575,000 100 1,000 3,000 37,350 51 ,450 8,772 75,000 100,000 30,200 26,310 75,000 06-07 Total $ 990,982 105-06 Budget Amount - $303,270 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 3 2006-2007 Budget Final 001-3630-001-000 FIREWATCH FEES-BUDGET LINE 6 Firewatch Fees are charged to entities requiring the presence of certified firefighters to perform watch over their fire safety systems in the event of mechanical malfunction, construction, or other factors. Special Event Firewatch Fees are charges for the same services performed during a special event, such as a concert or theatrical performance. Projection for Firewatch Fees is computed using an average of the last four years' receipts, recognizing upward or downward trends. Also factored into the estimate is the projected revenue for the current fiscal year. The 2006-2007 budget provides for an increase of $5,000 as compared to the prior fiscal year. This estimated increase is based on the projected receipts for the current fiscal year. 06-07 Total $ 65,000 IOS-06 Total - $60,000 BJP/bp 7 -17 -oon -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 4 2006-2007 Budget Final The total estimated revenue in the 2006-2007 budget reflects an increase of $5,182,316 or 24% over the prior year's budgeted revenue. This increase is primarily due to the increase in property value (and Ad Valorem revenue), projected interest income and the proceeds from the sale of property. INCOME RECAP PROJECTED FUND BALANCE CARRIED FORWARD: Cash Reserve at 9-30-05: Designated Undesignated Total at 9-30-05 Estimated Cash Reserve for 9-30-06: Designated Undesignated Total - Projected 9-30-06 PROJECTED REVENUE 2006-2007 AD VALOREM TAX REVENUE ESTIMATED INTEREST ESTIMATED FIREWATCH FEES ESTIMATED OTHER INCOME TOTAL INCOME ESTIMATED 2006-2007 PROJECTED FUND BALANCE (TOTAL) AT 9-30-06 TOTAL FUNDS AVAILABLE FOR 2006-2007 105-06 TOTAL FUNDS AVAlLABLE-$27,283,067 BJPlbp 7 -17 -06n -18-06/8-09-06/8-1 7-06/8-24-06/9-05-06/9-07 -06 5 $ $ $ 2,520,006 4,184,560 6,704,566 $ $ $ 7,285,748 147,251 7,432,999 $ $ $ $ $ $ $ 25,111,638 445,000 65,000 990,982 26,612,620 7,432,999 34,045,619 2006-2007 Budget Final 185 EXPENDITURES Expenditures of the General Fund are categorized as follows: Personnel $ 20,648,968 Operating $ 4,393,451 Debt Service $ 159,828 Capital $ 1 ,900,875 Total Expenditures - 2006-2007 $ 27,103,122 Personnel related expenditures constitute 76% of the total budgeted expenses for the 2006-2007 fiscal year, as compared to 74% for the 2005-2006 fiscal year. Total personnel expenses for 2006-2007 reflect an increase of $3,633,512, or 21% over the 2005-2006 year. This anticipated increase is due to contractual wage increases, a projected 30% increase in health insurance costs, and other wage related benefit increases. Operating expenses represent those costs associated with operating and maintaining District facilities and operations. The operating expenses contained within the 2006- 2007 budget represent an increase of $277,508 or 6%, over 2005-2006 operating expenses. This increase is largely due to anticipated increases in the cost of fuel and other repair and maintenance items. Debt Service expenses represent the principal and interest payments for the lease on a fire engine and for a land loan. Cost projections are based on the amortization schedules for each debt. Capital Expenditures provides for the purchase of capital assets, including vehicles, apparatus, land, computers and equipment that exceed $1,000 in cost. The total capital expenditures provided for in the 2006-2007 budget represent an increase of $207,325, or 12% due to the anticipated purchase of the shop/maintenance facility. BJPlbp 7-17 -06n -18-06/8-09-0618-17 -0618-24-06/9-05-06/9-07 -06 6 2006-2007 Budget Final ~ PERSONNEL EXPENSES 001-5220-011-000. 001-5220-012-000.002 STAFF WAGES AND BENEFITS Employee wages represent the largest percentage of the District's personnel, as well as total, expenditures. Projected expenses for the 2006-2007 year are based on contractual increases, projected new hires, scheduled step raises and anticipated promotions. Total salaries budgeted for the 2006-2007 fiscal year reflect the new positions of an Assistant Chief, two Data Entry Clerks, one Accounting Assistant and one Computer Data Base Administrator. Additionally, provision is made to increase one existing Administrative Assistant from part-time status to full-time status. These administrative and management positions are necessary to support the growth in operational staff over the last several years. Operationally, the budget provides for the hiring of three additional firefighters, two two additional fire inspectors and one EMS Coordinator to address the growth in the District. A total of eleven new positions are provided for in this budget, bringing total employees to 170, plus 5 elected officials, for a total of 175 personnel and elected officials. Pay scales for the 2006-2007 fiscal year reflect an 8% increase to salary for all employees working under the provisions of the Collective Bargaining Agreement. The pay scales for management (Chief Officers) also reflect an 8% increase to address existing compression and internal inequity issues. The pay scales for all other administrative employees reflect a 4% increase to address cost of living issues. BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 7 2006-2007 Budget Final ADMINISTRATION PERSONNEL 1 Fire Chief 1 Assistant Chief-Support Operations 1 Assistant Chief - Emergency Operations 1 Chief Financial Officer/Asst. Chief-Finance/Admin. 1 Deputy Chief Operations 1 Deputy Chief of Support Services 1 Deputy Chief of Training 1 Deputy Chief of Life Safety & Prevention 1 Deputy Chief of EMS 1 Executive Assistant 1 Public Information Officer 1 P/R-Benefits Coordinator 1 Accounts Payable/Receivable Accountant 1 Accounting Assistant 3 Full Time Administrative Assistants 2 Data Entry Clerks 2 Maintenance Technicians 1 Full Time Custodian 2 Full-Time Fleet Mechanics 1 Full Time Network Administrator 1 Full Time Data Base Administrator TOTAL ADMINISTRATIVE PERSONNEL-26 105-06 Totals - 21 FIRE PREVENTION 1 Fire Marshal 2 Deputy Fire Marshals 12 Inspectors 2 Administrative Assistants 1 Public Education Officer TOTAL FIRE PREVENTION -18 105-06 Totals - 16 TRAINING 1 Battalion Commander of Training 2 Captains of Training 1 Lieutenants of Training TOTAL TRAINING - 4 105-06 Total - 4 BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9.05-06/9-07 -06 8 Prior Year 1 Fire chief 1 Assistant Chief 1 Director of Finance 1 Dep. Chief of Ops. 1 Dep. Chief of Sup. Servo 1 Dep. Ch. Training 1 Dep. Ch. Life Safety 1 Dep. Ch. EMS 1 Executive Assistant 1 Public Info. Officer 1 P/R-Benefits Coord. 1 AlP-AIR Accountant 2 Full-Time Admin. Assist. 1 Part Time Admin. Asst. 2 Maint. Techs. 1 Full-Time Custodian 2 Full-Time Fleet Mech. 1 Full-Time Network Ad 1 Fire Marshal 2 Deputy Fire Marshals 10 Fire Inspectors 2 Admin. Assistants 1 Public Ed. Officer Prior Year 1 BC of Training 2 Captains of Training 1 Lieutenant of Training 2006-2007 Budget Final t" SPECIAL OPERATIONS 1 Battalion Chief of Special Operations 1 BC-Spec. Operations TOTAL SPECIAL OPERATIONS -1 105-06 Totals - 1 EMS COORDINATOR 1 Captain TOTAL EMS COORDINATOR-1 05-06 Totals - 0 PREFIRE PLANNING -1 1 Lieutenant 1 Lieutenant TOTAL-PREFIRE PLANNING-1 I 05-06 Totals - 1 LOGISTICS - 1 1 Captain 1 Captain TOTAL LOGISTICS - 1 105-06 Totals - 1 OPERATIONS 3 Battalion Chiefs 7 Captains 20 Lieutenants 30 Engineers 63 Firefighters TOTAL - SHIFT PERSONNEL - 123 120 Shift Personnel 105-06 Total- 120 TOTAL PERSONNEL - 06-07 -180 Uniformed FF Civilian Emp. I Commissioners 105-06 Total- 164 Full Time Employees Commissioners GENERAL FUND $ PREVENTION $ INSPECTION (See Inspection Fee Fund Budget) $ TOTAL SALARIES- 06-07 - $12,066,240 (Gen. Fund - $11,545,590) 105-06 Total - $9,922,561 I (See Appendix, Attachment 3 hereto) BJPlbp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 9 '.l; 'I B 5 ~ 155 20 5 175 5 10,873,538 672,052 520,650 2006-2007 Budget Final 001-5220-011-000 t, i 1 B ," ~I,l.. BOARD OF FIRE COMMISSIONERS-SALARIES-BUDGET LINE 25 The Board of Fire Commissioners is a five-member Board elected by the voters residing in the District. Each Commissioner must be a resident of the District, and serves a four year term. The Board holds a monthly meeting the second Thursday of each month to set policy, approve budgetary actions and provide direction and guidance to staff. Additionally, the Board conducts special meetings, workshops and hearings as needed throughout the year. The annual salary for Commissioners is established by Florida Statute, and has remained constant since 1996, Position Annual Pay Chairman $ 6,000 Vice-Chairman $ 6,000 SecretarylTreasurer $ 6,000 Commissioner $ 6,000 Commissioner $ 6,000 06-07 Total $ 30,000 BOARD OF FIRE COMMISSIONERS-OTHER BENEFITS Florida Statute establishes the independent fire district's responsibility to provide benefits for elected officials. 001-5220-023-005 Health and Dental Ins. Annual Cost: 2 Commissioners-Self/Spouse 1 Commissioner - Family 2 Commissioner-Self Note: Annual Cost is equivalent of COBRA rate (premium) Allowance for Change in Status (Self vs. Family)-New Commisisoner Life Ins. Annual Cost: 5 Commissioners - $51.00 06-07 T otal-Health/DentaI/Life 105-06 Total - $39,471 BJP/bp 7-17-06/7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 10 $ 24,086 $ 15,116 $ 12,043 $ 51,245 $ 10,000 $ 51 $ 61,296 2006-2007 Budget Final 001-5220-022-008 RETIREMENT - COMMISSIONERS - BUDGET LINE 57 As of June 1 , 2003, all elected officials participate in the Florida Retirement System. The Division of Retirement requires that all contributions to this plan be made by the employer. Estimated contribution requirements for the 2005-2006 budget are arrived at by multiplying the budgeted salary for the Commissioners by the Elected Officials contribution rate established by the Division of Retirement. FRS (Elected Officials) 16.53% X 30,000 06-07 Total- $4,959 105-06 Total - $4,569 SUMMARY-COMMISSIONERS SALARIES HEAL TH/DENT AULlFE INS. RETIREMENT $ $ $ TOTAL 06-07 - $96,255 IOS-06 Total - $74,050 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 11 30,000 61,296 4,959 5 2006-2007 Budget Final 001-5220-016-015-010 ON CALL PAY - BUDGET LINE 26 Members of the collective bargaining unit who are assigned to an on call status receive $1.25 per hour for all hours on call per the Collective Bargaining Agreement. GENERAL PREVENTION INSPECTION FEE FUND (See Inspection Fee Fund) $ $ $ 06-07 Total- $29,160 (All General Fund) IOS-06 Total - $27,000 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9.07-06 12 '::;) ,I,) ~.. .~ 9,720 19,440 2006-2007 Budget Final 161 001-5220-015-000. 001-5220-015-001 PROFESSIONAL PAY-BUDGET LINES 29 & 30 Professional Pay is compensation to those employees who maintain an additional qualification to perform other emergency related responsibilities, and include the following categories establishing the area of expertise and the amount provided per pay period therefore. The budgeted amount is significantly less that the amount provided in prior years due to the addition of EMT and Paramedic pay to salary schedules pursuant to the terms of the Collective Bargaining Agreement in effect from October 1, 2004 through September 30, 2007. EMT Certification (6 Non-Bargaining at $81.75/Pay Period)) $ PMD Certification (1 Non-Bargaining at $294.30/Pay Period) $ EMS Degree (10 at $100/Pay Period)) $ Fire Degree (20 at $1 OO/Pay Period) $ Bachellor's Degree (2 at $150/Pay Period) $ Fire Instructor/Fire Officer (2 at $1 OO/Pay Period) $ Fire Investigator/Fire Inspector (2 at $100/Pay Period) $ MAKO Tech (3 at $30/Pay Period and 1 at $50/Pay Period) $ Nozzle Tech (1 at $30/Pay Period and 1 at $50/Pay Period) $ Team Leaders (4 at $150/Pay Period) $ Asst. Team Leaders (4 at $11 O/Pay Period) $ Payroll and HR Certifciations (2 at $75/Pay Period) $ Automotive Certifications (5 at $50/Pay Period) $ TOTAL 06-07 $ Provision-Prof. Pays Acquired During Yr. $ $ GENERAL $ PREVENTION $ INSPECTION FEE FUND (See Insp. Fee Fnd. Bud) $ TOTAL 06-07 - $147,412 (General Fund - $143,202) $ 105-06 Total- $121,840 BJPlbp 7-17 -06f7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 13 "i. B.. 1< Annual Amount 11,772 7,063 24,000 48,000 7,200 4,800 4,800 3,360 1,920 14,400 10,560 3,600 6,000 147,475 7,000 154,475 142,612 600 4,200 147,412 2006-2007 Budget Final ~..' ;) J:1, r'o 5 001-5220-014-000.001.002.003.004.005.006 OVERTIME-BUDGET LINES 32-38 Overtime is paid to meet minimum manning shift requirements and when qualified replacement personnel are required to fill position vacancies caused by illness. vacation, education, kelly days and in the event of a District wide emergency. Overtime includes regular overtime, firewatch, special teams, fire prevention, beach patrol, paramedic training and administration. Where no criteria can be used or no actual estimates of time are provided, an average of the last 4 years' expense has been used. Contained within the 2006-2007 overtime budget is the provision to increase overtime for Beach Patrol to $50,000 to provide extended service to beach areas during holidays and season. Overtime-Operations 06-07 Total- $200,000 105-06 Total - $200,000 Overtime-Prevention 06-07 Total - $10,000 105-06 Total- $10,000 Overtime-Beach Patrol 06-07 Total- $50,000 105-06 Total - $1,000 Overtime-Firewatch 06-07 Total- $65,000 105-06 Total- $60,000 Overtime-Administration 06-07 Total- $25,000 105-06 Total- $15,000 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 14 2006-2007 Budget Final 1.61 Overtime-Special Teams Dive Team HazMat TRT Boat Team K-9 Search CERT 06-07 Total- $200,594 105-06 Total- $189,272 28 Hrs. Per Contract 52 Hrs. Per Contract 60 Hrs. Per Contract 21 Hrs. Per Contract Provided by K-9 Team Provided by CERT Budget Overtime-Paramedic Training This paramedic overtime training will provide for off duty attendance by all 42 paramedics for the semi-monthly medical director in-service training. The cost reflected in this budget line consists of 3 hours of overtime every other month for all paramedics. 06-07 Total- $32,408 105-06 Total- $30,000 18 .~ BJP/bp 7 -17 -06!? -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 15 2006-2007 Budget Final 'f1; 001-5220-015-005. 001-5220-015-007 TRAINING BONUS-BUDGET LINES 39 & 40 Members of the Dive Rescue Team, Technical Rescue Team, Hazmat Team, and Boat Rescue Team who complete 75% of their training receive an annual bonus of $300 each, paid on September 30. HazMat (34 Members) TRT (29 Members) Boat Rescue (15 Members) Dive Rescue (25 Members) Bonuses for State Certifications $ $ $ $ $ 06-07 Total- $37,900 I 05-06 Total - $37,400 001-5220-015-001 EMPLOYEE HOLIDAY PAY-BUDGET LINE 31 Holiday pay is paid to union personnel on shift pursuant to the terms of the Collective Bargaining Agreement. Each shift employees is paid for 11 holidays, consisting of New Year's Day, Martin Luther King, Jr.Day, Presidents' Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day. Each employee is paid for a total of 88 hours at their hourly rate. Payment is made Sept. 30. 06-07 Total- $235,262 105-06 Total - $217,835 (See Appendix. Attachment 4 hereto) BJPlbp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 16 1 0,200 8,700 4,500 7,500 7,000 2006-2007 Budget Final 161 1B5 001-5220-015-003 EMPLOYEE SICK TIME PAYOUT-BUDGET LINES 42 & 43 Pursuant to the terms of the Collective Bargaining Agreement and the Personnel Rules and Regulations, employees are paid for earned, unused sick time as of September 30, at 100% of their hourly rate. Employees have the option of receiving payment for all unused sick time, or transferring a portion of their sick time to personal time for future use. The number of hours which may be transferred to an employee's personal time bank, as well as the maximum accrual of personal time, is defined in the Collective Bargaining Agreement and the Personnel Rules and Regulations. GENERAL FUND PREVENTION INSPECTION (See Insp. Fee Fund Budget) 06-07 Total- $427,899 (Gen. Fund - $411,808) $ $ $ 391 ,580 20,228 16,091 105-06 Total- $443,996 (See Appendix, Attachment 5 hereto) 001-5220-015-004 EMPLOYEE VACATION PAYOUT-BUDGET LINE 41 Upon separation from the District or upon entering the Florida Retirement System DROP program, employees are paid for their accrued, earned vacation hours (up to a maximum of 500 hours) at their hourly rate,pursuant to the Collective Bargaining Agreement and the Personnel Rules and Regulations. At this time, no employees have been identified as retiring during the 2006-2007 fiscal year, other than those employees in the DROP program. Those retiring employees were paid for accrued vacation hours at the time of entry into the DROP program. An estimated amount has been identified to provide for unannounced separation or retirement. 06-07 Total - $10,000 105-06 Totar - $15,000 BJPlbp 7 -17 -06f7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 17 2006-2007 Budget Final , .> 001-5220-022-000. 001-5220-022-002. 001-5220-022-004. 001-5220-022-005 RETIREMENT-BUDGET LINES 53-57 The employees of the District participate in one of two retirement plans - Chapter 175 Firefighters' Pension Plan, or the Florida Retirement System. All firefighters hired prior to January 1, 1996, and all elected officials and administrative staff participate in the Florida Retirement System (FRS), except for the Fire Chief. Pursuant to requirements of the Division of Retirement, all contributions to this plan must be made by the employer. Contribution rates are established by the Division of Retirement, and are effective for their fiscal year, which runs from July 1 to June 30. Estimated budgeted costs are determined by multiplying anticipated wages of participating employees by the appropriate contribution rate. Florida Retirement System FRS Retirement Rates Special Risk - 48 Employees at 20.92% Senior Management - 1 Employee at 13.12% Regular Rate - 20 Employees at 9.85% DROP - 1 Employee at 10.91% Elected Officials - 5 at 16.53% Total Participants -71 $ 856,348 $ 6,967 $ 63,000 $ 8,239 See Budget Line #57 GENERAL FUND PREVENTION INSPECTION FUND (See Insp. Fee Fund Budget) 06-07 Total - $934,554 (General Fund - $900,967) 105-06 Total- $1,014,178 $ 864,698 $ 36,269 $ 33,587 $ 934,554 BJP/bp 7-17 -06(7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 18 2006-2007 Budget Final .1 I 18 Chapter 175 Firefighters' Pension All firefighters hired by the District after January 1, 1996 participate in the Chapter 175 Firefighters' Pension Plan. Contributions to the plan are funded partially by State Premium Tax Funds, with the balance paid by the District. Currently, the District may utilize $112,818 of those state funds to offset the District's required contribution amount. All State Premium Tax Funds received in excess of the $112,818 must be used to fund extra benefits. The District's annual contribution requirements are determined by an actuarial study performed by the Pension Board's actuary. This actuarial study is usually not completed until the first quarter of the fiscal year. Therefore, the budgeted amount is based on the current year requirements, with an anticipated increase computed by reviewing the increases over the last four years, and factoring in new plan participants via new hires and contractual wage increases. The 2006-2007 contribu- tion estimate provides for a 30% increase over the current year's requirements. The estimated contribution is based on the current plan benefits. Estimated Contribution Total Participants - 104 GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) $ $ $ 1,295,327 69,462 33,586 06-07 Total - $1,398,375 (General Fund - $1,364,789) 105-06 Total - $1,066,141 RETIREMENT - FIRE CHIEF Pursuant to the Employment Contract between the District and the Fire Chief, the Chief has the option of participating in the Chapter 175 Firefighters' Pension or a 401 (k) Plan. The Fire Chief has opted out of the Chapter 175 Firefighters' Pension, and pursuant to the terms of the Employment Contract, a 401 (k) has been established. The contribution rate for that plan is the average of the contribution rate of the Special Risk class of the Florida Retirement System and the Chapter 175 Firefighters' Pension. For budgeting purposes, a contribution rate of 25% has been utilized 06-07 Total - $37,268 105-06 Total- $-0- BJP/bp 7 -17 -0617-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 19 2006-2007 Budget Final "rJ 'OJ .E 001-5220-021-000.001 SOCIAL SECURITY-BUDGET LINES 44 & 45 Employers are required to pay social security taxes at the rate of 6.20% on all wages up to a maximum of $94,206 per employee, and medicare taxes at the rate of 1.45% on all wages paid to employees, For budgetary purposes, the total wages budgeted are multiplied by 6.20% and 1.45% to arrive at the estimated social security contribution for the 2006-2007 fiscal year. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) 06-1;)7 Total - $1,032,761 (General Fund - $988,575) 105-06 Total- $841,910 $ $ $ 001-5220-024-000. 001 WORKERS' COMPENSATION INSURANCE-BUDGET LINES 51 & 52 In October of 2004, the District entered into an agreement with Preferred Government Risk Trust (PGIT) for worker's compensation insurance. PGIT is one of only two insurers in the State of Florida which will provide worker's compensation insurance for firefighters. One hundred percent of all wages paid are subject to worker's compensation, except for overtime. Only two-thirds of overtime paid is subject to worker's compensation. The rates currently in effect for the 2005-2006 fiscal year are 12.63% for high risk employees and .62% for non-high risk employees. For budgeting purposes, a ten percent increase has been added to the current percentage. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) 06-07 Total- $1,327,056 (General Fund - $1,251,785) $ $ $ 105-06 Total- $1,269,418 BJP/bp 7-17-06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 20 5 937,497 51,078 44,186 1,175,396 76,389 75,271 2006-2007 Budget Final I 18 001-5220-023-001.004 SHORT TERM/LONG TERM DISABILITY-BUDGET LINES 46 & 47 Pursuant to the Collective Bargaining Agreement and the Personnel Rules and Regulations, short term (6 months) and long term disability insurance is provided for all employees, except Fire Commissioners. All premiums are fully paid by the District. Wages up to a maximum of $1,200 per week are subject to short and long term disability benefits. Cost estimates for budgetary purposes are based on estimated wages and current premium rates, factoring in a 10% increase over the 2005-2006 projected cost. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund) $ $ $ 106,294 8,328 5,150 06-07 Total- $119,n2 105-06 Total - $112,422 (See Appendix, Attachment 6 hereto) BJP/bp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 21 2006-2007 Budget Final ~ lli 001-5220-023-000. 003.005 L1FElDENTAUHEALTH INSURANCE-BUDGET LINES 48 - 50 The District provides life insurance in the amount of $50,000 for all full-time employees, and health and dental insurance for all full-time employees and their dependents, as well as for retirees who meet the criteria set forth in the Collective Bargaining Agreement and the Personnel Rules & Regulations. Currently, the District has a partially self funded plan administered by Self Insured Plans, LLC, utilizing QEB as the reinsurance carrier. Life insurance is provided by Standard Ins. A cost increase multiplier of 30% has been used to estimate health insurance costs. LIFE INSURANCE Employees ($50,000) Retirees ($5,000) Commissioners ($5,000) Annual Cost $ 17,340 $ 112 $ 51 $ 17,503 $ 357,005 $ 2,536,931 $ 2,893,936 Total-Life Insurance HEALTH INSURANCE Fixed Costs Variable Cost (Max. Liab.) Total- Health Insurance DENTAL INSURANCE (Self Funded Insurance) Included in Above Total- Life, Dental and Health Insurance General Prevention Commissioners Inspection 06-07 Total - $2,911,439 $ 2,911,439 $ 2,664,927 $ 100,485 $ 61,296 $ 94,731 105-06 Total- $1,805,919 BJP/bp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 22 2006-2007 Budget Final tl. . ~'(;" 001-5220-023-002 EMPLOYEE PHYSICALS - BUDGET LINE 59 All personnel employed under the terms of the Collective Bargaining Agreement are required to undergo an annual physical as performed by the District's physician, consisting of specified criteria. The District pays 1 00% of the costs. Pursuant to the terms of the Personnel Rules and Regulations, all non-sworn administrative staff have the option of an annual physical, performed by the District's physician. The District pays 1 00% of the cost of the physical, which consists of specified criteria. In 2003, the Board established, by motion, that physicals for the Fire Commissioners were voluntary, and would be paid in full by the District. Provision has been made for physicals for all Commissioners. The District also provides fit for duty and pre-employment physical exams, via the District Physician. The District also pays 1 00% of these costs. Estimated costs for the 2006-2007 fiscal year are based on actual expenses over the last two years, with provision for new hires and a potential 1 0% cost increase when the contract with the District physicians comes up for renewal in June of 2007. 06-07 Total- $130,000 105-06 Total- $130,231 001-5220-099-007 RETIREMENT RECOGNITION-BUDGET LINE 60 There is one employee who will retire in the course of the 2006-2007 fiscal year, and one employee who will reach their 25th anniversary and one who will reach their 20th anniversary. Provision has also been made for those retirements which may occur of which staff is not yet aware, 06-07 Total - $2,000 105-06 Total - $1,500 BJP/bp 7-17-06(7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 23 2006-2007 Budget Final .~~ n , ;, ~,. 001-5220-025-000 UNEMPLOYMENT COMPENSATION-BUDGET LINE 58 The District does not participate in the State Unemployment program. Therefore, if a former employee files for unemployment, the District must reimburse the state. Cost is based on actual claims filed, Because the District has had relatively few claims filed over many years, estimates for the 2006-2007 budget are based on historical cost averages. 06-07 Total - $1,000 105-06 Total- $5,000 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 24 1B 2006-2007 Budget Final OPERA TING EXPENSES 001-5220-045-000 LIABILITY, AUTO AND BUILDING INSURANCE-BUDGET LINE 61 The District maintains general liability, auto, property, accident, sickness and umbrella coverage through VFIS Insurance Company. Cost projections are based on current premiums plus an additional 15%, the average increase in premiums over the last four years. 06-07 Total $ 105-06 Total - $179,000 BJPlbp 7-17-0617 -18-0618-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 25 i5 205,811 2006-2007 Budget Final 001-5220-041-001 COMMUNICATIONS-BUDGET LINE 62 PARTS/REPAIRS 100 Portable Batteries- 800 MHZ 25 Portable Batteries-VHF 10 Replacement Headsets 50 Leather Belt Clips 20 Leather Radio Cases 10 Four Bank Chargers 20 Single Chargers Miscellaneous Parts/Labor V erizon- Pagers Replace Staff Cell Phones Reprogram Radios Maintenance Contract - 800 MHZ & VHF Headsets for Engineer (Portable) 25 Collar Microphones 06-07 Total 105-06 Total - $84,600 001-5220-041-000 TELEPHONE-BUDGET LINE 63 06-07 Total 105-06 Total - $174,6n 001-5220-043-000 UTiliTIES-BUDGET LINE 64 06-07 Total- $168,000 105-06 Total - $154,000 001-5220-046-009 BJP/bp 7-17 -06f7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 26 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ;.~,:;- ~' I 18 7,500 1,250 2,500 2,500 1,000 4,500 2,000 1 0,000 13,000 2,000 3,000 12,000 3,000 3,000 67,250 204,312 2006-2007 Budget Final VEHICLE MAINTENANCE AND REPAIR-BUDGET LINE 65 The District operates a vehicle and apparatus maintenance facility and employs two full time mechanics to service the fleet. The purchase of parts to accomplish these repairs, as well as other anticipated maintenance items and services, excluding fuel and oil, are reflected in this expense line. Additionally, the cost for external repair services is included to provide for services which cannot be performed at our facility. The 2006-2007 amount budgeted reflects a decrease of $144,050 or 25%. This decrease is a result of the budgeting for the repair of Engine 40 in 2005-2006. No such provision is required for the 2006-2007 fiscal year. Outside Repairs-Apparatus Apparatus Parts Polishing Apparatus & Cars Window Tinting for all Apparatus Striping and Decals for New Vehicles Chevron Stripping to Existing Vehicles Replacement Label and Striping Staff Vehicle Maintenance $ $ $ $ $ $ $ $ $ 06-07 Total 105-06 Total- $564,900 BJP/bp 7-17 -06f7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 27 \ . '1 HJ 150,000 200,000 9,270 3,000 3,605 2,575 4,400 48.000 420,850 2006-2007 Budget Final 001-5220-046-010 BUilDING MAINTENANCE-GENERAL-BUDGET LINE 66 The District operates and maintains 7 fire stations, administrative and fire prevention headquarters, and a shop/maintenance facility. Contained within Budget Line 65 - Building Maintenance - General are provisions for routine repair and maintenance items and services for all of the District's facilities. Service needs vary from weekly, monthly and annually, to an as needed basis. Some service or maintenance/repair items cannot accurately be assigned to a specific station. It is difficult to anticipate which station might need glass replaced, for example, or overhead door repair. Therefore, this line provides for repair and maintenance of items by type of service or repair, rather than by location of facility. The amount budgeted in 2006-2007 reflects an increase of $56,613, or a 21 % increase over the prior year's budget. This increase is a result of the provision for repair and maintenance of the shop and warehouse, as well as the anticipated costs increases. Outside Maintenance-All Facilities Lawn Service - (Inc. sprinklers/weed/fert,) $ Window/Glass Replacement $ ShrubfTree Replacement & Tree Trimming $ Garage Door Service and Repair $ Lift Station Service & Repair $ BBQ Grill Repairs and Tank Fills $ Generator Repairs and Service $ Lake Maintenance (St. 45) $ Outdoor Electric Repair & Service $ Pressure Clean Exterior/Interior $ RV Hook Up for Trailer $ Combination Locks on all Station Exterior Doors $ Replace AlC Compressor and/or Air Handler $ Fuel Tank Upgrades $ Fuel Pump Service & Repair $ Total-Outside $ BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 28 5 58,000 3,400 10,300 22,000 30,000 3,500 10,815 1,500 7,500 11 ,500 7,000 7,210 7,210 35,900 3.000 218,835 2006-2007 Budget Final i 1 B Inside Maintenance-All Facilities Electrical Repairs and Service $ 10,300 Plumbing Repairs and Service $ 5,150 Lighting Supplies/Parts $ 1,545 Pest Control-All Stations $ 4,500 Hood/Extinguisher Service $ 2,163 Exercise Equipment Maintenance/Service $ 3,605 Air Conditioning-Duct Repair/lnspection/Clg. $ 13,500 Window Tinting $ 5,150 Appliance Service, Repair & Replacement $ 5,150 Fire Alarm Servicerresting $ 3,502 Fire Sprinkler Servicerresting $ 2,250 Carpet/Furniture Cleaning $ 5,150 Carpet/Furniture Replacement (Non-Capital) $ 10,500 Clean & Seal Tile Floors $ 2,050 Air Condition & Ice Machine Repair $ 10,500 Total-Inside Maintenance $ 85,015 Miscellaneous - All Facilities Flammable Liquid Lockers $ 2,163 Enclose Bunker Gear Rooms $ 2,575 Ventilate Bunker Gear Rooms $ 2,575 Miscellaneous Tools - Maintenance Workers $ 1 ,400 Total-Miscellaneous $ 8,713 06-07 Total $ 312,563 105-06 Total - $255,950 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 29 2006-2007 Budget Final 001-5220-046-000 ,; BUILDING MAINTENANCE-STATION #40-BUDGET LINE 67 INDOOR BUILDING MAINTENANCE Kitchen Items Carpet and Chair Cleaning New Mattresses/Box Springs (2) Exhaust Fan (Men's Room) New Kitchen Chairs Total-Indoor Maintenance OUTDOOR BUILDING MAINTENANCE Total-Outdoor Maintenance 06-07 Total 105-06 Total - $9,800 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 30 $ $ $ $ $ $ $ $ t 500 800 1,200 600 600 3,700 3,700 2006-2007 Budget Final I '1 B 5 001-5220-046-001 BUILDING MAINTENANCE - STATION #42-BUDGET LINE 68 INDOOR BUILDING MAINTENANCE Microwave 1 Metal Cabinet LazyBoy Chairs (5) Misc, Kitchen Items Computer Desk - Day Room Book Case - Day Room DVD Player - Day Room Misc, Weight Equipment Total Indoor Maintenance $ $ $ $ $ $ $ $ $ 200 200 2,500 300 250 200 200 3,000 6,850 06-07 Total $ 6,850 105-06 Total - $9,800 001-5220-046-003 BUILDING MAINTENANCE - STATION #43-BUDGET LINE 69 INDOOR BUILDING MAINTENANCE Mattresses and Box Springs (4) Recliners (2) Misc. Station Supplies Steel Door - Bunker Gear Room Resuriace and Repair Kitchen Base Cabinets Total Indoor Maintenance 06-07 Total $ 2,000 $ 1,300 $ 1,000 $ 1,000 $ 3,500 $ 8,800 $ 8,800 105-06 Total- $6,650 BJPlbp 7-17-06/7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 31 2006-2007 Budget Final ~ I, ~~ t~) II 001-5220-046-004 BUILDING MAINTENANCE-STATION #44-BUDGET LINE 70 INDOOR BUILDING MAINTENANCE Miscellaneous Kitchen Supplies Cookware Lounge Chairs (3) Miscellaneous Station Items Chair Rail - Kitchen Exercise Equipment Ceiling Fans TV/Wall Mount Portable AlC Unit - Bunker Gear Total -Indoor Building Maintenance $ $ $ $ $ $ $ $ $ $ 1,000 500 1,500 500 2,500 800 2,000 1,000 800 10,600 OUTDOOR BUILDING MAINTENANCE Sprinkler System Paint Exterior Grill Picnic Tables Tint Station Windows TOTAL-INDOOR 06-07 Total $ 8,000 $ 29,000 $ 1,000 $ 400 $ 2,000 $ 40,400 $ 51,000 105-06 Total - $28,099 BJPlbp 7-17 -06/7 -18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 32 2006-2007 Budget Final 001-5220-046-005 BUILDING MAINTENANCE - STATION #45-BUDGET LINE 71 INDOOR BUILD-ING MAINTENANCE Miscellaneous Kitchen Supplies Exercise Room Floor Carpet and Chair Cleaning Photoprocessing and Frames Station Tools Total Indoor Building Maintenance OUTDOOR BUILDING MAINTENANCE Grill Replacement Paint Inside and Out (Including Training Tower) Total Outdoor Maintenance Total 06-07 105-06 Total - $12,800 BJPlbp 7 -17 -0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 33 $ $ $ $ $ $ $ $ $ $ 500 4,000 1,000 500 500 6,500 1,000 75,000 76,000 82,500 2006-2007 Budget Final 001-5220-046-006 116 i BUILDING MAINTENANCE - STATION #46-BUDGET LINE 72 INDOOR BUILDING MAINTENANCE Exercise Room Materials Misc. Kitchen Items Paint Interior (Work Done by Maintenance Staff) Tables for Day Room Office Chair Carpet Cleaning New Recliners (6) Tile/GrouVSealant Washer and Dryer Window Treatments Total-Indoor Maint. OUTDOOR BUILDING MAINTENANCE Pressure Wash Roof Lumber for Bunker Gear Racks Total-Outdoor Maint. 06-07 Total 105-06 Total- $2,000 BJP/bp 7-17-0617-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 34 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 18 5 500 500 2,000 300 300 1,000 3,000 1,500 1,000 500 10,600 3,000 1,500 4,500 15,100 2006-2007 Budget Final 001-5220-046-007 BUILDING MAINTENANCE - STATION #47-BUDGET LINE 73 INDOOR BUILDING MAINTENANCE The items below have been identified by the Station Captain as needed for the coming year. We will seek cooperation of the other agencies regarding joint purchases. Misc. Kitchen Items Office Room Chairs (3) Paint Bay Floor Miscellaneous Maintenance Supplies Chair Cleaning Total $ $ $ $ $ $ Additional Maintenance Since M~intenance and Repair of St. 47 is done pursuant to an Interlocal Agreement with the County, and the County has not provided us with any information, a lump sum amount has been provided Total-Additional Maintenance $ $ 06-07 Total $ 105-06 Total- $11,100 001-5220-046-013 BUILDING MAINTENANCE - SHOP/LOGISTICS-BUDGET LINE 74 Miscellaneous Maintenance Supplies $ 5,000 06-07 Total $ 105-06 Total- $10,000 BJP/bp 7 -17 -0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 35 400 200 1,500 600 450 3,150 8,000 8,000 11,150 5,000 2006-2007 Budget Final EQUIPMENT REPAIR & MAINTENANCE The cost provision for the repair and maintenance of fire, SCBA Compressor (formerly referred to by the brand name "MAKO"), and computer equipment, and maintenance of the fire hydrants in the District. 001-5220-046-006 FIRE EQUIPMENT REPAIR & MAINTENANCE-BUDGET LINE 75 Scott ReDair Proaram Bottle Hydro Annual Flow Test 4 Scott Regulators Repairs & Parts Hurst Contract - Repair and Maintenance Scott Multiwash Total-Scott Repair $ $ $ $ $ $ $ Normal Repair & Maintenance of Power Tools, Fire Equipment, Hand Tools, Boat Equipment, A TVs, Thermal Imaging Camera, PPV Fans, Spare Masks 06-07 Total $ $ 105-06 Total - $42,050 BJPlbp 7 -17 -06n _18_06/8_09_06/8_17_06/8_24_06/9_05_06/9_07 -06 36 3,800 5,000 2,500 8,500 8,500 750 29,050 20,000 49,050 2006-2007 Budget Final 16 I J5 001-5220-046-007 SCBA COMPRESSOR REPAIRS-BUDGET LINE 76 Quarterly Maintenance Program $ 1,500 Misc. Parts and Repairs $ 3,200 06-07 Total $ 4,700 105-06 Total. $4,548 001-5220-046-008 NOZZLE REPAIR-BUDGET LINE n Parts Assorted Rubber Bumpers $ 200 Handles $ 400 Shutoff Body $ 700 Shutoff Ball $ 300 Pistol Grip $ 100 O-Rings $ 100 Repair/Rebuild Kits $ 600 Task Force Tips (8) $ 4,100 06-07 Total $ 6,500 105-06 Total - $2,865 BJP/bp 7-17 -06n-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 37 2006-2007 Budget Final t', ,-d , 001-5220-051-002 COMPUTER MAINTENANCE-BUDGET LINE 78 The computer maintenance budget provides for the purchase of software, regardless of the cost since software is not a fixed asset, hardware costing less than $1,000, maintenance and updates for existing software and new software. The 2006-2007 budgeted total reflects an increase of $42,805, or 23%, over the 2005-2006 budgeted amount. This increase is due to the provision for the purchase of new software: document management and storage software (which will enable the District to store and access records currently stored at Stations #43 and #45), and warehousing software for the warehouse. ITEM Document Management & Storage Software One Step Software Maintenance (Prevention) Workorder Computer Software (Shop) Automatic Vehicle Locator Software Motorola Maintenance (Printrak & Premier MDC) Upgrade ESRI Mapping Software Backup Parts (Computers in Apparatus) Novell Licenses (15 New Users) Citrix Licenses Wireless Access Points - 6 Stations Astari Firewall Maintenance Warehousing Software Red Alert Maintenance Cadzone One-Step Software Annual Maintenance Great Plains Maintenance Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 65,000 3,000 20,500 20,000 2,560 10,500 10,000 9,200 5,000 18,000 3,445 5,000 4,000 3,000 2,025 3,000 184,230 Hardware Miscellaneous Hardware & Software $ 40,000 06-07 TOTAL $ 224,230 105-06 Total- $181,425 BJPlbp 7-17-06(7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 38 2006-2007 Budget Final 001-5220-046-011 HYDRANT MAINTENANCE-BUDGET LINE 79 The estimated cost for hydrant maintenance services performed by the District is provided by the Fire Marshal. Added to that cost is an average (over the last 3 years) of the amounts expended for hydrant repairs. 06-07 Total $ 105-06 Total- $29,231 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 39 35,000 2006-2007 Budget Final 5 001-5220-052-004 EMERGENCY MEDICAUALS SERVICESI SUPPLIES-BUDGET LINE 80 The Board of Fire Commissioners has identified the ALS program as a District priority. The 2006-2007 budget contains the provision for paramedic certification training for an additional 12 paramedics, maintenance agreements on the Zoll monitors purchased previously and emergency medical supplies and certifications. The 2006-2007 budget reflects an increase of $57,435, or 60%. 06-07 Total $ 20,000 $ 35,000 $ 2,400 $ 2,550 $ 500 $ 7,920 $ 10,780 $ 200 $ 4,500 $ 60,000 $ 4,500 $ 500 $ 2,000 $ 2,000 $ 152,850 Medical Supplies Medical Reporting Software System Medical Bags Oxygen Refill and Service Medical Equipment Repair Zoll Monitor Maintenance Agreement (2 Years) Zoll Auto Pulse Maintenance Agreement (2 Years) CPR Recertification PALS Certification PMD Certification Course (12 New Paramedics) International Trauma Life Support Medical Journals Medical Protocol Printing Emergency Medical Ser. Conferences 105-06 Total- $95,415 Note: Total cost to maintain ALS Program: Supplies/Services Training Capital Purchases Paramedic Training - Off Durty Overtime $ $ $ 152,850 83,570 32,408 $ 268,828 BJPlbp 7 -17 -06/7 -18-0618-09-0618-17 -0618-24-0619-05-0619-07 -06 40 2006-2007 Budget Final 161 18 001-5220-051-000 OFFICE SUPPLIES - BUDGET LINE 81 The budget amount for this expense line was derived by comparing the average office supply expense for the last four fiscal years with the projected total expense for the current year plus 10%, and selecting the higher of the two figures. 06-07 Total $ 35,000 105-06 Total - $34,129 001-5220-051-001 OFFICE SUPPLIES - PREVENTION - BUDGET LINE 82 Envelopes $ 100 Letterhead $ 101 Business Cards $ 1,260 Stop Work Orders $ 117 Correct Work Orders $ 305 Notice of Compliance Forms $ 278 Burn Permits $ 100 Special Projects $ 400 Notice of Violation Forms $ 322 False Alarm Forms $ 480 Fire Alarm Out of Service Forms $ 127 Fire Alarm Stickers (3rd Degree) $ 230 Existing Building Form A-4 $ 1,204 Existing Building Form B-2 $ 280 Firewatch Guidelines $ 100 Firewatch Contracts $ 216 Occupation Insp. Info. Brochure $ 460 New Construction Info. Brochure $ 230 ISO. Hydrant and SOP Maps $ 200 Plantags for Blueprints $ 350 Postage $ 2,050 Occupational Inspection Forms $ 139 System Contractor Labels $ 230 Special Events Contract $ 240 06-07 Total $ 9,519 05 - 06 Total- $8,175 BJP/bp 7-17 -00f7 -18-00/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 41 2006-2007 Budget Final 001-5220-052-001 PROTECTIVE GEAR-BUDGET LINE 83 The Protective Gear budget line provides for replacement of protective gear (excluding bunker pants and coat, which is identified as a capital asset), and the purchase of protective gear for new employees. The anticipated cost is $19,250 more than the current year cost. This is due to a the provision of annual inspection, cleaning and repair of protective gear, and the purchase of wildland gear and quick escape devices. ITEM Firefighter Gloves 40 Nomax Hoods 45 Suspenders Helmet Accountability Fronts 1 2 Extrication Jumpsuits 10 Spanners Webbing 1 0 Helmets 10 Helmet Visors Inspection, Cleaning & Repair Wildland Gear Ladder Belts and Escape Devices Bunker Boots $ $ $ $ $ $ $ $ $ $ $ $ $ 06-07 Total $ 105-06 Total - $30,500 BJPlbp 7-17 -06n-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 42 . ---, 1,200 2,000 1,000 500 2,500 300 250 3,000 1,000 15,000 3,000 15,000 5,000 49,750 2006-2007 Budget Final 001-5220-052-002 UNIFORMS-BUDGET LINE - LINE 84 Pursuant to Article 17 of the Collective Bargaining Agreement and Section 16 of the Personnel Rules & Regulations, uniforms for all sworn employees and Chief Officers are provided by the District, In addition, the District also provides uniforms for the Public Information Officer and the Public Education Officer. 61 Also contained within this budget line are provisions for polo shirts for administrative staff (1 each), polo shirts and t-shirts for maintenance staff, and a uniform service for the two full time mechanics, uniforms for the Honor Guard, and dress attire for the Board of Fire Commissioners. Local 2297 Personnel (Per Collective Baraainina Aareement) T-Shirts Paramedic Pants Pants Dress Shirts Sweat Shirts Sweat Pants Jump Suit Gym Shorts Wind Breaker W inter Jacket Beach Shorts Belts Ties Baseball Hats Boot Purchase Boot Repair Badges Name Tags Serving Since Captain Bars Bugles Lt. Bars B.C. Bars 4 New Firefighters Uniforms Total-Local 2297 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Traditional Dress Uniforms Dress jacket, Pants, Hats & Brass $ PIO/PEO BJPlbp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 43 18 5 13,000 10,000 1,100 2,200 1,100 1,100 1,200 1,650 500 700 200 1,500 100 2,500 10,500 2,350 2,500 400 400 200 500 200 50 1,000 54,950 14,400 2006-2007 Budget Final u) 5 Polo shirts-5 each Pants-3 Each Dress Shoes-1 each Belt-1 each Oxford Shirt-2 each Total-PIO/PEO $ $ $ $ $ $ 250 150 400 50 110 960 Maintenance Personnel (Maintenance. Custodial) Polo Shirts-5 each $ 250 Pants-5 each $ 150 T-shirts -5 each $ 100 T otal-Mai ntenance $ 500 ShOD Personnel Uniform Service $ 1,560 Total-Shop Personnel $ 1,560 Admin/Manaaerial Pants $ 500 Dress Shirts $ 500 Belts $ 100 Tie $ 30 Dress Shoes $ 800 Polo Shirts $ 500 Oxford Shirts $ 500 Dress Uniforms $ 1,000 Total-Adm. $ 3,930 Commissioners Polo Shirts - 2 Each $ 250 Oxford Shirts - 2 Each $ 560 Logo Set Up $ 200 Dress Jacket - 1 Each $ 750 Pant/Skirt - 1 Each $ 200 Dress Shirt/Blouse - 1 Each $ 85 Tie/Scarf - 1 Each $ 60 Total - Commissioners $ 2,105 Honor Guard (9 Members) Pants $ 1,080 Belts $ 288 Shoes $ 609 Gloves $ 60 White Polo Shirt $ 350 Uniforms for 1 New Member $ 1,200 Total - Honor Guard $ 3,587 Miscellaneous Expense $ 5,000 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 44 2006.2007 Budget Final 10% Price Increase Provision 06-07 Total 105-06 Total - $90,522 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 45 ,,--,,-_... -II --" 0" 151 . v- ., ~" \ 1 ' 18 $ 5,456 $ 92,448 2006.2007 Budget Final ...'~ ._~ ~::. 001-5220-052-007 HURRICANE/EMERGENCY SUPPLIES-BUDGET LINE 85 This budget line provides for the purchase of items necessary to have on hand during a declared state of emergency. including chain saws, replacement blades, leasing of heavy equipment, and food and water for employees, other emergency service personnel and volunteers housed at District facilities. The 2006-2007 budgeted amount reflects no increase in the amount provided for in the 2005-2006 budget because Designated Reserves exist for both Disaster Preparedness and Emergency, 06-07 Total 105-06 Total- $10,000 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 46 $10,000 2006-2007 Budget Final 001-5220-052-000 16\ 1 B 5 STATtON SUPPLIES-BUDGET LINE 86 Provision for basic supplies for all stations is made in the Station Supplies budget. There is provision for a 20% price increase in station supply items for the 2006-2007 budget, which accounts for the 20% increase in this expense line. Cleanina & Maintenance SUDDlies Paper and Related Items Cleaners Garbage Bags Hair & Body Shampoo Dishwasher Detergent Wipers, Rags, Hand Pads Mops & Accessories Deoderants & Disinfectants Brooms, Brushes, Accessories Vehicle Cleaning Supplies Insect Repellant Towels Coffee Total-Cleaning & Maintenance Supplies Linen Service - All Stations Basic Supplies 06-07 Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,040 2,400 2,160 1,380 900 1,260 600 600 240 300 120 8,400 23,400 11 ,880 21 ,600 56,880 105-06 Total-$47,400 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 47 2006-2007 Budget Final 001-5220-051-001 OFFICE EQUIPMENT (NON-CAPITAL)-BUDGET LINE 87 The Office Equipment (Non-Capital) budget line provides for the purchase of small office equipment costing less than $1,000 (such as printers and fax machines), printer cartridges and the lease and maintenance fees for both administrative photocopy machines. The 2006-2007 budget reflects an increase of $2,290 or 5% over the 2005- 2006 budgeted amount. This increase is due primarily to the provision for upgrade to the postage meter, and anticipated cost increases to run and maintain District small office equipment. ITEM Copier Leases & Maintenance Postage Machine Lease Per Copy Charges-Copier #1 Per Copy Charges-Copier #2 Printer Repair & Maintenance Printer Cartridges/Supplies FAXJCopier-ShoplW arehouse Mis. Office Equip. $ $ $ $ $ $ $ $ i,J ~J" ~, 20,000 5,000 6,800 1,600 3,000 8,000 800 5,000 06-07 Total $ 105-06 Total- $47,910 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 48 50,200 2006-2007 Budget Final 001-5220-051-002 OFFICE EQUIPMENT-NON-CAPITAl-PREVENTION-BUDGET LINE 88 As with office supplies, the Fire Prevention Bureau submits an annual list of non- capital office equipment requirements for items specific to the Bureau. The 2006-2007 cost budgeted reflects an increase of $243, or 4%. Label Maker $ 150 Fax Cartridge PC-201 $ 480 Street Map for Wall $ 100 Typewriter Supplies $ 100 1 Bookcase $ 250 Panasonic Port Aeplicators (3) $ 585 Printer Cartridges-Laptops $ 3,357 Filing Cart $ 150 Color Printer Cartridges $ 1,000 06-07 Total $ 6,022 105-06 Total - $5,779 BJP/bp 7-17-06/7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 49 2006-2007 Budget Final 001-5220-064-001 FIRE EQUIPMENT-NON-CAPITAL-BUDGET LINE 89 Contained within the Fire Equipment (non-capital) budget line are provisions for the purchase of fire equipment with a cost of less than $1,000. The amount provided for in the 2006-2007 budget reflects a decrease of $10,900 or 13%. This increase is based on projected expenses for the 2005-2006 year, as well as anticipated cost increases, Class A Foam Class B Foam Batteries 20 SCBA Markers Hand Tool & Small Equipment Replacement Cribbing Replacement 2 125 gpm Foam Inductors 2 Spools Search Line 10 30 Minute Bottles Hurst Hydraulic Hose Replacement Replacement Nozzles Battery Packs for Tools 2 1/2" Pressure Gauges - High Rise Bag Miscellaneous Equipment $ $ $ $ $ $ $ $ $ $ $ $ $ $ 06-07 Total $ 105-06 $82,950 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 50 ~ '1 B5 2,100 4,500 750 1,000 20,000 3,000 1,200 500 10,000 2,000 5,000 1,000 1,000 20,000 72,050 2006-2007 Budget Final 001-5220-052-008 -~~, - t. V" SHOP EQUIPMENT/SUPPLIES - NON-CAPITAl- BUDGET LINE 90 The Shop Equipment-Non-Capital & Supplies budget line provides for the purchase of small equipment costing less than $1 ,000 and basic supplies for the shop maintenance facility, The 2006-2007 budgeted amount reflects an increase of $950, or 7%, as compared to the 2005-2006 budgeted amount. This increase is a result of anticipated normal cost increases for shop supplies and small equipment. Linen (Shop Towels & Uniforms) Drinking Water NFP A Books Two 10' six inch lightweight suction Table Saw Electrical Terminal & Brass Assortments Miscellaneous Small Tools Miscellaneous Supplies (Oil, etc) 06-07 Total 105-06 Total- $12,800 001-5220-052-009 $ $ $ $ $ $ $ $ 3,500 500 250 1,000 800 1,200 2,500 4,000 $ 13,750 W AREHOUSEllOGISTICS SUPPLIES & EQUIPMENT-BUDGET liNE 90A New Budget Line for 2006-2007 Office Furniture - Data Entry Employee (Shop/Warehouse) Laundry Soap for Bunker Gear Laundry Cart Ladder Miscellaneous Shipping and Receiving Supplies FAX/Copier Service Contract for Extractors 06-07 Total 05-06 Total- $-0- BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 51 $ 1,000 $ 1,500 $ 300 $ 150 $ 1,500 $ 300 $ 1,000 $ 5,750 2006-2007 Budget Final 001-5220-031-000 ,. . PROFESSIONAL FEES-BUDGET LINE 91 The District routinely utilizes a large variety of professional services, including legal. computer support, risk management and transcription. Because the extent of services required cannot always be determined for the coming fiscal year, current year projections are used to estimate anticipated future costs, making allowances for fee increases. The 2006-2007 Professional Fees budget represents an increase in cost of $39,700 or 3%. This increase is a result of anticipated rate increases, the inclusion of projected fees for a merger consultant, and for a temporary service to provide data input for the Fire Prevention Bureau's newly acquired software. Allen, Norton & Blue Cardillo, Keith & Bonaquist Lewis, Longman & Walker Thompson, Sizemore & Gonzales Donaldson Law, PA Markham, Norton, Mostettler & Co. (non-audit) Stroemer, Tuscan & Co. (non-audit) SW FL. Polygraph (Background Checks) Employee Assistance Services Consultant - Merger S. W. Florida Reporting Service Computer Service Temporary Service - Data Entry - Prevention Program Risk Manager Engineering Fees Miscellaneous Professional Fees 06-07 Total 105-06 Total - $406,800 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8- 24-06/9-05-06/9-07 -06 52 $ 3,000 $ 85,000 $ 15,000 $ 4,000 $ 150,000 $ 2,000 $ 2,000 $ 2,000 $ 3,500 $ 50,000 $ 50,000 $ 20,000 $ 15,000 $ 1 5,000 $ 10,000 $ 20,000 $ 446,500 2006-2007 Budget Final 161 1~ 001-5220-049-009 COLLIER COUNTY PROPERTY TAX APPRAISER'S FEES-BUDGET LINE 92 Estimate fees are computed based on the budget of the Collier County Property Tax Appraiser's Office, and are provided to the District via written correspondence from that office. These fees constitute the District's share of the Property Tax Appraiser's annual budget, which is how the Property Tax Appraiser is compensated for providing property tax assessments to the District. 06-07 Total $ 180,029 105-06 Total - $174,000 001-5220-049-000 COLLIER COUNTY TAX COllECTOR FEES-BUDGET LINE 93 The Collier County Tax Collector receives an annual fee for collecting and distributing Ad Valorem taxes to the District. The cost is based on Section 192.091, Florida Statute. Estimated Tax Revenue: $ 25,111,638 Collector's Fees: 3% of first $50,000 2% on Balance ($25,061,638) Postage $ $ $ 1,500 501,233 2,500 06-07 Total $ 505,233 105-06 Total- $419,461 BJPlbp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 53 2006-2007 Budget Final 001-5220-032-000 AUDITOR FEES-BUDGET LINE 94 The District is required by law to undergo an annual audit by an independent auditing firm and must submit an audited financial statement to the Auditor General on an annual basis. Estimated fees are based on current year expenditures. No increase over the 2005-2006 budgeted amount is anticipated. 06-07 Total $ 105-06 Total- $75,000 BJPlbp 7-17 -06n-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 54 75,000 2006-2007 Budget Final 161 18 001-5220-049-004 SPECIAL ASSESSOR'S FEE FOR ST. #44-WATER ISEWER-BUDGET LINE 95 This assessment reflects the District's portion of the water and sewer assessment allocated to Station #44 by the County. Collier County Emergency Services pays 38% of this assessment and the District pays 62% of the assessment. No increase over the 2005-2006 budgeted amount is anticipated. 06-07 Total $ 4,000 105-06 Total- $7,000 001-5220-054-002 TRAVEL AND PER DIEM-BUDGET LINE 96 This account reflects all travel and per diem reimbursement expenses for all conferences, seminars and other District travel. Because budget requests for training, seminars and conferences are submitted as much as one year in advance of the event, the exact location and associated travel costs are usually unknown. Where possible, the associated expense budget line has been identified, with cost estimates for travel and per diem. Training - Operations Emergency Medical Service Logistics Boat Team Dive Team TRT Team K-9 Team CERT Team HazMat Training - Prevention Training - Administration/Commissioners Miscellaneous 06-07 Total 105-06 Total - $50,000 $ $ $ $ $ $ $ $ $ $ $ $ $ I 17,800 5,000 1,000 3,000 3,000 7,100 1,000 3,000 4,000 3,000 10,000 12,100 70,000 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 55 2006-2007 Budget Final 1 1 001-5220-048-000 PUBLIC INFORMATION OFFICER-BUDGET LINE 97 The District employs one full time Public Information Officer, who is tasked with the development, implementation and coordination of all public information programs, including providing information to the media and maintaining the District's photographic records. The 2006-2007 budget reflects a decrease of $1,080 or 8% as compared to the prior year's budget. BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 56 5 2006-2007 Budget Final /} 1 ~ ....:':,..~ 001-5220-048-001 PUBLIC EDUCATION OFFICER-BUDGET LINE 98 The District employes one full time Public Education Officer, who operates under the supervision of the Fire Marshal. The Public Education Officer is tasked with developing, implementing and coordinating citizen education promoting public safety. Child Passenaer Safety Proaram Demo Child Safety Seats $ 300 Child Safety Brochures $ 200 Equipment and supplies $ 200 Sub-Total-Car Seat Safety Program $ 700 Free Citizen CPR Classes Pocket Masks $ 500 CPR For Friends and Family Books $ 200 Heartsaver First Aid and CPR Books $ 150 life Pak CR-Plus AED Trainer $ 265 First Aid Supplies and Mannequin Lungs $ 250 Heartsaver & Healthcare Provider Cards $ 1,200 Sub-Total-Free Citizen CPR Classes $ 2,565 SUDer Sitter Course Backpacks (20) $ 200 Safety Notebooks (20) $ 80 T-Shirts $ 240 Memo Boards (20) $ 80 Sub- Total-Super Sitter Course $ 600 Halloween ODen House Printing of Invitations $ 780 Bleacher Rental $ 882 Candies for Children $ 400 Decorations $ 50 Bounce House $ 450 Refreshments & Paper Goods $ 300 Food $ 300 Clown $ 450 Bicycle Safety Gear $ 222 Garbage Bags $ 140 Garbage Cans $ 168 Fishing Game Supplies $ 150 Cakes (2) $ 250 Rental Costumes $ 400 Targets for Water Spray $ 75 Face Painting Supplies $ 50 Football Toss Supplies and Storage $ 150 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 57 2006-2007 Budget Final ~,---","----,,"~".-....,.,- ~ "" '".,--.-...--,. , 1. B 5 Ice $ 425 Sub-Total-Halloween Party $ 5,642 General Fire Safety Prevent Cooking Fire Brochures $ 150 College Fire Safety Brochures $ 150 Fire Extinguishers at Work Brochures $ 150 Emergency Evac, Brochures $ 150 Fire Safety on the Job Brochures $ 150 Fire Safety During Holidays Brochures $ 150 Fire Safety For People With Disabilities $ 150 Fire Extinguisher Brochures $ 250 Home Fire Prevention Checklists $ 200 Hotel Motel Fire Safety Brochures $ 250 Propane Cylinder Refills for FE Training $ 400 Fire Extinguishers for Training Device $ 540 FPW In a Box $ 377 Natural Disaster Brochures $ 150 Sub-Total-General Fire Safety $ 3,217 Professional DeyeloDment CERT Public Manager II $ 500 Florida Fire & Life Safety Ed. M/ship & Conf. $ 1,200 Florida Fire Chief's Public Ed. Section $ 100 Misc. CPR/CPS Class Inst. Fees, Certs. & M/ships $ 280 Sub-Total - Professional Development $ 2,080 Juvenile Firesetter Proaram Juvenile Firesetter Video $ 450 Educational Brochures $ 250 Sub- Total-Juvenile Firesetter Program $ 700 EXDlorer Post #2297 T-Shirts $ 300 Powerade and Coolers $ 300 Flag for Post $ 100 Collared Embroidered Shirts $ 250 Sub- Total-Explorers Post $ 950 Venturina Crew #2001 Supplies for Scout Show $ 150 Sub-Total -Venturing Crew $ 150 Fire Safety Trunks for Children Fire Safety Books $ 800 Fire Truck Puzzles $ 400 Puppet Materials for Stick Puppets $ 25 Bunker Jackets and Coats for Children $ 800 BJP/bp 7 -17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 58 2006-2007 Budget Final '\..,p Sub- Total-Fire Safety Trunks $ 2,025 Children's Fire Safety Proarams Personalized NNFD Red Plastic Helmets $ 7,800 Fire Safety Bracelets $ 650 Fire Safety Coloring Books $ 500 Dalmation Coloring Books $ 520 Fire Safety Stress Balls $ 344 Personalization of Stress Balls $ 50 Fire Safety Pencil Toppers $ 180 Misc. Supplies and Refreshments for Tours $ 200 Personalized Flashlights $ 200 Personalized Children's Badges $ 180 Personalized Pencils $ 300 Sub-Total - Children's Fire Safety $ 10,924 Bov Scout TrooD #2001 Eagle Scout Crystal Award $ 1,000 Banner for Parades $ 300 Sub- Total-Boy Scout Troop $ 1,300 06-07 Total $ 30,853 105-06 Total - $31,544 BJPlbp 7 -1 7 -06n -1 8-06/8-09-0618-17 -06/8- 24 -0619-05-0619-07 -06 59 2006-2007 Budget Final ~~ !:- 001-5220-049-003 VEHICLE FUEL & Oil-BUDGET LINE 99 This expense line reflects vehicle fuel and oil for all District apparatus and vehicles, Because of the fluctuation of gasoline and diesel prices, and the inability to accurately predict what those prices will be in the coming fiscal year, especially in light of the recent, significant increases, cost estimates for budgeting purposes have been made by factoring in a 10% use increase, plus a 40% cost per gallon increase based on a current cost per gallon of $3.00. DISTRICT VEHICLES 7 Engines 4 Aerials 2 Telesquirts 4 Brush Trucks 40 Staff Cars 2 Rescues 1 Reserve Engine 3 Boats 1 Antique Engine 1 ATV (Beach) 3 SRUs 06-07 Total $ 207,130 105-06 Total- $210,350 BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 60 2006-2007 Budget Final 5 001-5220-054-001 TRAlNING-OPERATIONS-BUDGET LINE 100 This budget line reflects the expenses for training for operations staff. The 2006-2007 Budget reflects a decrease of $35,700 or 37%. This decrease is due to the reclassification of travel expenses, Off -Site Trainina Florida State Fire College (40 Members) Public College/University Classes Specialty Training-Extrication (3 Mem, ) Specialty Training-Peer Fitness TIT (4 Mem.) Total-Off Site-Training $ $ $ $ $ 5,000 12,000 2,400 1,200 20,600 On-Site Trainina Instructor/Officer Development Outside Instructors Firefighter Development Total-On-Site Training $ $ $ $ 4,000 4,000 4,000 12,000 Fire Command Staff Dev. Unannounced Training Total-Command and Staff Dev. 06-07 Total $ 3,000 $ 3,000 $ 8,600 $ 2,000 $ 1,500 $ 500 $ 12,600 $ 1,500 $ 2,500 $ 3,000 $ 500 $ 2,000 $ 3,000 $ 12,500 $ 60,700 Trainina Division Development Promotional Testing Services Attendance FDIC-Training (4) Specialty Training Membership Fees-Int. Assoc. of Safety Officers Total Training Division Development EauiDment and Supplies Auto Extrication Supplies-Veh/Comp. Fees Training Program Software and Videos Training Tower/Flashover Sim. Maint. Professional Magazines Smoke Machine Supplies Training-Miscellaneous Total-Equipment and Supplies 105-06 Total - $96,400 BJPlbp 7-17 -06n-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 61 2006-2007 Budget Final 001-5220-054-002 TRAlNING-ADMINISTRATION-BUDGET LINE 101 The Training-Administration budget line provides funding for training of administra- tive employees and elected officials. The 2006-2007 budgeted cost reflects an increase of $12,700 or 28%. This increase is due to the additional number of management and administrative staff planned for the 2006-2007 fiscal year. Payroll Certification Conference (1 ) AP A Year End Seminar (1 ) HR Collier Monthly Seminars & Annual Cont. (1) Public College Courses Florida State Fire College Courses EMS Expo (3) NFPA Seminar (1) IAAI Convention (1) High Rise Seminar (2) Florida Fire Marshal's Association Conference (1) State Hurricane Conference (2) FICPA Conference (3) FDIC (3) National Fire Academy (6) S.E. Chief's Conference (3) Special Districts Assoc. (3) Florida Fire Chief's Annual Conf. (3) Community Affairs Meeting Int. Assoc. of Fire Chiefs (4) Maintenance and Specification Seminars (2) Reference Manuals and Outside Training (2) Professional Development - Administrative Assistants Unannounced Training (Commissioners) Gathering of Eagles (3) Klinkon (3) ACEP Am. Collerge Emerg. Phy. (3) EMS Training 06-07 Total 105-06 Total - $44,600 001-5220-054-003 BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 62 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 161 [] ') t...J 1 ,400 400 750 9,000 6,000 3,000 500 900 1,000 900 1,000 1,200 1,600 3,000 1,500 2,000 1,800 800 3,600 2,000 6,000 1,000 3,000 600 1,050 300 3,000 57,300 2006-2007 Budget Final TRAlNING-PREVENTION-BUDGET LINE 101 This budget line provides for the funding of the training of the Fire Prevention Bureau. The 2006-2007 budgeted amount reflects a decrease of $6,710, or 61% as compared to the 2005-2006 budgeted amount. This decrease is due to the correct assign of travel costs to the Travel & Per Diem budget, line #96. TraininG-Fire Prevention FL Fire Marshall Arson Inv. Seminar -5 Days(2 Attending) 4 Week Arson Investiation Series "I" (2 Attending) 4 Week Arson Investigation Series "II" (2 Attending) Unannounced Training Total-Fire Prevention TraininG-Fire Marshal IAAI Chapter - 5 Days (2 Attending) Total-Fire Marshal TraininG - Deoutv Chief of Life Safetv & Prevention IAAI Florida Chapter Florida Fire Marshals Florida Prevention Conference Unannounced Classes Total-Deputy Chief 06-07 Total 105-06 Total - $10,960 BJP/bp 7-17 -oon-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 63 $ $ $ $ $ $ $ $ $ $ $ $ $ 1 ';;;' 600 600 600 600 2,400 650 650 300 300 300 300 1,200 4,250 2006-2007 Budget Final ~" k, 001-5220-099-000 MISCELLANEOUS EXPENSE-BUDGET LINE 103 The Miscellaneous Expense budget line provides for expenses, often one-time in nature, which cannot be accurately categorized in another expense budget line. No increase is expected in the expenses for this budget line. 06-07 Total $ 105-06 Total - $30,000 BJP/bp 7-17 -06f7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 64 30,000 5 2006-2007 Budget Final 001-5220-054-000 SUBSCRIPTION AND DUES-BUDGET LINE 104 The District provides a variety of trade related and informational publications for staff, as identified below, These publications increase knowledge and contain information on new developments within the fire service. Also identified in this expense line are membership dues for Chief Officers and other employees, as well as the membership dues for the District for the Florida Assoc. of Special Districts and the annual dues to support the Fire Service Steering Committee. ITEM CC Fire Chief's Association (1) Naples Daily News-7 Stations Dept. of Com. Affairs-Special Districts Florida Public Personnel Association (District M/Ship) ISFSI Florida (Training) Florida Fire Chief Association (4) Int. Assoc. of Fire Chiefs (4) Florida Assoc. of Special Dist. Sam's Club Florida CERT Assoc. (1) American Payroll Association (1) SW Florida American Payroll Association (1) Society for Human Resource Management (1) Payroll Source American Professional Bookkeepers (3) HR Collier (1) Fire Service Steering Committee Firehouse Magazine- (Chief, St. 43 & 45) Fire Engineering Magazine (Chief) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 06-07 Total $ 105-06 Total- $9,195 BJP/bp 7-17 -06f7 -18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 65 fIB 50 1,470 250 125 225 300 500 4,000 175 15 300 165 145 150 150 250 800 90 35 9,195 2006-2007 Budget Final I 001-5220-054-001 PREVENTION-DUES AND SUBSCRIPTIONS-BUDGET LINE 105 Identified below are membership dues unique to the Fire Prevention Bureau. The 2006-2007 budget provision reflects an increase of $450 reflecting the increase in staff of the Fire Prevention Bureau. IAAI FL Chapter IAAI Collier County Fire Marshals Florida Fire Marshal & Inspector Assoc. International Fire Chief's Association Florida Fire Chief's Assoc, $ $ $ $ $ $ $ Total - 06-07 ITotal - 05-06 Total - $218 BJPlbp 7 -17 -06n-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 66 ~\.; 88 160 10 110 205 95 668 2006-2007 Budget Final i" .'*"-:,) 001-5220-099-007 PETe-BUDGET LINE 106 This expense line represents the District's portion of funding to maintain the Pre-Employment Testing Committee. Our estimated share is usually provided by written communication from the Committee. However, for the 2006-2007 budget, the District was verbally instructed to budget approximately the same amount as the prior year. Request has been made for written confirmation, but has not yet been received. A minimal increase has been provided to insure adequate funds will be available. 06-07 Total $ 105-06 Total - $2,000 001-5220-054-821 LEGAL ADVERTISEMENTS-BUDGET LINE 107 The District is required by Florida Statute to provide legal notice of meetings, workshops, and special meetings. The expense amount allocated represents the anticipated current year expense plus an additional 10%. 06-07 Total $ 105-06 Total- $7,200 2,500 8,250 ,:J 5 BJPlbp 7-17-06(7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 67 2006-2007 Budget Final " ....... ~ 1 B.' 001-5220-054-200 DIVE RESCUE TEAM-BUDGET LINE 108 The Dive Team consists of 27 members who respond to any and all situations involving water rescue, including vehicles in canals, drownings and recovery of evidence. Each member is a Dive Rescue I certified diver, and 3 members are Public Safety Scuba Instructors. DIVE TEAM EQUIPMENT Complete Snorkel Gear & Bags Interspiro MK II Masks (Full Face) (2) Rescue Manequin and Storage Bag MK II Mask Com Units (2) Gil Breathing Valve for MKlls 80 cu Alum. Tanks (2) Lift Bag Manifold & Reg. Annual Equipment Maintenance Attachment Straps Lift Bags E-Z Float 2000 Ib (2) Miscellaneous Equipment Total Dive Team Equipment DUES/MEMBERSHIPS Int. Assoc. Dive Resc. Sp. Yearly Membership (27) PSSI Ae-Certs Total Dive Dues/Memberships $ 5,500 $ 1,750 $ 670 $ 1,000 $ 600 $ 350 $ 525 $ 2,000 $ 750 $ 1 ,400 $ 1,610 $ 16,155 $ 500 $ 350 $ 850 DIVE TEAM TRAINING IADAS Conference (2 Attending) DR1 Trainer Certification (2 Attending) DEMA Conference - Orlando (2) FDIC (1 Attending) Total Dive Team Training $ 1,000 $ 2,000 $ 1,000 $ 400 $ 4,400 $ 21,405 06-07 Total los-06 Total- $15,943 BJPlbp 7-17 -06n -18-0618-09-0618-17-06/8-24-0619-05-0619-07-06 68 2006-2007 Budget Final '5 NOTE: Total Cost to Maintain Dive Time is as follows: Dive Budget $ 21 ,405 Dive - Capital $ 24,500 Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 7,500 Budgeted with Overtime $ 32,060 TOTAL COST TO MAINTAIN DIVE $ 91,705 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 69 2006-2007 Budget Final :"':~. 001-5220-054-005 FIRE PREVENTION MATERIALS & SUPPLIES-BUDGET LINE 109 The Fire Marshal annually submits a list of the anticipated requirements for fire prevention related materials and supplies, including key boxes, anemometers to test air flow, NFPA reference manuals, and basic operational supplies. ITEM 3.5" Floppy Disks 2HD 50 Pack $ 95 Packs of Film-35 MM - 100 $ 320 Film Developing-35 MM 100 $ 350 NFPA Reference Manual $ 50 NFPA 99/Health Care Facilities $ 50 Fire Pump Handbook $ 40 Key Boxes (240 at $38.25 Each) $ 9,180 (Key Boxes have Cost Recovery) National Fuel Gas Handbook $ 40 Street Map $ 100 Pitot Guage Replacement $ 375 Anemometers (Test Air Flo) $ 418 Fire Alarm Handbook $ 50 Q350 DB Meters $ 300 Arson Trailer Supplies $ 4,534 American Disabilities Act Set $ 82 06-07 Total $ 15,984 105-06 Total - $25,610 BJP/bp 7 -17 -06(7 -18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 70 2006-2007 Budget Final lbl 001-5220-054-008 HAZARDOUS MATERIALS TEAM-BUDGET LINE 110 The HazMat Team consists of 39 members, which include 3 Chief Officers, The team members are trained to deal with chemical spills, leaks and radiological emergencies, as well terrorism and weapons of mass destruction. The District's HazMat Team is one of twenty-three District Response Teams recognized by the Department of Community Affairs. HAZMAT EQUIPMENT Repair and Replace Communication Equipment $ 5,000 Sampling Equipment $ 2,500 Reploacement of Spill/Leak/Control Supplies $ 2,000 Multi Rae Plus Swap Program $ 1,500 Hazmat Suit Replacement $ 8,000 Replace Thermal Protection for Level A Suits $ 2,500 Rehab/Extended Operations Supplies $ 2,000 Miscellaneous Operational Aids $ 1,000 Research Materials $ 1,000 Total - Equipment $ 25,500 HAZMAT TRAINING Outside Training $ 13,000 Adjuncts-Simulated Incident Training $ 5,000 Total-Training $ 18,000 06-07 Total $ 43,500 105-06 Total - $39,500 NOTE: Total cost to maintain HazMat Team is as follows: HazMat Budget $ 43,500 HazMat Budget - Capital $ 15,000 Medical (Budgeted with Physicals) $ 6,000 Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 10,200 Budgeted with Overtime $ 77 ,557 TOTAL COST TO MAINTAIN HAZMAT TEAM $ 158,497 BJP/bp 7-17 -06n-1S-06/S-09-06/S-17-06/S-24-06/9-05-06/9-07 -06 71 2006-2007 Budget Final 001-5220-054-300 PRE-FIRE PLANNING-BUDGET LINE 111 1 JJ, '5 ,,,,. Estimated expenses for pre-fire planning are based on the average of expenditures for the last 4 years. 06-07 Total $ 105-06 Total - $1,000 BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 72 1,000 2006-2007 Budget Final 16\ 'i:'1 r~"~ iO 001-5220-054-009 TECHNICAL RESCUE TEAM-BUDGET LINE 112 The District's 30 member Technical Rescue Team is trained for confined space, structural collapse, trench collapse and high angle rescue operations. A new addition to the TRT Budget this year is provision for placing ten team members on the Region VI Urban Search and Rescue ("USAR") Team based in Lee County. By joining this team, the opportunities to serve our citizens state-wide will be expanded, and valuable experience will be gained. Also included is funding for additional rope rescue equipment to be placed on first responding apparatus to allow the engine first on sight to at least secure the safety of an individual until the TRT Team can arrive. HIGH ANGLE CONFINED SPACE 10 Rescue Gloves $ Remote Retrieval System $ 1000' CMC 1 II Flat Webbing $ 10 USAR Helmets $ 10 Rescue Goggles $ 10 Helmet Lights $ 10 Elbow Pads $ 10 Knee Pads $ 10 PPE Equipment Bags $ 36 UV Protection Hats $ 1/2" PMI Rescue Rope $ 4 Equipment Bags for Escape Packs $ 2 Adjustable Stretcher Bridle Kits $ 2 Tower Rescue Lanyards $ 2 Rescue/Retrieval Wristlets $ TRT Hardware (Replacement Hardware - Items Approaching T en Years of Service Life) $ Total-High Angle Confined Space $ 375 150 300 2,000 300 800 150 250 800 500 1,200 150 300 200 50 8,750 16,275 TRENCH/STRUCTURAL COLLAPSE Hand Tools $ Electric Rebar Cutter $ Lighting Upgrades $ Replacement Chipping Bits $ Petrogen Cutting Torch Attachment $ TRT Trailer Upgrades $ Replacement Hyraulic Hose-Ring Saw Unit $ Circular Saw w/Blades $ Framing Nail Gun $ 2 Robopack Battry Packs $ Glow Sticks $ Cordless Power Tool Kit $ 1,000 800 500 200 500 1,500 300 500 350 1,000 100 800 BJP/bp 7 -17 -06(7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 73 2006-2007 Budget Final ';~ .~. Electric Hot Sticks $ 200 Replacement Lumber $ 1,000 Compound Slide Saw w/Stand $ 900 Misc. Hardware $ 500 Total- Trench/Structural Collapse $ 10,150 TRT TRAINING Outside Training $ 10,000 FDIC (3 Members) $ 1,500 Adjuncts $ 1,500 Total-Training $ 13,000 USAR TEAM Annual Fee (10) $ 6,750 Annual Training Fee (10) $ 4,000 Annual Equipment Fee (10) $ 5,000 Total - USAR Team $ 15,750 06-07 Total $ 55,175 105-06 Total - $48,680 NOTE: Total cost to maintain TRT Team is as follows: TRT Budget TRT Budget - Capital Budgeted with Prof. Pay Budgeted with Bonus Budgeted with Overtime $ $ $ $ $ 55,175 3,600 6,240 8,400 75,809 TOTAL COST TO MAINTAIN TRT TEAM $ 149,224 Designated Reserve - District USAR Team Deployment $ 300,000 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 74 2006-2007 Budget Final ff"'" , 001-5220-054-100 BOAT TEAM-BUDGET LINE 113 The District's Boat Team consists of 16 boat operators, 13 of whom are Coast Guard certified boat captains. The Boat Team assists in water rescue operations. BJP/bp 7-17-06/7-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 75 2006-2007 Budget Final '16 I '1 B . NOTE: Total cost to maintain Boat Team is as follows: Boat Team Budget $ 17,150 Boat Team Budget - Capital $ 12,500 Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 4,500 Budgeted with Overtime $ 15,168 TOTAL COST TO MAINTAIN Boat Team $ 55,558 BJP/bp 7-17-0617-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 76 2006-2007 Budget Final 001-5220-054-007 CERT-BUDGET LINE 114 The District currently has 22 trained and equipped Community Emergency Response Teams (CERT) within the District comprised of over 350 concerned citizens. These team members receive special training to respond to and assist others during a storm, hurricane or other emergency event. The CERT education program consists of a 24 hour course presented over 8 weeks, free of charge. The expenses identified in this budget line are the materials, supplies and equipment required to continue training additional teams and support the existing teams. CERT Functions CERT Statewide Drill Entry Fee (2) $ 70 Miami-Dade Entry Fee (2) $ 40 Orlando Entry Fee (2) $ 60 Health Fair Entry Fee (1 ) $ 100 CERT Appreciation $ 1,050 Recognition Pins $ 158 Recogniation Awards $ 765 Sub- Total-CERT Functions $ 2,243 CERT SUDDlies and Refreshments Refreshments - all meetings/trainings $ 3,322 10 Cards $ 1,308 CERT T-Shirts $ 970 CERT Sweatshirts $ 323 CERT Long Sleeve Shirts $ 162 Ball Caps $ 405 CERT Bags $ 6,995 CERT Bag Equipment $ 2,222 Office Supplies $ 233 Miscellaneous Supplies $ 650 First Aid Kits $ 1,075 Sub-Total - Supplies and Refreshments $ 17,665 CERT Publications Central Florida CERT Assoc. Newsletter $ 15 Printing & Mailing Newsletters $ 1,400 Mailing CERT Information $ 777 Printing of CERT Books $ 1,500 CERT Website $ 550 Sub-Total - Publications $ 4,242 CERT Team Kits (3 Additional) BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 77 2006-2007 Budget Final Plastic Sheet Rolling $ 1,800 Roofing Nails $ 480 Back Board Straps $ 417 Misc. Small Tools $ 345 Rubbermaid Totes $ 60 Glow Sticks and Spray Paint $ 37 Banner Guards $ 30 Sub-Total - Team Kits $ 3,169 06-07 Total $ 27,319 105-06 Total - $28,795 001-522(H)54-6oo BUDGET LINE #114A - PEER FITNESS New Budget Line for 2006-2007 Small Equipment ACE Recertification Fees 06-07 Total 105-06 Total - $-~ BJP/bp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 78 $ $ 1,000 2,500 $ 3,500 5 2006-2007 Budget Final ~t~ 6 I ~ ~I j 001-5220-054-820 K-9 SEARCH AND RESCUE TEAM-BUDGET LINE 115 The District has Collier County's only active search and rescue canine team, which consists of Lieutenant Ryan Paige and McCloud. Lt. Paige and McCloud are state certified to find victims lost in the wilderness, on water or in disaster situations. Costs reflected in this budget line include veterinary fees for McCloud and out of District training. The 2006-2007 budgeted cost represents a decrease of $200 as compared to the amount provided in the 2005-2006. BJP/bp 7 -17 -0617-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 79 18 2006-2007 Budget Final 1: " 001-5220-054-013 HONOR GUARD - BUDGET LINE 116 The Honor Guard was established in 2003 through a joint effort of the District and Local 2297. The unit was established to function primarily in the event that a member of Local 2297 was killed in the line of duty. The Honor Guard has also attended many public events, such as station openings, parades, ceremonies and conferences. All current members are self trained. It is a completely voluntary program which has been self funded up until 2005-2006 The Honor Guard provides positive representation of the District, and therefore it is the desire to provide funding for training and other basic needs for this group. Honor Guard Trainina Academy - 1 Member Sub-Total - Training $ $ Conferences FDIC (2 Members) Fire Rescue East (2 Members) Sub-Total- Conferences $ $ $ Eauipment Flag Pole Assemby and Flag New District Flag and Set Up Funeral Bell Miscellaneous Funeral Equipment Sub-Total- Equipment $ $ $ $ $ 06-07 Total $ I 05-06 Total - $3,223 BJP/bp 7-17-06/7 -18-06/8-09-06/8.17 -06/8-24-06/9-05-06/9-07 -06 80 f I, 175 175 1,000 1,000 2,000 600 1,000 1,200 300 3,100 5,275 2006-2007 Budget Final )( .J, ' 001-5220-054-500 SERVING OUR SENIORS-BUDGET LINE 117 S.o.S. is a volunteer program which provides weekly grocery delivery to senior citizens who live independently but do not drive. This program is supported by more than 20 volunteers who reside in the District. Polo Shirts (7) Misc. Supplies $ $ 550 06-07 Total $ 105-06 Total- $538 CONTINGENCY-BUDGET LINE 118 This budget line is provided to cover excess expenditures from other budget lines during the course of the year. 06-07 Total $ 105-06 Total - $50,000 oo1-5220-09~003 LEASE PAYMENT - SHOP/MAINTENANCE FACILITY-BUDGET LINE 119 This lease payment represents the lease obligation for the shop/maintenance facility located at 6495 Taylor Road, for the first two months of the fiscal year. As of this date. the District is in the process of purchasing this facility. However, anticipated closing is not until October 2006 (or potentially later) so provision has been made for the lease payment for two months., 06-07 Total $ 105-06 Total - $64,800 BJP/bp 7-17 -06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 81 150 400 50,000 10,200 5 2006-2007 Budget Final , h I \.. ' 18 001-5220-072-000 INTEREST PAYMENT-ENGINE LEASE-BUDGET LINE 122 This interest payment represents the interest due on the annual lease payment for Engine #42 and is derived from the lease payment schedule. This lease will be paid in full in December of 2006. 06-07 Total $ 2,006 105-06 Total - $3,938 001-5220-072-001 INTEREST PAYMENT-LAND LOAN-BUDGET LINE 123 This interest payment represents the interest due on an existing loan for the purchase of land and is derived from the loan amortization schedule. The term of this loan is 5 years, and will be paid in full in November of 2009. Additionally, provision is made for interest payment on a line of credit, if necessary. 06-07 Total $ 52,876 105-06 Total - $30,553 BJP/bp 7 -17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 82 2006-2007 Budget Final '} '0 V d 001-5220-099-001 ENGINE LEASE PRINCIPAL PAYMENT - BUDGET LINE 120 The lease principal payment represents the principal portion of the annual lease payment on Engine #42, and is derived from the lease payment schedule. As stated above, this lease will be paid in full in December of 2006. Payment is made on an annual basis each December. There are two remaining payments due December 24, 2005 and December 24, 2006. 06-07 Total $ 52,780 105-06 Total - $50,848 1$ 50,848 001-5220-099-002 LAND LOAN - PRINCIPAL PAYMENT - BUDGET LINE 122 The loan principal payments represents the principal portion of the annual payment on the loan for the purchase of property. Payments on this loan are made monthly, and as stated above, payment in full will be made in November of 2009. 06-07 Total $ 52,070 105-06 Total - $47,949 BJP/bp 7-17-0617-18-06/8-09-06/8-17-06/8.24-06/9-05-06/9-07-06 83 2006-2007 Budget Final 5 001-5220-062-000 CAPITAL PURCHASES-STATION IMPROVEMENTS-BUDGET LINE 124 This budget line reflects expenditures for all of the District's stations which meet the criteria of a fixed asset (cost of $1 ,000 or more, and a life expectancy of more than one year). Station #40 Treadmill $ 1,500 AlC Duct, Fire Sprinkler & Alarm Renovations $ 60,000 Impact Mats - Exercise Room $ 2,000 Replace Concrete $ 144,200 Total-Station #40 $ 207,700 Station #42 Concrete Replacement $ 5,000 Hurricane Wind Screen $ 12,000 Screen in Grill Area $ 1,250 Total- Station #42 $ 18,250 Station #43 Total-Station #43 $ Station #44 Basketball Backboard and Stand $ 1,000 Precor Eliptical Trainer $ 4,500 Enclose Bunker Gear Room $ 1,000 Ice Machine $ 3,000 Total-Station #44 $ 9,500 Station #45 Enclose Bunker Gear Room $ 3,000 Total - Station #45 $ 3,000 Station #46 Weight Machine $ 1,500 Eliptical Trainer $ 2,000 Total- Station #46 $ 3,500 Station #47 Bunker Gear Lockers $ 5,000 Total-Station #47 $ 5,000 BJPlbp 7-17 -0617-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 84 2006-2007 Budget Final ShoD/Warehouse Renovations to 6459 Taylor Road Building Exhaust System Total- Shop TOTAL CAPITAL PURCHASES-ALL FACILITIES 06-07 105-06 Total - $439,000 BJP/bp 7-17-06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 85 ''t h, \ $ $ $ $ 1\3 200,000 26,000 226,000 472,950 2006-2007 Budget Final 001-5220-064-001 16 5 CAPITAL PURCHASES-FIRE EQUIPMENT-BUDGET LINE 125 Purchases of capital fire equipment for the 2006-2007 year include 2 thermal imaging cameras (one replacement, one new), wireless radio headsets, an electric extrication tool, and other fire equipment with a purchase price of $1,000 or more. The 2006-2007 budgeted amount reflects an increase of $13,300 or 10%, over the amount provided in the 2005-2006 budget. This increase is due to the anticipated cost increases and the additional apparatus purchased by the District now in service. ITEM Thermal Imaging Cameras (2 - 1 Replacement, 1 New) Cutters Edge Chain Saw 1 K-12 Circular Saw Replacement Intake Valves 2 Positive Pressure Fans Replacement Fire Hose Photo Ionization Monitors (3) Generator - BC40 Radio Headsets for Officers (Wireless) Air Packs Electric Extrication Tool 1 Set Car Stabilizatioin Extraction Kit Air Bags (Replacements) Petro Torch (2) 06-07 Total 105-06 Total- $127,200 BJPlbp 7-17-0617-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9.07-06 86 $ 1 3,400 $ 1,700 $ 1,500 $ 5,000 $ 4,000 $ 18,000 $ 10,500 $ 4,000 $ 20,000 $ 30,000 $ 17,000 $ 2,200 $ 10,000 $ 3,200 $ 140,500 2006-2007 Budget Final 001-5220-064-011 CAPITAL PURCHASES-PROTECTIVE GEAR-BUDGET LINE 126 This budget line reflects a decrease of $5 ,000 or 7% as compared to the expense budgeted in the 2005-2006 budget. This is due to the 2005-2006 purchase of an extractor (washer for bunker gear). No such equipment purchase is necessary for the 2006-2007 year. Bunker Gear Dryer Bunker Gear - Replacement (45 Sets) $ $ 5,000 60,000 06-07 Total $ 105-06 Total - $70,000 BJPlbp 7 -17 -0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 87 '1 B 65,000 2006-2007 Budget Final ,..;t.,.. ,-.' 001-5220-064-002 CAPITAL PURCHASES - MEDICAL EQUIPMENT-BUDGET LINE 127 CPAP (4 Units) Audicor SIMBaby Pediatric Mannequin Inventory Bar Code Scanner Auto Pulse Machines (2) Medical Transport Unit $ $ $ $ $ 4,000 7,000 25,000 2,000 30,570 06-07 Total $ 68,570 105-06 Total- $181,548 001-5220-064-009 CAPITAL PURCHASES- COMMUNICATION EQUIPMENT-BUDGET LINE 128 06-07 Total $ 12,000 $ 3,800 $ 6,000 $ 9,500 $ 6,000 $ 37,300 800 MHZ LPE Portable Radios (3) VHF Portable Radios (3) VHF Mobile Radios (3) 2800 MGH Mobile Radios 1 David Clark System (Communication System-P43) 105-06 Total- $35,600 001-5220-064-013 CAPITAL PURCHASES-OFFICE EQUIPMENT-BUDGET LINE 129 The 2006-2007 budget reflects a decrease of $11,835, or 44% as compared to the prior year. This decrease is a result of the budetary provision in the prior fiscal year for bar code scanning hardware and multiple scanners. No such provision is required in the 2006-2007 fiscal year. Miscellaneous Equipment Audio System Upgrade-Microphones 06-07 Total $ $ $ 10,000 5,000 15,000 105-06 Total- $26,835 BJP/bp 7-17-0617-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07 -06 88 2006-2007 Budget Final t; 001-5220-064-010 CAPITAL PURCHASES-COMPUTERS-BUDGET LINE 130 This budget line provides for the purchase of 20 replacement computer workstations, the replacement of 1 server and the purchase of a new server for personnel software, the purchase of a laptop to run the Pierce software for the shop, and a the purchase of a laptop for the finance department. The 2006-2007 budget line reflects a decrease of $28,300 or 33% as compared to the prior year's budget. This decrease is due to the cost of the particular items required for this fiscal year. 20 Workstations 2 Workstations - New Employees Laptop for Shop - Pierce Software Laptop for Finance Laptop for PEO Public Presentations Laptop for PIO Misc. Hardware Server Replacement - Terminal Server 06-07 Total $ $ $ $ $ $ $ $ $ 105-06 Total - $84,000 BJPlbp 7 -17-06/7 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 89 34,000 3,000 1,200 2,500 2,500 2,500 5,000 5,000 55,700 2006-2007 Budget Final 001-5220-064-006 CAPITAL PURCHASES-TRT EQUIPMENT - BUDGET LINE 131 The Capital Purchases- TRT Equipment budget line for the 2006-2007 fiscal year reflects a decrease of $12,200, or 77% , as compared to the 2005-2006 budgeted amount. The equipment identified below is cutting and boring equipment. Statistics indicate that the vast majority of viable victims in a building collapse have been found in the first few minutes and hours following the structural collapse. The equipment listed below will allow team members to get to victims in a safer, quicker fashion. Removable Wench Assembly AJAX Air Chisel Kit $ $ 2,000 1,600 06-07 Total $ 105-06 Total - $15,800 001-5220-064- CAPITAL PURCHASES. FIRE PREVENTION - BUDGET LINE #132 Panasonic Desktop Port Replicator Arson Trailer $ $ 1,560 3,000 06-07 Total $ 105-06 Total - s-o- BJP/bp 7-17-0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 90 1 B 5 3,600 4,560 2006-2007 Budget Final 001-5220-064-018 0) ~~ '~ CAPITAL PURCHASES - LAND - BUDGET LINE #133 The 2006-2007 budget contains provision for the purchase of the shop/maintenance facility, including office space for prevention, which sale is currently pending. 06-07 Total $ 05-06 Total - $-0- BJP/bp 7-17-06/7-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 91 2006-2007 Budget Final 803,200 _..~ 161 001-5220-064-016 CAPITAL PURCHASES - BOAT TEAM - BUDGET LINE 134 The 2006-2007 budget for capital purchases for the Boat Team consists of the purchase of a replacement inflatable boat. The amount provided in the 2006-2007 budget represents a decrease of $147,850, or 92%, as compared to the prior year budget. This is due to the provision for the purchase of a replacement boat in the 2005-2006 budget. Replacement of Inflatable Boat $ $ 06-07 Total 105-06 Total- $160,350 001-5220-064-008 CAPITAL PURCHASES - TRAINING EQUIPMENT;'BUDGET LINE 135 The Capital Training Equipment budget line for the 2006-2007 reflects a decrease of $22,500 or 39%. The storage shed purchase was provided for in the 2005-2006 budget, but the purchase was not made. Therefore, the provision is included in the 2006-2007 budget. Power Jam Door Extrication Prop Replacement Smoke Machine for Training Tower Laptop Computers for Employee Training Storage Shed 06-07 Total $ $ $ $ $ 105-06 Total - $57,500 BJP/bp 7-17-0617-18-06/8-09-06/8-17-06/8-24-06/9-05-06/9-07-06 92 IB 12,500 12,500 7,000 10,000 10,000 8,000 35,000 2006-2007 Budget Final 001-5220-064-021 CAPITAL PURCHASES - COMPUTERS IN APPARATUS-BUDGET LINE 136 The 2006-2007 budgeted amount for the computers in appratus program reflects a decrease of $9,000 or 3% as compared to the 2005-2006 budgeted amount. This decrease is due to the fact that most of the fixed assets required for this program have been purchased in prior fiscal years. Apparatus Computers (Inc. Installation, Licenses Wireless) for: Captain in Training 06-07 Total $ $ 105-06 Total - $30,000 001-5220-064-020 CAPITAL PURCHASES - CERT - BUDGET LINE 137 VHF Motorola 16 Channel Radio (2) $ 3,000 06-07 Total $ 105-06 Total - $3,000 BJP/bp 7-17 -06n -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 93 5 5,500 5,500 3,000 2006-2007 Budget Final I 1 8 001-5220-064-004 CAPITAL PURCHASES - VEHICLES-BUDGET LINE 138 The vehicles to be replaced in the 2006-2007 fiscal year are indentified in the District's Five Year Plan as follows: Inspectors 41 (1997 Ranger Pickup) and 44 (1994 Crown Vic) and Support 49 (1998 Explorer) for a total of 4 replacement vehicles. Provision is also made for the purchase of a vehicle for an EMS Coordinator, a new position, and a new ATV and trailer for the Beach Patrol. Replacement Vehicles: 2 Inspector Vehicles (F150 Trucks) 1 Support Vehicles (F150 Truck) 1 EMS Response Vehicle (Expedition) $ $ $ $ 44,000 22,000 29,000 95,000 New Vehicles: ATV and Trailer for Beach Patrol EMS Coordinator (F150 Truck) $ $ $ 10,000 22,000 32,000 Vehicle Purchases from Other Funds: 1 Assistant Chief (New Position) 2 Inspector Vehicles (New Positions) 2 Inspector Vehicles (F150 Trucks) Impact Fee Fund Impact Fee Fund Inspection Fee Fund Total Vehicle Purchases 06-07 (General Fund) $ Cost includes Ii ht bars and sirens 05-06 Total- $143,717 127,000 BJP/bp 7-17-0617-18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 94 2006-2007 Budget Final 4i -'i: 'V.....; U .. . ' ...'. , ',,1 Ij I: fl ~.J !;i;;.} 001-5220-064-019 CAPITAL PURCHASES - SHOP EQUIPMENT-BUDGET LINE 139 A/C Recovery & Recycle System Transmission Scan Tool Glue Gun Injection Flush System 06-07 Total $ $ $ $ $ 3,000 10,000 1,000 1,300 15,300 105-06 Total- $15,000 001-5220-064-022 CAPITAL PURCHASES - LOGISTlCS/WAREHOUSE 001-5220-064-015 New Budget Line for 2006-2007 Inverter for Emergency Generator $ 3,000 06-07 Total $ 3,000 CAPITAL PURCHASES-HAZMAT TEAM-BUDGET LINE 140 Search Systems Entry Link Camera $ 15,000 06-07 Total $ 15,000 105-06 Total - $4,000 BJP/bp 7 -17 -0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07 -06 95 2006-2007 Budget Final i 1 B5 001-5220-064-007 CAPITAL PURCHASES - DIVE TEAM - BUDGET LINE 142 Contained within the provisions for capital purchases for the Dive Team is funding for the purchase of 7 dry suits to ensure the safety of our divers by supplying them with individual suits. These suits are needed due to the diversity of the team members and the identified need to ensure proper fit for the divers to protect them from the diving environment. This reflects the second year purchases of a three year plan to purchase dry suits for all members of the dive team. Viking Pro 1000 Magnum Dry Suites x 7 $ 13,195 06-07 Total $ 13,195 105-06 Total- $n,800 001-5220-064-022 CAPITAL PURCHASES-PEO-BUDGET LINE 142A Fire Extinguisher Training Device 06-07 Total $ $ 5,000 5,000 BJP/bp 7 -17-0617 -18-06/8-09-06/8-17 -06/8-24-06/9-05-06/9-07-06 96 2006-2007 Budget Final -"1 l! , 18 IMPACT FEE FUND Chapter 99-450, the District's codified enabling act, Article VI, Section 8 establishes the Board of Fire Commissioners' right to assess impact fees. Pursuant to Florida law, an impact fee must comply with the "dual rational nexus" test which requires "a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population generated by the subdivision." Additionally, there must be a reasonable connection between the expenditure of the funds and the benefits to those paying the fee. Impact fees must be designated and segregated for the purchase or construction of capital assets (that is, items costing more than $1,000 and having a life of more than one year) required due to growth of the District. Costs to maintain, staff or replace a facility or piece of equipment may not be funded by impact fees. The Board of Fire Commissioners establishes the impact fee rate schedule each year by resolution when adopting the annual budget for the fund. Since the inception of impact fee collection in the District in 1990, the impact fees rates have remained static at $.15 per square foot for residential structures and $.30 per square foot for commercial structures. Since these rates are not related to the value of the property, no increase has been realized by the District, even for cost of living, over the last 16 years. In January of 2006, the District, along with the other independent fire districts in Collier County, received a study on impact fee rates prepared by an independent consultant. Contained within that study is the recommendation for the District to increase the impact fee rates to $.28 per square foot for residential structures and $.99 per square foot for commercial structures. Due to the continued increases in the cost of land and construction to build stations to provide service to the new growth in the District, it is essential that the impact fee rates be increased to be able to fund the required infrastructure necessary to serve the projected growth in the District. Therefore, the 2006-2007 budgeted impact fees reflect the recommended increase in rates. (See Appendix, Attachments 7 and 8.) The purchases identified within the 2006-2007 Impact Fee Fund Budget are in accordance with the District's newly revised Five Year Plan. These include land for a station located on Oaks and Vanderbilt, thirty percent of the cost for the shop/maintenance facility and fire prevention office space, both currently under contract, as well as debt service for the pOSSible purchase of land for Station 411 (Wiggins Pass area). Also included are capital purchases, including vehicles and computer equipment, for the new positions required due to growth, contained within the 2006-2007 General Fund Budget. BJP/bp 8-25-06/9-02-06/9-07-06 06-07 Final ""', , ", , It is the Board's practice to receive a written, legal opinion from the District's legal counsel as to the appropriateness of the use of impact fees, and if so, to what extent, for a purchase prior to a purchase being made. All budgeted Impact Fee purchases have been discussed with the District's special legal counsel for impact fee matters. Where only a percentage of impact fees are designated as used for the purchase of an item, the percentage is based on preliminary discussions with legal counsel. BJP/bp 8-25-06/9-02-06/9-07-06 2 06-07 Final NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT IMPACT FEE FUND BUDGET - 2006-2007 Impact Fees Computed at $.28/SF Res. And $.99/SF INCOME Com. 1 Impact Fees $ 2,556,135 2 Proceeds from Sale of Land $ 275,000 3 Interest $ 12,000 TOTAL INCOME $ 2,843,135 EXPENSES 4 Purchase of Land - Oaks Blvd. $ 1,000,000 5 Purchase of Shop/Maint. Facility (30%) and $ 922,800 Renovations thereto 6 Protective Gear - 3 New FF, 1 EMS Coord. $ 19,500 1 Asst. Chief (2 Sets Each) 2 New Insp. (1 Set Each) 7 Office Equipment-1 New Asst. Ch., 1 EMS $ 50,000 Coordinator, 2 New Inspectors 8 Emergency Traffic Device - St. #42 $ 160,000 9 Collection Fees (1.5%) $ 38,342 10 New Vehicles-1 New Asst. Chief, 2 New $ 82,000 Inspectors (Includes Radios, Sirens, Light Bars) 11 Debt Service - St. 411 (Wiggins Pass) Land $ 350,000 ($250,000 Down Payment & Interest & Principal Payments) 12 Station 48-Engineering/Architect Fees $ 250,000 Total Expenses $ 2,872,642 Fund Balance (Deferred Revenue) at 9- 30-06 (Estimated) $ 69,673 Income - 9-30-07 $ 2,843,135 Expenses 9-30-07 $ (2,872,642) Fund Balance (Deferred Revenue) at 9- 30-07 $ 40,166 5 06-07 Final BJP/bp 8-25-06/9-04-06/9-07-06 161 "1 n "1,, U -...., .~ Inspection Fee Fund In February of 2003, the Board of Fire Commissioners established the Inspection Fee Fund by Resolution 03-001. This fund was created in compliance with Collier County Resolution 01-313, dated July 31, 2001. Collier County Resolution 01-313 requires that all fees received from fire inspections on newly constructed structures be designated and allocated for the sole purpose of funding construction inspections, including training and equipment relating to the field of construction inspections. Collier County collects these inspection fees for all of the independent fire districts and distributes them on a monthly basis to the East Naples Fire Control and Rescue District, the designated administrator of the inspection fees. The administrating district then distributes these fees, less a 1 % administrative fee, to each district. Upon the creation of this fund, the Fire Marshal identified those employees within the Fire Prevention Bureau whose job responsibilities were identified as new construction related, and what percentage of that employee's time was so dedicated. Currently, there are five Fire Inspectors who are completely dedicated to new construction inspections (that is, 100% of their wages and benefits are chargeable to the Inspection Fee Fund), one Fire Inspector who has equal responsibilities for new and existing construction inspections (50% of wages and benefits are chargeable to the Inspection Fee Fund), 75% of the Fire Marshal's and 70% of the administrative assistants wages and benefits are also charged to the Inspection Fee Fund. Additionally, the Deputy Chief of Life Safety and Prevention also provided a percentage of operating costs for the Fire Prevention Bureau which are allocated to this Fund. Contained within the 2006-2007 Inspection Fee Fund Budget are provisions for capital purchases, including 50% of the cost for the purchase of the office space to be utilized by the Fire Prevention Bureau, and the purchase of two vehicles for inspectors dedicated to new construction inspections. BJP/bp 8-25-06/9-02-06/9-07-06 1 06-07 Final .. /{:>7 NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT INSPECTION FEE FUND 2006-2007 BUDGET INCOME 1 Inspection Fees $ 800,000 1 2 Interest $ 15,000 2 Total Income $ 815,000 Personnel Exoenses 3 Salaries $ 520,650 3 4 Professional Pay $ 4,200 4 5 Overtime $ 30,000 5 6 Sick Leave Pay $ 16,091 6 7 Social Security $ 44,186 7 8 Retirement - FRS $ 33,587 8 9 Retirement - 175 $ 33,586 9 10 Disability Insurance $ 5,150 10 11 Worker's Compensation $ 75,271 11 12 Life/Health Insurance $ 94,731 12 13 Employee Physicals $ 1,500 13 Total Personnel Expenses $ 858,952 Ooeratina Exoenses 14 Telephone (inc. cell and pager) $ 17,125 14 15 Utilities $ 10,000 15 16 Office Supplies/ Equipment $ 4,142 16 17 Uniforms $ 1,800 17 18 Dues & Subscriptions $ 572 18 19 Fire Prevention Materials $ 6,179 19 20 Training $ 4,000 20 Total Operating Expenses $ 43,818 CaDital Purchases 21 Office Facility - Prevention (50%) $ 264,000 21 and Renovations Thereto 22 Vehicles - New Inspectors $ 44,000 22 Total Capital Purchases $ 308,000 TOTAL EXPENSES $ 1,210,770 NET INCOME $ (395,770) FUND BALANCE 9-30-06 (Est.) $ 499,000 FUND BALANCE 9-30-07 $ 103,230 BJP/bp 8-25-06/9-02-06/9-07-06 -? 5 06-07 Final (:~ I 18 EXPENSE DETAIL - INSPECTION FEE FUND BUDGET 2006-2007 Percentage of Wages Salary Professional Pay Charged to Charged to Charged to Total Wages Charged Inspection Inspection Inspection Fee to Inspection Fee Employee Fee Fund Fee fund Fund Fund Raub, David 75% 76,223.39 1,800.00 78,023.39 Baer, Donald 100% 81,758.55 2,400.00 84,158.55 Sparkman, John 100% 78,050.00 78,050.00 Seekell, James A. 100% 63,402.12 63,402.12 Fey, Dale 50% 63,402.12 63,402.12 Riqqall, Todd 100% 59,524.25 59,524.25 Meyer, Danny 70% 28,702.65 28,702.65 Coffey, Angela S. 70% 30,275.47 30,275.47 Welsch, Denise A. 32,693.63 32,693.63 520,650.00 4,200.00 524,850.00 Detail Provided for the Following Expense Lines Per Appendix Attachments as Follows: BudQet Line No. 5 - Sick Leave Pay 11-Life/Health Ins. Attachment No. 5 See Page 23-General Fund Budget BJ P Ibp 8-25-06/9-02-06/9-07 -06 06-07 Final . '." " '. ';.\t,nh ~~I,"I)fT.~"V"'16.' Alatr~ent 1 . ~~~: ;c. < "pi"' I. .,.,;~ r- '" ;'" ". 0" ". ',", r. .,--,." '-1'\ ' !:!!'.,.~_ _ ~~ r._ 1. .6:","'1. f;....'~~...~ --=---:r-~',~,~~ } ,'~ '!1"'U' (Nameon~.AlJthc:IriW) .. N'fJ. ~ -' ~ ,~.'~"~ ,',:",";\ .:.:-,:" '- -Jj'It~1 t:._:,,::-,_,-~:-:,'_"_'~'_' '~7~'5.-:, 8c:~-,6~-.;' ~4.~j J.) O.O-Ei , ' ::,{S&" 667;.; ,7:<;'':; (2) ;1-0,:.;2 J ':?~43 71{5l 7J~,~~~ I,. .S_7C1. 42 :~,. 'J 7. i :~l J, . ~:;;_6Ci i~ 5 ~?'\'? ,.'..,...._'.:'".ii.l'-'.';:...,f:.'..,~' :r..;...~..;~.; . .artdMS-11l..~.'.'f.m_Uae'(.tiIrn.~;...DFMao) '. .... ..... .. '. ,.. ......, ";~., ......:.;'> >. ,...... ... '.., ......<,. ,....' . ..' '.' (17)T<XaIPrk!rY&atPt~.~.+{t~l .'. .' ...j (18)The,Cu~ y..,_....f~~~~.:.(1~;~i~t~. ,._,,_._,_'_._,.,' " '.__ '.".. '''_- - :":', '__ ,I:,: ' . _.',"" _- -j- '. (19) currentYoear~.'JJ6""f~~:'OO'i(1~: '. .' (20). Enterr~.of.n~~V.~,Tax8$p~S$C;J to.~~yth$'Principa' T8xif;lO~,,,~pel'ldel'1t..~,_M$JU'$ifal'tY; :Ljoe(11)x 'Ljne(4) ~l~~~==~~~~~~ [fLine21~~,~tiNt;18)'~tool~1()() .. . ..' :', ". : ' " ____;'., " : _ _ ~ :, _ _ __ . ' _: _ .- ." L .>I;. Date, TimeandPlaceQf.JI$,ttf'~Bu,. .",)ittter~ng: , - - ',~' . ' $ ell ,q3t.;4i..O~ , .' J... ' .. '.' " $ . . . .3S(t!o/i<Ptt$1.000 : ~~:~~\5Jd3.~,~' $ I.Q{J % . -. - -, . . __' " -' :- - , n. " _, _ _ '~ _ _ _ _ _"-"" . .' . -' _ . :,. '. _, '_. _ , '_", . -,. _: Idohereby certify.:thEtmillagesahd 'aitessnown f.ter~n tbeoorrecfto ". ..~ohny tc~eandbelief.FURTHEA, 1 certifythaf all milla.Q8S. . .CO.' ~qtY. With. th...eP"OVlsiOOS ot Section 200. .01101'. 200. ;08... 1 ,F..S: W.... '.ITt4f:SS mY hand. and 'oflici. .' 'a!signature. at ..>AlI.;i-'~S; . _ ,Florida, this th& /il#" day of A I~' 'I . < ,20JtlL r;;":>;.,:'f ~A"~ ~:~ . .. '188 S'V,..ft..I.~,' PJL1t4. 1> { I ..J6 "gnB:lurfofCh~~stri... .... ~ofPhysicaU.~tiOn'" Ito.r. '.' .... VI._f'~/# i1~ 'PJ,~k..~t>6~ ('h.~;,f':lJh~C.~J O(~u/ Mailing Address 'Nameof~ p. .) '. ~'b--~)lL.b J f'L ..34 J {j9~':}f ...59? 3 ~ ~ J. .JJ9... 69 '7" 7')'[1;' t;ty .. State Zip P one N . ..... . . Fax # See Instructions on Reverse Side, ~ 1 ') 115-5220-051-000 BUDGET LINE #16 - OFFICE SUPPLIES/EQUIPMENT The Deputy Chief of Life Safety and Prevention provides a list of supplies and non-capital office equipment that will be required for the fiscal year. The 2006-2007 budgeted cost reflects a minor decrease. Digital Camera File Cabinets Printer Cartridges - Laptops Miscellaneous Supplies Total - 06-07 $ $ $ $ $ 750 500 2,736 156 4,142 Is Total 05-06 I 4,190 115-5220-052-000 BUDGET LINE #17 - UNIFORMS Pursuant to the terms of the Collective Bargaining Agreement, both shift and 40 hour personnel are provided with uniforms paid in full by the District. The expense budgeted for 2006-2007 reflects no change in the amount provided in the prior year's budget based on actual expenditures. Total - 06-07 $ Is Total 05-06 I 1,800 1,800 115-5220-053-000 BUDGET LINE #18 - DUES AND SUBSCRIPTIONS This budget line provides funding for professional and educational publications and dues for the Fire Marshal and Inspectors, relating to new construction inspections. There is only a minimal increase over the prior year's expense. ICC/Governmental Deparment (1 co $ NFPA (1 Subscription) $ Florida Fire Marshal & Insp. Assoc $ Florida Fire Sprinkler Assn. $ Total - 06--07 $ BJP/bp 8-25-06/9-02-06/9-07-06 180 150 220 22 572 Is Total 05-06 I 337 2 06-07 Final II"~I; I w""'\ ~.., V In f' ...~.~ y) . ,....J 115-5220-054-000 BUDGET LINE #19-FIRE PREVo SUPPLIES/MATERIALS The items identified below have been designated by the Deputy Chief of Life Safety and Prevention as required for the coming fiscal year. The 2006-2007 budgeted cost reflects a decrease of $16,920 or 136%. This decrease is due to the inclusion in the 2005-2006 budget of One Step Software. No such provision is required for the 2006-2007 fiscal year, Pitot Gauge Replacement (3) $ 375 Hydrant Wrench $ 150 Anemometers (Test Air Flow)(2) $ 418 Floppy Disks $ 95 Flashlights $ 80 FLA Uniform Bldg. Code-Book $ 450 FLA Uniform Bldg. Code-CD $ 1,850 NFPA Reference Manual $ 55 FI. Building Codes $ 250 OSHA Construction Book $ 130 Sprinkler Handbook $ 120 Fire Pump Handbook $ 45 Fire Alarm Handbook $ 51 National Fuel Gas Handbook $ 40 NFPA 921 2004 Edition $ 45 Maintenance-One Step $ 2,025 Total - 05-06 Total - 06-07 $ 6,179 $ 23,099 BJP/bp 8-25-06/9-02-06/9-07-06 3 06-07 Final 115-5220-054-001 5 BUDGET LINE #20 - TRAINING The training reflected below is provided to the Fire Marshall and Inspectors and is applicable to inspections of new structures. This budget line reflects a decrease of $2,300, or 23%. Florida Fire Insp. 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Based on data obtained from the American Housing Survey and National Personal Transportation Survey, it is apparent that beyond a certain square footage, the number of people in a residential unit begins to taper off. Although larger structures may be more likely to catch on fire, their possibility of using EMS services does not increase proportionately. Given that the District provides both fire rescue and EMS services, to provide a conservative estimate, the fee for residential uses should be capped at 4,000 square feet per dwelling unit. This square footage was determined based on a review of the data from the sources indicated above, as well as discussions with County representatives. With this cap, the highest fee charged for a residential dwelling unit will be $1,120 ($0.28 x 4,000), A cap for non-residential land uses is not needed because as the size of these uses increases, the number of people at these uses (e.g., offices, malls, other retail, etc.) continues to increase. 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N N N N CV (I) N N N C) Q) CV CV CV CV CJ I I I I E "C I I I f! ->. 32 0:: E () 0:: E C) E () 0:: E CV N M '''It II) N M '''It "C I ;::R ~ I: ~ ;::R c. 0 0 0 0 .. I/) 0 0 0 Q) ~ (j) C .. 0 0 .. .- .... 0 0 .. E 0 0 0 0 I/) (I) 0 0 0 > .... Q) 0 I/) co N I/) I/) I/) co N I/) - N N N N W ~ N N N <( rn 0:: Z W N I"- W ~ W N I"- W to o N o m <D o ..;, N ro C- ..0 a: -, co 16' Ie 1 J:.? /j,.,..... . 1lf::.'-l) <::;o~-y <::;Oun:ty - .,..- Memorandum From: Ekna Guevara Fiala Halas Henning Coyle Coletta ,_ v v/~ v. V / ../ To: Sue Filson Date: September 7, 2006 Subject: Immokalee committees meeting minutes and agendas Good Afternoon Sue, I have included the agenda and minutes for the meetings we have held this past month to date with the "Immokalee Plan and Visioning Committee". Also, included is a copy of the agendas and minutes for the "Immokalee Community Redevelopment and Advisory Committee" whom are one in the same with the "Enterprise Zone Development Agency", Both committees meet jointly once a month, I will be sure to continue forward this information after every meeting, Please let me know if I can do anything else to help. Mise, Cones: Da8:~ ltem#:~ Copies to: 161 Ie 1 August 16, 2006 Career and Service Center of Collier County- Immoka1ee 750 South 5th Street Immokalee, FL 34142 8:30 a.m. AGENDA Joint Meeting Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee A. Call to Order B. Roll Call C. Adoption of Ae:enda ACTION ITEM D. Adoption of Minutes of the July 19,2006, Joint Meeting (Ene. #1) ACTION ITEM E. Communications F. Old Business 1. Status of Collier County/RMPK Group Contract (Ene. #2) 2. Update on "Economic Feasibility Report" status (Ene. #3) G. New Business 1. New Construction Projects in the Immokalee Area . Serenoa . Business Park (East side of SR 29 North of Lake Trafford Road) (Ene. #4) . SR 29 Bypass Project . Miscellaneous 2. Rick Dardas of Kent Technologies to discuss fiber optics system for the Immokalee Area (30 minutes) INFORMATION H. Citizen Comments 1. Discussion of Activity of the Sub-Committees of the IMPVC: . Business and Industrial . Human Services and Supports . Recreation and Tourism NFORMA TION INFORMATION INFORMATION NFORMA TION INFORMATION I. Next Joint Meetine: Date (September 20 at 8:30am) J. Adjournment ACTION ITEM ACTION ITEM AGENDA Enterprise Zone Development Agency (EZDA) A. Call to Order B. Roll Call C. Adoption of Ae:enda ACTION ITEM D. Adoption of Minutes from the July 19, 2006, Meeting (see Ene. 1) ACTION ITEM E. Communications F. Old Business 1. Update on Recommendation to the CRA to Appoint Two Members to the Enterprise Zone Development Agency INFORMATION 2. Programs and Incentives Available for Business Development in Immokalee (Ene. 5) INFORMATION G. New Business 1. Enterprise Zone Development Agency Handbook (handout) (EZDA and Staff) 2. Review of Incentives and business development procedures (EZDA and EDC) 3. Review of EZDA Goals for Enterprise Zone 1101 and Dis- cussion of EZDA Work Program for Fiscal Year 2006-2007 (EZDA and Staff) Citizen Comments Next Meetine: (September 20 at 8:30am) Adiournment H. I. J. AGENDA Immokalee Redevelopment Advisory Board A. Call to Order B. Roll Call C. Adoption of Ae:enda D. Adoption of Minutes of the July 19,2006, Meeting (see Ene. 1) E. Communications F. Old Business I.Status of 10th Street Extension Engineering G. New Business 1. Immokalee Redevelopment Advisory Board Handbook (handout) H. Citizen Comments I. Next Meetine: (September 20 at 8:30am) J. Adiournment 1 h I i 1 ",,) 1 C 1 ACTION ITEM ACTION ITEM ACTION ITEM ACTION ITEM INFORMA TION (CRA Advisory Board and staff) ACTION ITEM ACTION ITEM *The next joint IMPVC and Immokalee Redevelopment Advisory Board meeting will be held Wednesday, September 20, 2006, at 8:30 a.m. ** The next IMPVC meeting will be held on Tuesday, September 5, 2006 at 5:30 p.m. 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 Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician 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 other Boards and Committees, including but not limited to: EZDNCommunity Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time. . ~.,' ,..'...... 1 August 16, 2006 Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, FL 34142 8:30 a.m. MINUTES Immokalee Master Plan and Visionine Committee and Immoklaee Local Redevelopment Advisory Board A. Call to Order The meeting was called to order at 8:35am by Chairman Fred N. Thomas, Jr. B. Roll Call Members Present Fred N. Thomas, Bob Soter, Floyd Crews, Bernardo Barnhart, Eva Deyo, Captain Tom Davis, Robert Hallman, Rick Heers, Julio Estremera, Richard Rice Members Absent Cristina Perez, Ira Malamut, Ana Salazar Others Attending Dennis Perry (Collier County Sheriffs Office), Don Paolino (Kent Technologies), Tracy Miguel (Naples Daily News), Daniel Gonzalez (SWFLA), Dorin Oxender, Tari Harris, Patrick Utter (Collier Enterprises), Rick Dardas (Kent Technologies), Joan McGinness (EDC), Staff Present Thomas Greenwood, Principal Planner, Ekna Guevara, Planning Technician, Beth Yang, Principal Planner, Mike Bosi, Community Redevelopment & Planning Manager C. Adoption of Ae:enda Motion to approve agenda for August 16, 2006 CRA Advisory Board IIMPVC meeting made by Essie Serrata, second by Eva Deyo; passed unanimously D. Approval of Minutes of the Julv 19.2006. Joint Meetine: Motion to approve minutes made by Eva Deyo, second by Julio Estremera; passed unanimous. E. Communications F. Old Business 1. Status of Collier County/RMPK Group Contract Enclosure 2 was reviewed which is a summary of the contract with RMPK, and that Task 4, the Economic Feasibilty Study is next, and then a discussion of the draft changes to the Immoka- lee Master Plan. No action was taken. 2. Update on Economic and Feasibility Report Staff reported that the contract between RMPG and PMG for the 1 I leI Economic Feasibility Study will likely be given, with the approval of the CRA Advisory Board to a professor at FGCU. Mr. Kurt Easton ofRMPK advised staff that he has intiated contact with Gary Jackson of FGCU and will give a report as to progress in the near future. G. New Business 1. New Construcion Projects in the Immokalee Area a. Serenoa b. Business Park (East side of SR 29 North of Lake Trafford Road) c. SR 29 Bypass Project. Design work is being delayed due to Fish and Wildlife concerns about impact on the environment. d. Miscellaneous Fred Thomas suggested that two members attend the F AP A convention in Marco Island in late September and that the CRA fund this training. Motion to fund not more than $450 to pay registration fees for members of the CRA Advisory Board to attend the F AP A seminar in September made by Bob Soter, second by Richard Rice; passed uanlmous. 2. Rick Dardas of Kent Technologies discussed fiber optics system for the Immokalee Area. Kent will be in use within the next 2-3 months in Immokalee. 3. East of951 Horizon Planning Study Commitee. Chairman Thomas asked for representatives from Immokalee to serve on this and Mr. Tears and Mr. Rice agreed to serve. h. Citizen Comments 1. Discussion of Activity of the Sub-Committees of the IMPVC: . Business and Industrial . Human Services and Supports . Tourism and the Environment i. Next Meetine: Date Next meeting will be held on September 6, 2006. This will be a joint CRA & IMPVC workshop to review the IMPVC handbook. j. Adjournment at 9:40am MINUTES Enterprise Zone Development Agency (EZDA) a. Call to Order at 9:40am b. Roll Call c. Adoution of Ae:enda Motion to approve agenda for August 16, 2006 EZDA meeting made by Richard Rice, second by Floyd Crews; passed unanimously d. Adoution of Minutes from the Julv 19.2006. Meetine: Motion to approve minutes made by Floyd Crews, second by Eva Deyo; passed unanimous. e. Communications f. Old Business 1. Update on Recommendation to the CRA to Appoint Two Member to Enterprise Zone Development Agency) Denise Blanton and Richard Rice are new members of the EZDA. 2. Programs and Incentives Available for Business Development in 2 " , if Ie ~11 J,. Immokalee. Incentives available were reviewed briefly and the EZDA decided to review the incentives with the EDC staff and a possible representative of the State during the September 6 workshop. g. New Business 1. EZDA Handbook. Handbooks were distributed and review of the handbooks would occur during the September 6 workshop. 2. Review of Incentives and business development procedures. This subject would be reviewed during the September 6 workshop. 3. Review of EZDA Goals for Enterprise Zone 1101 and Discussion of EZDA Work Program for Fiscal Year 2006-2007. This subject would be reviewed during the September 6 workshop. h. Citizen Comments i. Next Meetine: Date Next meeting will be held on September 6, 2006. This will be a joint CRA Advisory Board & IMPVC workshop j. Adjournment at 10:05am MINUTES Community Redevelopment Agency Advisory Board a. Call to Order at 10:05am b. Roll Call b. Adoption of Ae:enda Motion to approve agenda for August 16, 2006 EZDAlCRAlIMPVC meeting made byBob Soter, second by Richard Rice; passed unanimously c. Adoption of Minutes of the June 21. 2006. Meetine: d. Communications e. Old Business 1. Status Report on 10th Street Extension. Staff reported that the July 19 reommendation of the CRA Advisory Board had not yet gone to the CRA due to the fact that the CRA has no meetings in August. Staff asked if the Board would support staff efforts to see if we can get both funds for the street construction as well as commitments for private new construction. It was stated by the Board that there is a limit of about 17 new homes which could be built on the east side of the new 10th street and that the west side is owned by the senior housing complex under construction, the Baptist Church (cemetery) and the School District of Collier County. Following discussion, there was a motion by Crews and a second by Rice that staff be directed to pursue the seeking of funding to complete the design (limit of $50,000 of county funds) and attempt to get commitments for construc- tion of new homes to complement the expenditure for the street and attempt to obtain cost sharing on the construction costs for the streeet. Upon vote, the motion was carried unanimously. g. New Business 1. Immokalee Redevelopment Advisory Board Handbook. The handbook was handed out and will be used during the September 6 workshop. 2. Staff was asked by Mr. Thomas to see ifthe CRA boundary can be 3 h. i. expanded to be the same area as the Enterprise Zone. Citizen Comments Next Meetin2 Next meeting will be held on September 6, 2006 as a joint CRA & IMPVC workshop. Adjournment at 10: 15am 1 ~61 - 1 C 1 j. ***Special Workshop will be held on September 6,2006 at 8:30am. *The next joint IMPVC and CRA Advisory Board meeting will be held September 20,2006 at 8:30 a.m. ** The next IMPVC meeting schedulred to be held on Tuesday, September 5, 2006 at 5:30 p.m. was cancelled. 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 Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information, In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician 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 other Boards and Committees, including but not limited to: EZDNCommunity Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc, In this regard, Matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time, 4 September 6, 2006 Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, FL 34142 8:30 a.m. AGENDA Work Session and Joint Meeting of the . Immokalee Enterprise Zone Development Agency . Immokalee Local Redevelopment Advisory Board . Immokalee Master Plan and Visioning Committee A. Call to Order B. Roll Call and Announcement of a Quorum C. Adoption of Ae:enda 16/ 1 rl ACTION ITEM ACTION ITEM D. Adoption of Minutes of the August 16,2006, Joint Meeting (Ene. #l)ACTION ITEM E. Communications F. Old Business 1. Enterprise Zone Development Ae:encv a. Review of the Member Handbook for the Immokalee Enterprise Zone Development Agency (PLEASE BRING YOUR HANDBOOK TO THE MEETING) b. Review of County and State Incentives for Business Expansion and Location in Immokalee (Economic Development Council of Collier County and Ron Zimmerly of Hendry County) (Enc.2) 2. Immokalee Local Redevelopment Advisory Board a. Review of Member Handbook for the Immokalee Redevelopment Advisory Board (PLEASE BRING YOUR HANDBOOK TO THE MEETING) 3. Immokalee Master Plan and Visionine: Committee a. Review of the Member Handbook for the Immokalee Master Plan and Visioning Committee (PLEASE BRING HANDBOOK) 16 I 1 C 2 /Yf::'f' (\ '\..... ~/' <..>1:";0 '.~' 'V,1' 6'0' I; . ['D' Ci,.C! t .7 "- "f'I,,"n "01 <'d4f <<:....,,1/ (()I!I>" t'/~~'r1. 0/", IE>~, / Fiala Halas' "Sf:. t!enning: ~ -== :oyle ,__,../ · ,,;oletta 7 --"""""'0'--, ----~- COLLIER COUNTY September 6, 2006 Ms, Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation RA Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, September 20, 2006 and will begin at 8:45 a,m. at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: I have attached the minutes from the August 16,2006 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me, My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. Sincere~ ~nd V, Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jeff Klatzkow Melissa Zone Mise, Corres: Date:-10 ) ([) JOb ltem#:.llo Tie ~ C -"':"5 to: ;\\ ti ,,( I 10 Ie 2 ,/~<~---'~",~ / <:, / /" \ /I/il/ 'c~\ '.,t"-," :' ',-,! , '.'rJ: " '; '., \-- ,/ .' \, ,"',.,j :,/.- // AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:45 AM, WEDNESDAY, SEPTEMBER 20, 2006 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCA TED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL/ATTENDANCE: 2, ADDENDA TO THE AGENDA: 3. APPROVAL OF MINUTES: August 16, 2006 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: 5. OLD BUSINESS: A. Nehrling's Tropical Garden Site - Survey and Assessment Update B. Historic Guide and Brochure C. Goodland - Margood County Park & Historic Site Update 6. NEW BUSINESS: A. AR-IOI47, Toll Rattlesnake DRI Survey and Assessment B. AR-09458, Silver Strand Survey and Assessment 7. DISCUSSION OF ADDENDA 8. ADJOURN f." ,-'II i~, ll)ric~II/,.\r~ll;\el)I(-,~: ical/:\gen lla 161 JlAUguSl 16, 16C 2 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, August 16, 2006 LET IT BE REMEMBERED, that the Collier County Historical/ Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 8:45 A.M. in REGULAR SESSION at the collier County Community Development Services Division Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: John Thompson William Dempsey Thomas Franchino Patricia Huff (excused) Sharon Kenny Ardavan Moaveni Elizabeth Perdichizzi ALSO PRESENT: Ray Bellows, Zoning Manager Melissa Zone, Principal Planner, Zoning Dept. Amanda Townsend, Parks and Recreation Jeff Klatzkow, Assistant County Attorney ~b\ ~~ ,I., ~. lC ~ ,..... August 16, 2006 1. Roll Calli Attendance: The meeting was called to order by Chairman John Thompson at 8:48 A.M. Roll Call was taken and a quorum was established. 2. Addenda to the Agenda: Ray Bellows had 2 items a. Letters of re-application to the Board (3) b. Discussion on Tamiami Trail Sharon Kenny moved to accept the addenda to the agenda. Second by Betsy Perdichizzi. Carried unanimously 5-0. 3. Approval of Minutes: June 21, 2006 Having previously reviewed the minutes of June 21, 2006, several Board members questioned: 1. Item 3. Approval of Minutes: Mr. Thompson stated it was not he that moved to approve the minutes of May 17, as amended. 2. Item 5. Old Business, the last paragraph in section A. "Melissa Zone indicated...". Ms Zone stated that the parties mentioned had visited the site but did not recall saying that "Staff (zoo?) was frustrated that they have not been able to obtain permits...". She explained that the Zoo knows it needs permits, has received permits for the hurricane damage and is waitingfor completion of Master Plan before going further with projects. 3. Item 5. section B. a. Mr. Franchino recalls that although he arrived at the stated time, he was part of the discussion on theformat of the Historic Booklet prior to the vote. He and Ms Kenny did not recall voting against this item. b. Chairman Thompson stated he doesn't usually make motions and would like the tape of the minutes checked. Tom Franchino moved to have the transcriber replay the tapes to clarify each of these points, report to the Board and the amended Minutes voted on at the September meeting. Second by Betsy Perdichizzi and carried 5-0. (Mr. Moaveni arrived at 8:53 AM) 4. Department of Zoning & Land Development Review Report: (handout) Ray Bellows took up Item a, of the Addenda to the Agenda item, which is the re- application for three of the current Board Members. He provided a Press Release showing the advertisement for application to the position and explained the procedure. Sharon Kenny, Patricia Huff and Mr.Dempsey indicated their interest in re-applying. Mr. Dempsey will need to apply for a waiver of the 2-term limit. 2 ~. ~ 6 tgusl~ 2 Item b. is discussed under 7. Discussion of Addenda Prior to the next topic's discussion: Chairman Thompson made inquiry, which may entail an attorney's opinion, about the clause in the lease that speaks to the right of refusal in the historical designation process, ... needing consent of the tenant, which shall not be reasonably withheld. His concern was that BCC could end up with no right to designate. Tom Franchino noted that, although he is not a County Attorney, his opinion is that the clause has been re-written several times and yet is not precisely clear and can have different interpretations. However, it is his understanding that a government entity can't contract away its function. 5. Old Business: A. Nehrling's Tropical Garden Site - Historical Designation Application: . (handout) (Jeff Klatzkow arrived at 9:00) Amanda Thompson distributed copies of the Request for Proposal (RFP) and reported on the formalized general bid process. Six vendors responded. Selected was Archaeological & Historical Conservancy Inc. (AHC). She explained the selection process and the next steps, from issuance of the P.O. to the final report to HAPB (approximately 90 days). The report will cover the 13.5 acres and include: · Historical Research · Inventory and Documentation of Existing Conditions · Site Analysis and Evaluation of Integrity and Significance · Recommendations for Future Treatment. The Board Members expressed their appreciation of Staff s efforts in getting this in the works. To the questions of: · Non-permitted work being done at the zoo, Melissa Zone reported that the Zoo is in compliance with County Codes in regard to site work, with proper permits. They are anxious for the report as well, to incorporate results in their Master Plan. · Need for HAPB to see Master Plan, - they, as well as County, will see it. · Where is Zoo's old sign, -it blew down and was destroyed. · Concern is, what if report says not enough is left if historical significance. Amanda Townsend's reply was-the question is not one of historical significance, but what happens after the designation in management and when Certificates of Appropriateness are involved. · When to bring before the BCC, - before report (waited long enough) or after report (being better armed and having full information). Melissa Zone stated the Draft of the Executive Summary, with recommendation for the 13.5-acre designation will contain Staffs agreement with HAPB, but with the further recommendation to wait until the Cultural Landscape Report is done. This 3 ,~ lb\ lC '1 August 16, 2006 Draft will be provided to all members. Active discussion followed regarding the reviewing and correction to the report; additional meeting with Zoo; and the best time and reasons to schedule going before BCC to assure the best chances for acceptance. Tom Franchino moved to have staff schedule, for the January BCC agenda, the recommendation for Historical Designation of Nehrling Gardens, incorporating the Cultural Landscape Report, along with any recommended changes voted on by The ArchaeologicalfHistorical Preservation Board (HAPB). Second by Sharon Kenny. Carried unanimously 6-0. B. Historic Guide and Brochure Melissa Zone will provide a rough draft of the Guide that she prepared. She also stated that other states she checked have put their Guide/Brochures on line with more detailed information than in the printed version. It would be set up on the Graphical Information System (GIS). Benefits include making it interactive, virtual tours, maps, market to school system, extensive, with links to other historical sites. This is a possibility here if the Board so votes. Discussion on pictures, entries, stories, bio's of board members, working with museum resource for old maps and historical information, and access to areas. Melissa Zone encouraged members to take on the research, gathering of items they want to portray in the Brochure and Guide and pass that on to her. Chairman Thompson recommended someone from the County lab, Jack Harvey, who is able to restore old photos and help with computer site. He will check into that. He also announced that Otter Mound is now being prepared for visitors. Melissa Zone noted that Bill Lorenz will come to HAPB to present information on the two-year and five-year plan for care of Gtter Mound and get input of this Board before implementing. Ray Bellows will provide list of sites the Board is interested in researching to Sharon Kenny, who will present to Historical Society and Museum for their assistance. 6. New Business: Application for Development of Regional Impact Melissa Zone brought forth this item (which was not on the agenda). Historic survey of 5 sites, 3 of which may be of historic nature. Prospective project is on the lands surrounding the Swamp Buggy Grounds. Survey and Assessment will be submitted to HAPB at next meeting. This was brought up to inform the Board of what is coming up. 4 lA~st Lo) c 2 7. Discussion of Addenda: Item b. Tamiami Trail Ray Bellows fielded discussion of issue of the designation of Tamiami Trail under scenic highway plan (not the same as historic designation). This might determine what could be built on and along it. Issue was brought up, on a request, by an old historic surveyor seeking historic designation. State Highways cannot have historical designations, only scenic designation. Ray recalled this was already part of the scenic highway plan, done about five years ago. The discussion now is whether it is a State or National designation and when was it done. Ray Bellows will check ifthis same one or is a second part or National scenic designation. A CD on the building and history of Tamiami Trail was distributed to the members for informational purposes. Janes Road is designated as a scenic road. Loop road is a scenic Road, a part of Cypress Preserve. Miccosukee tribe has a village settlement off Loop Road. Jeff KIatzkow stated that Everglades City residents are opposed to having any designation that might impose any restriction on them by the State. Need to check with Don Scott and Metropolitan Planning Organization. Melissa Zone will talk to Don Scott. Betsy Perdichizzi spoke ofHorr's Island (now Key Marco) being set for designation at one time when development began. She mentioned that archaeologist, Mike Russo, had determined in a preliminary report in 1989, that Horr's Island be put on the National Landmark Register as the oldest settlement in the United States. She requested information on the status of that report. Chairman Thompson will check if the work report from the lab is available for that development information. If so, he will provide copies. The next scheduled meeting will be held Wednesday September 20, 2006 in Room #609 Collier County Development Services Division, 2800 N. Horseshoe Drive. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 9:28A.M. ************ HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Chairman, John Thompson 5 , 6 I 1 0:2- . THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT Y.RE,"1 COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PUONE 239.643,1115 FAX 239.77!>'.,H,!>6 BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday August 1,2006,6:00 p.m. 3301 Tamiami Trail East, Naples FL 34112 A!!enda 1. Roll Call Fiala Halas Henning Coyle v Coletta _~___ ;/ / ~ 2, Adoption of Agenda 3, Adoption of Minutes - July II, 2006 (Regular Meeting) 4, Executive Director: a, Presentations: i. Mini-Triangle Catalyst Project - Michael Corradi/David Allen ii, Gateway Stonnwater Project - Gene Calvert/Jerry Kurtz b. Correspondence c. Project Updates 5, Old Business a, Florida Highway Products Request for Payment - Street Paving 6. New Business a. FRA Conference October 17-20,2006 - Discussion b. Land Acquisition Opportunities c. Offer to Purchase Union Motors d. Request For Payment - Financial Consultant Services e. Request For Land Maintenance Agreement f. Bayshore Fire Station Caution Lights - Neal 7. Citizen Comments 8, Adjournment Note; All meetings are publicly noticed in the Hannon Turner Building (Administration Building). Please call1he Bayshore/Triangle oflice at (239) 643-1115 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail. Naples, Florida, 34112. (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners- Office, Mise, Corrf!s: Date:~ Item #: , La I I C 3 Copies to: THE BAYSHORE/GATEWAY TRIANGLE ,~ L I ~tO 1(\1 REDEVELOPMENT A'{EA ~ (:OMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SI!I1'E II NAPLES, FI. 34112 PHONE 239.643.11l5 FAX 239,775.4456 BAYSHORElGA TEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE AUGUST 1, 2006 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order at 6:00 p.m, at the Collier County Commission Chambers, 3301 Tamiami Trail East, 1. Roll Call-Present: Advisory Board Members: Bill Neal, Steve Main, Chuck Gunther, Ron Fowle, Lindsey Thomas, Karen Beatty and Rochelle Doepke. Excused Absence: Bill Mears, Rod Gamer, CRA Staff Present: David Jackson, Executive Director County Staff Present: Marjorie Student-Stirling, Assistant County Attorney 2_ Adoption of Aaenda: Mr. Neal asked to add item 6.f Fire Station Caution Lights that are on Bayshore Drive. Motion to approve agenda with change: Mr, Gunther. Second: Mr. Main, Approved 7-0. 3. Adoption of Minutes: Motion to approve July 11, Minutes: Mr. Main. Second: Mr. Thomas. Approved 7-0. 4, Executive Director's Report: a. Presentations: i. Mini-Triangle Catalyst Project - Mr. Jackson advised that the presenter, Mr. Corradi, was not in attendance, He gave a summary of what the presentation would have contained, specifically that Mr. Corradi has assembled 6+ acres in the mini-triangle and was interested in pursuing a public-private partnership with the CRA and/or County to energize a catalyst redevelopment project, Mr, Jackson suggested that one member of the CRA-AB be selected to meet with Mr, Corradi and the Executive Director to discuss potential endeavors that may lead to redevelopment of that area. Mr. Thomas stated that he would volunteer to be the point of contact since he was the Davis Blvd CRA-AB representative. By consensus the CRA-AB approved Mr. Thomas to meet with Mr. Corradi and the Executive Director and return with information. ii. Gateway Stormwater Project - Mr. Jackson gave a thumbnail sketch of the most recent activity concerning the County's Gateway Triangle stormwater study. He reminded the CRA-AB that at the CRA Board and CRA-AS joint workshop in May 2006, the CRA Chairman Ms Fiala had the County Stormwater Department attend and give an update on the project. Mr. Jackson introduced Mr. Calvert, Storm water Department Head, and Mr. Kurtz, Stormwater Project Manager to give the CRA-AB an update and present a property acquisition opportunity to expand the approved stormwater pond_ · Mr. Kurtz presented new information to the eRA-AS that the South Florida Water Management District (SFWMD) had issued the permit to construct the pond and stormwater system. The system will consist of pipes and pumps to move water, He described where the stormwater pipes would go and that Linwood Avenue, Kirkwood Avenue and Commercial Drive would be affected, SFWMD is contributing funds via two grants to assist the development of the pond: $45K now and $45K later to 'design' the pond system and as much as $800K towards the funds for 'construction' costs. The County's contractor would complete the design and later this fall hopefully the project would be advertised for bids. Mr. Gunter asked about the pond's depth and will it be able to accept water from the min-triangle? Mr. Kurtz stated that the depth would be 3-5 . ~., !)'l _:::1 feet and that it might be able to accept water if a pumping station was installed. Mr. Fowle asked what is the County going to do with the dirt that was excavated? Mr. Kurtz stated that with the high cost of fill, the County will surely use it on some County project, Mr. Kurtz updated the CRA-AB on the opportunity for the County to acquire additional land adjacent to the existing pond site to expand the ponds capacity. The 1,58 acre site is owned by Mr, Forsyth, who earlier sold land to the County for the pond, Acquisition of this acreage will be a significant plus-up to the benefit of the pond and system. For instance it will provide for a better pond design, less contours, increase water capacity from as-year stonn event to service a 1 O-year storm event, and could provide increased capacity/volume to maybe accept some mini- triangle water, The Forsyth land appraisal was $723,500 and a purchase offer for that amount was countered with $1,250,000, Mr, Kurtz added that for the County to purchase land above the appraised value there would have to be good justification for doing so. He asked for Mr. Jackson to advise the CRA-AB of his view on a way to acquire this land which is valuable to the entire Gateway Triangle Stonnwater Project. Mr. Jackson stated that the benefits outweigh the additional cost of acquisition of this 1.58 acre parcel. Even though above appraised value, this acreage could be a significant part of a mini-triangle redevelopment project and if the County did not acquire the land, it could be purchased and redeveloped with 10 single-family homes or townhouses just like three other home sites were recently built to the south of the existing pond site. Home sites on the edge of the pond could become a public relations issue with the future residents, He felt that an increase in acreage was key in providing the best stonnwater service to the triangle neighborhood and would have indirect secondary benefits of increasing redevelopment opportunities, Loss of this land to future residential development would block all options to expand the pond for future needs. He recommended that the CRA-AB make a strong recommendation to the CRA Board to support the purchase of the parcel. Mr. Jackson reminded the CRA-AB that there is $2.4M remaining in the CRA's line of credit for land acquisition and construction. The CRA's purpose is to eliminate slum and blight and correct any deficiencies identified in the CRA's Finding Of Necessity, and that the stormwater or localized flooding is identified, He stated that the Advisory Board should seriously consider recommending to the CRA Board that the CRA offer CRA TIF (from the line of credit - or reserves) to the Board of County Commissioners to cover the land cost-differential between appraisal and contracted price. Mr. Kurtz added that County Staff is still negotiating a sales price with the Forsyth family, Mr. Gunther stated that he fully supports the CRA assisting in the acquisition of land for the Gateway Triangle stonnwater project. Motion to recommend to the CRA Board to pledge CRA TIF (line of credit or reserves) to cover the cost-differential between appraised value and contract/sales price to acquire the 1 .58 acre Forsyth parcel: Mr_ Gunter. Second: Ms Beatty. In discussion Mr. Neal asked why didn't the appraisal consider income-loss, will this land meet Gateway Triangle future needs and can the SFWMD grants be use to reimburse the CRA? Mr. Kurtz stated that the appraisal only detennined the value of the real estate and that typical appraisals of this nature done for the County don't take income stream into account, the new acreage will be a significant addition but will not solve all of the stonnwater issues, and the SFWMD grant are specifically identified for 'design' or 'construction'. Mr. Fowle asked if the SFWMD grants could be siphoned off or redirected to another project in the County? Mr. Kurtz stated no, that the grants were project specific. Motion approved 7-0. 161 Ie . . . . August 1, 2006 CRA-AB Minutes 2 161 Ie 3 b, Mr, Jackson identified the CRA-AB correspondence either received or sent since the last meeting, He asked if the Board had any questions, c, Mr. Jackson provided an update on activities within the CRA. Topics included budget, residential street paving, Haldeman Creek dredging, Treviso Bay Marina, residential guidelines contract, 17 acre land acquisition, acquisition of the Shadley Trust property, CRA Overlay amendments, Linwood Avenue sewer force main, SprinVEmbarq fence replacement and CRA office relocation. 5, Old Business: a. Mr. Jackson presented the Advisory Board his memo requesting final payment to Florida Highway Products for their street paving work in the Bayshore and Gateway Triangle areas. Motion to approve final payment of $70,190.00 to Florida Highway Products, Inc, Mr. Fowle, Second: Mr, Gunther. Approved 7-0. 6, New Business: a. Mr, Jackson presented the Florida Redevelopment Association's annual conference agenda and registration forms for the CRA-AB members to consider. He asked each CRA-AB member to advise him of their desire to attend the October conference and he would present them to the CRA Board for funding approval. b, Mr. Jackson presented a set of land acquisition opportunities for the CRA-AB to consider. The opportunities ranged from single-family residential sites, mobile home lots to commercial redevelopment sites. The Advisory Board stated that they would take them under advisement. c. Mr. Jackson presented a letter and appraisal from Mr. Richard Munoz, owner of Union Motors. Mr. Munoz's letter was an offer to the CRA to consider purchase of his property at the intersection of US41 and Davis Blvd. Mr. Thomas stated that he felt that since this property was adjacent to Mr, Corradi's mini-triangle properties, he could also review this offering. By consensus the CRA-AB agreed for Mr. Thomas to investigate and make a recommendation to the CRA-AB, d. Mr. Jackson presented the CRA-AB with invoices for payment resulting from the CRA's acquisition of a $7M line of credit from Wachovia Bank, They are payments of $15,000 for bond counsel (Nabors Giblin & Nickerson, PA), $15,000 for financial consulting (Public Financial Management) and $3,000 for Wachovia Bank's financial counsel. Motion to approve payment for financial services received during the acquisition of a $7M line of credit from Wachovia Bank: Mr. Gunther. Second: Ms Beatty. Approved 7-0. e, Mr. Jackson stated that the newly acquired 17 acres of vacant land will have to be maintained to meet County maintenance code. He stated that he consulted the Purchasing Department and that the CRA can enter into an agreement with the current bush hog services as long as it is less than $1000. Carl Magee Bush Hog services is a County approved contractor that does work for the County Code Enforcement Department. He agreed to continue to provide the service as requested until September 30, 2006 at a rate of $260 per service for the northem acreage and $130 per service for the southem acreage. Mr. Jackson stated that would be less than $1000, and that he would execute an RFP for service for FY07 through the County Purchasing Department. Motion to approve agreement for bush hog services with Carl Magee Bush Hog Service not to exceed $1000 total service until September 30, 2006: Ms Beatty. Second: Mr. Thomas. Approved 7-0, f. Bayshore Fire Station Lights. Mr. Neal explained to the CRA-AB the sequence of events surrounding the East Naples Fire District's installation of traffic lights on Bayshore Drive at the Windstar and Jeepers Drive intersection. He stated that the project did not coordinate August 1,2006 CRA-AB Minutes 3 with the oommuntty nor the other governmental agencies ~a~av~ respo1biges in t~ area, specifically the Bayshore Avalon MSTU and CRA_ He is concerned that there are' some groups that do not understand that the agencies that have responsibilities in that area should be contacted prior to any planning, work or changes are contemplated, mostly to deconflict priorities and projects. After a roundtable discussion, motion to write a letter to the CRA Board to request the Board of County Commissioners advise the County Manager and his Divisions to make every effort to communicate with and coordinate with the area's neighborhoods, residents, and two other agencies (CRA & MSTU) before activities are planned or conceived in the CRA boundaries. 7, Citizen Comments: a. Mr. Elmer Wheeler expressed concem about why the CRA-AB did not discuss the Treviso Bay Marina project. Mr. Jackson advised him that Treviso bay Marina was the topic at last month's meeting. Mr, Wheeler stated that he and his neighbors are concerned about the proposed parking plan. Mr. Jackson explained that the Treviso Bay Marina developers have a copy of the neighborhood form letter, and that there will be a Neighborhood Information Meeting (NIM) before any request goes to the BCC, Mr. Neal asked Mr. Wheeler to continue to attend the CRA-AB meetings to keep informed. He agreed_ b, Ms Jada Anastasia spoke about the Brookside residential development to the north of the CRA's boundary, She asked if it could become a part of the CRA. Mr, Jackson explained that is could, as well as other residential neighborhoods close to the CRA boundary provided the CRA authorizes a blight study, and if slum and blight is documented, then the CRA could amend its boundary. Mr. Neal asked Ms Anastasia to work with Mr. Jackson, She agreed. 8, Adioumment: The regular meeting was adjourned at 7:28pm, The next regular meeting of the Advisory Board is September 7,2006 at 6PM at the Collier County Risk management Training Room, Building "D", August 1,2006 CRA-AB Minutes 4 ~ 6 I . THE BAYSHOREjGATEWAY TRIANGLE REDEVEtOPMENT AtG~ (:OMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday July ll, 2006, 6:00 p.m. 3301 Tamiami Trail East, Naples FL 34112 Af!enda I. Roll Call 2, Adoption of Agenda 3, Adoption of Minutes - May 8 and May 9, 2006 (Transportation Workshops); June 6, 2006 (Regular Meeting) 4. Executive Director: a, Correspondence b, CRA Updates c, HDR Requests for Payment d. Site Improvement Grants i, Edward Richard & Shelly Carini-Napier (residential) - SIG 11/2006 ii, Robert & Todd Wood (dba Murphy Bed Center) - SIG 1212006 iii. Cloe Waterfield (residentia]) - SIG ]312006 5. Old Business: a. TIF Residential Market Update b, Francis Avenue Name Change - Update c, Lakeview Drive Streetscape - Wind Star POD 6, New Business: a. Office Space Lease b, FEMA Blue Roofs - Fowle 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Hannon Turner Building (Administration Building), Please call the Bayshorerrriangle office at (239) 643.1115 if you have any questions about the meeting, If you are a person with a disability who needs any accommodation in order to participate in this proceeding. you are entitled. at no cost to you. to the provision of certain assistance, Please contact the Collier County Facilities Management Department located at 330 I East Tamiami Trail, Naples, Florida. 34112, (239) 774-&380; assisted listening devices for the hearing impaired are available in the County Commissioners' Ottice, 161 Ie THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE II NAPLES, FL 34112 PHONE 239.643.1115 FAX 239,775,4456 BAYS HORElGA TEWA Y TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JULY 11, 2006 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order at 6:00 p.m. at the Collier County Risk Management Training Room, 3301 Tamiami Trail East. 1. Roll Call-Present: Advisory Board Members: Bill Mears (acting Chairman), Steve Main, Rod Gamer, Chuck Gunther, Ron Fowle, Lindsey Thomas, Karen Beatty and Rochelle Doepke. Excused Absence: Bill Neal. CRA Staff Present: David Jackson, Executive Director County Staff Present: Marjorie Student-Stirling, Assistant County Attorney 2. Adoption of Aaenda: Mr. Fowle asked to add item 6.b FEMA Blue Roofs. Motion to approve agenda with changes: Mr, Main_ Second: Mr. Fowle. Approved 8-0, 3. Adoption of Minutes: Motion to approve May 8 & 9, 2006 Transportation Workshop Minutes: Mr. Main. Second: Mr. Gunther. Approved 8-0. Motion to approve June 6,2006 Minutes: Ms Beatty. Second: Mr. Main. Approved 8-0. 4, Executive Director's Report: a, Correspondence. Mr. Jackson gave a brief overview of the correspondence received and sent. He added one piece of correspondence, a form letter, from a resident on Lakeview Drive concerning Treviso Bay Marina's proposed on-street parking plan, b. Mr. Jackson provided an update on activities within the CRA. Topics included budget, residential street paving, Haldeman Creek dredging, Treviso Bay Marina, residential guidelines contract, 17 acre land acquisition, acquisition of the Shadley Trust property, corridor study progress, Gulf Gate South purchase update, and the results of the CRA consideration to become a corporate member with Bayshore Arts, Inc, c. Mr. Jackson introduced his memo requesting final payment to HDR, Inc. for their work on the Bayshore and Gateway Triangle zoning overlays, and their addendum contract to update the CRA's Residential Market and TIF study. Motion to approve final payment of $8,400.00 to HDR, Inc. for Invoices M-167726 and M-171873: Mr. Garner. Second: Mr. Gunther. Approved 8-0. d, Mr. Jackson presented three Site Improvement Grants, SIGs 11, 12 and 13, for Edward Richard and Shelly Carini-Napier (residential), Robert and Todd Wood doing business as Murphy Bed Center (commercial), and Cloe Waterfield (residential). Motion to approve all three grants as presented: Mr. Gamer, Second: Ms Doepke. Approved 8-0. 5. Old Business: a. Mr. Jackson presented the Advisory Board with the Residential Market and TIF study. He pointed out several important factors for the Board to familiarize themselves with as a tool to guide the CRA's redevelopment plans, b_ Mr, Jackson gave an update on the renaming activity for a portion of Francis Avenue and a Pine Street. c, Mr. Jackson reviewed his memo on the Windstar PUD amendment that was recently reviewed by the Collier Planning Commission. He detailed the increase in monetary participation offered by the Fisherman's Village development to provide a sidewalk on 1 6 ~ 1 ~ ~ Lakeview Drive and a widening of the street from 18 feet to 22 feet. Mr. GunlYfer addressed the Board concerning pedestrian safety, Due to the increased traffic from dredging trucks and future construction of the condos, he thought there should be some pedestrian measures taken as an interim for the residents of the neighborhood. Mr. Jackson stated that the CRA would provide future pedestrian safety measures through the streetscape plan that would install a sidewalk before Fisherman's Village construction began; however there wasn't anything that the CRA could do about the impact from the dredging spoil trucks, That was a county transportation issue, and it might be too late because the spoil pit was already under construction and the dredging was going to commence soon. A round table discussion ensued about pedestrian safety and the three projects that will occur near Lakeview Drive_ Mr. Gunther made a motion for the CRA Advisory Board to send a letter to the CRA Board expressing its concems about pedestrian safety issues on Lakeview Drive that may be caused by the dredge spoil trucks, Second: Mr. Garner. Approved 7-1, Mr. Main opposed, 6. New Business: a. Mr. Jackson presented two new office space options for the Advisory Board to consider. He stated that the CRA's current lease expires September 30,2006, He outlined the positives and negatives of the two sites and recommended the Advisory Board recommend that the CRA Board enter into a lease with Lafayette Ingram for office space in Gulf gate South_ Motion to approve: Mr, Gunther, Second: Mr. Main. Approved 8-0, b. Mr. Fowle discussed the large number of FEMA blue tarp roofs still in the CRA. He surmised that some people still have outstanding insurance claims or might not have the finances to repair them_ He asked about state grants through FEMA. Mr. Jackson stated that the only grant he was aware of was for roof improvements for wind strength, that is increasing the roof tie-downs system to meet current codes. Mr. Fowle asked if the homeowners could be contacted and offered the site improvement grant to repair their roofs_ Mr. Jackson stated that he would publish that information to them, however the grant is only available to owner-occupied residences. 7, Citizen Comments: None_ 8. Adioumment: The regular meeting was adjourned at 6:40pm. The next regular meeting of the Advisory Board is August 1, 2006 at the Collier County Commission Chambers. July 11, 2006 CRA-AB Minutes 2 5a,yshore 5eautitication M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 16 , .' ilt, i 4 .1." ,n , ) . . t. . :~ September 6, 2006 Fiala V Halas /; Summary Henning~ ~ := Coyle ~ - Coletta -= A quorum was established, the agenda and minutes were approved. V. OLD BUSINESS C. CRA Report I Workbook Gail Boorman gave a Power Point Presentation (see attachment) demonstrating possible future beautification of streets while addressing traffic calming, continuity, safety, and organization. Ray Perrine moved to have a meeting coordinated between eRA and the Bayshore MSTU for a workshop. Second by Victor Brtttain. Motion carries unanimously 3-0. Misc. Corres: Date:~(o /0 b Item#: leer I C 4- 1 o t" v ,\.). 5a9shore 5eautitication M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 161 lC4 October 4, 2006 Aaenda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MlNUTES- September &, 2006. V. LANDSCAPE MAINTENANCE REPORT A. Ground Zero - Aaron Gross VI. TRANSPORTATION SERVICES REPORT A. Budget ~ Tessi& SIHery B. Project Managers Report - Darryl Richard VII. OLD BUSINESS A. Carry Forward Report B. Lights by Firehouse on J..pe~ C. CRA Report VIII. NEW BUSINESS A. Explore Options of Hiring Outside Consultant to Manage MSTU IX. PUBLIC COMM~NTS X. ADJOURNMENT The next meeting is Wednesday, November 1st, 2006, 4:00 PM. Collier County Transportation Bulldlngteast Conference Room 2885 Horseshoe Drive South Naples, FL 34104 5ayshore 5eautitication M.S.T.LJ Advisory Committee 2885 Horaeahoe Drive South Naples FL 34104 161 lCl:L September 6, 2006 Minutes t. CALL MEETING TO ORDER II. ATTENDANCE Members: Victor Brittain, Tom Finn- excused, Maurice Gutierrez, Bill Neal- excused, Raymond Perrine County: Darryl Richard- Project Manager Others: Aaron Gross- Ground Zero landscape Service, Inc, David Jackson- eRA, Gail Boorman~ AGB Associates, Michelle L. S. Guerrero- Mancan III. APPROVAL OF AGENDA Move: "VU. landscape" after the minutes. Add: "V. Old Business, C. CRA Report I Workbook" Ray Perrine moved to approve ttHt agenda with- changes. Second by Victor Brittain. Motion carries unanimously 3-0. IV. APPROVAL OF MINUTES- August 2, 2006 Victor Brittain moved to approve the minutes of August 2, 2006. Second by Ray Perrine. Motion carries unanimously 3-0. VII. LANSCAPE MAINTENANCE REPORT A. Ground Zero ~ Aaron Gross Pruning was performed Hedges are growing out as they should Waiting on new poles for the- flags before the project can be con ,pfeted It was noticed that a couple poles were destroyed during vehicle collisions. Aaron Gross cleaned up the area but repairs, and replacement poles are needed. Darryl Richard added that the sprinkler system has been set. V. OlD BUSINESS C. CRA Report I Workbook 161 Ie"..... Gail Boorman gave a Power Point Presentation (see attachment) demonstrating 4 possible future beautification of streets whUe addressing traffic calming, continuity, safety, and organization. Maurice Gutierrez mentioned locations where the County repaved driveways after construction for sewers and included a dipping swale so the dliveway floods. Oan Boorman replied that this project would not address reconciliation on this type of issue_ VIU. TRANSPORT ATJON- SERVICES REPORT A. Budget ~ Tessie Sillery Darryl Richard distributed and reviewed the budget. He also noted that a rearrangement of County Staff may occur in the future. V. OLD BUSINESS B. Lights by Firehouse on Jeepers No report C. CRA Report I Workbook David Jackson reported: It was brought out that there are lines of site impediments for traffic movement on Bayshore due to tat1landscaping. Windstar will be changing their entryway. The CRA Board would like to have a joint CRA and Bayshore MSTU workshop. Darryl Richard will work with the CRA to schedule a workshop. Ray Perrine moved to have a meeting coordinated between eRA and the Bayahore MSTU for a workshop. Second by Victor Brittain. Motion carries unanimousfy 3-0. Mr. Jackson's traffic study should be completed late October. VIII. TRANSPORTATION SERVICES REPORT B. Program Managers Report - Darryl Richard Darryl Richard reviewed the report noting that there was a meeting with the Purchasing Department where they allowed the flag project to go out with the bidder instead of the Lykens Company as previously discussed. Maurice Gutierrez would like Darryl Richard to find out the condition of the holiday banners. He offered to work. with Darryl Richard on possible locations for the trash cans and benches in storage; and look into utilizing them for the future Streetscapes. The CAT benches for buses might not be available for another sixteen weeks. Darryl Richard agreed to check on prior bench location surveys performed. 2 VI. NEW BUSINESS 161 Ie A. Explore Options of Hiring Outside Consultant to Manage MSTU Ray Perrine moved to table the discussion on this item. Second by Victor Brittain. Motion carries unanimously 3-0. Darryl Richard reviewed ~Cost Benefit Analysis - Re-Use Conversion Bayshore MSTU" (see attachment). VII. PUBLIC COMMENTS There being no further business to come before the Committee, the meeting was adjourned at 5:32 p.m. The next meeting is Wednesday, October 4th, 2006, 4:00 PM. Comer County Transportation Bulldlngleast Conference Room 2885 Horseshoe Drive South Naples, FL 34104 3 161 lC 4 ~onday,August28,2006 Prepared By: Darryl Richard, Project Manager, Bayshore MSTU Cost Benefit Analysis - Re-Use Conversion Bayshore MSTU Based on Five (5) Year period beginning in Year 2001 the annual average consumption of potable water from City of Naples water tap is 10,338 gallons per year at an average cost of$21,259 per year in monies paid to City of Naples for potable water. If Effiuent were used at the current billing rate of _36 (36 cents) per gallon the average billing would be $3,722 per year. Conversion from City of Naples potable water to Collier County Re- Use could result in potential savings of$17,537 per year. Current project estimate for Re-Use conversion is $60,390.00 total project (Windham Studios Estimate 120 gpm option). Based on potential cost savings of $17;337 per year the Bayshore MSTU could recoup the cost of the Re-Use conversion within 4 years after project is complete. Data - Used for Analvsis: FY-OIl02 Usage: 7,967 gallons Paid: $13,408.20 With Effluent would be: $ 2,868.12 with Savings c?f $10,540.00 FY -02/03 Usage: 10,739 gallons Paid: $25,007.66 With E;tfluent would he: $ 3.866,04 with Savings (?f: $] 1,1-11.60 FY-03/04 Usage: 13,736 gallons Paid: $26,948.36 With E;tflul.!nt would hI.!: $4,944,96 with Savings ()f: S~2.003.40 HECEIVED AUG 2 8 2006 !'ra n SjjOl't atju n XI'M Dept. FY -04/05 Usage: 13,137 gallons Paid: $24,960.91 With Effluent would he: $4.729.30 '.dtll S(n'ing.~ C?t.' 520,231.60 FY -05/06 Usage: 6,114 gallons Paid: $15,975.10. (Estimated to September 31, 2006 end fiscal year) With E;ffluent would he: S2,20 J.00 with Sd\'ings (?t: $13. --4, /() Note: Effluent (Collier County) water charge is 36 cents per gallon used and no fees are charged for non- usage of the meter. Potable (City of Naples) water charges are per first 80 gal. is J. J 6, second 80 gal. is \,38 and over that amount charge is \,74 per gallon. Meter charges apply regardless of usage. , n I, ilk~ .L." ~ v 6J' 9-6-06 Darryl Richard & Tessie Sillery Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BA YSHORE MSTU Proiect Status (B-1) - COMPLETE; Application For Re-Use; Utilities Department Project Start 5-16-05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 2001 (per Bob Petersen). Bob Casey cannot fmd original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12-25-06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1-3-06: Marisa Garcia confIrms that 'calculations' by a consultant are necessary prior to approval of the Application for Re-Use. 8-22-06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8-22-6) 8-24-06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re-Use. Anticipated confirmation of approval of Application for Re-Use is by September 30, 2006. (B-IA) - ACTIVE -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8-2-06: Bayshore Committee votes to purchase 40 banners. 8-28-06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set-Up Fee. 8-28-06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8-30-06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9-1-06: Grady McCoy ofFlagandbanner confIrms that they are under production for the banners. 9-5-06: Grady confIrms that sample banners (1) Flower/Butterfly and (1) BeatIe/Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Proiect End upon approval of samples is September 27, 2006. (B-2) - ACTIVE -Trash Can Installation; Project Start Date: 8-2-06: Bayshore MSTU Committee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8-22-06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Proiect Completion is November 30, 2006. (B-3) - ACTIVE - FDOT Lighting Grant - Bayshore Bridge Project; PENDING CONSULTANT RECOMMENDATIONS; -Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4-12-06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5-1-06: Purchasing Assisting with RFP Process. Contact with Committee for RFP and confirmation of participation pending. 5-30-06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for RFP. (consult w/ Kevin Dugan for environmental) 6-12-06: Michelle Peronto reviewing submittal per environmental impact statement. - Purchasing coordinating RFP. 6-27-06 - Environmental Review pending 7-18-06 - Environmental Review pending 8-2-06 - Environmental Review pending 8-7-06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 1 61 lC4 8-22-06: Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8-30-06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is 'on track' as per her schedule. 9-6-06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. (B-4) - ACTlVE- Project Due - 9-25-06 ---DESIGN GUIDELINES: Master Plan MSTU/CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CRA part of the Scope separate from the MSTU. 4-17-06-Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA 5-1-06; As per Committee Approval- Work Order is pending; Comments from Purchasing review of Work Order and responsibility of 'Project Manager' is pending. 5-8-06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5-9-06; Gail Boorman attendance at Bayshore Area Public Meeting. 5-15-06: Work Order to A.Gail Boorman sent to Gail's Office. 5-15-06; Work Order signed by all and given to Budget Analyst for P.O to be issued - waiting on routing #'s from David Jackson. 5-30-06; NTP - issued to Boorman & Assoc. on 5-24-06 6-3-06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6-12-06; Work on Design Guidelines Currently in progress - project due on 9-25-06 6-27-06; Gail coordination with staff and CRA - no report - will be attending next meeting with an update 7 -18-06 : Gail to attend next mstu meeting with an update and status. 8-2-06: Gail Boorman could not attend MSTU meeting and sent written update/status report for project. Due date of9/25/06 has not changed. 8-7-06: Gail Boorman status report received. Need 'preliminary' report submitted prior to 9-25-06 deadline for staff review. 8-15-06: Gail Boorman presentation to David Jackson, Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8-21-06: Gail invoice for 30-60 percent complete. 8-22-06: Final 90% Submittal is due prior to 9-25-06 for staff review. Anticipated delivery of 100% Proiect Document from Gail Boorman is September 25,2006. (B-5) ACTlVE- Mr. Ingram - Code Enforcement action: Mr. Ingram has been notifIed by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re-occurred per MSTU committee meeting 6/7/06. 6-13-06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re-submitted to Code Enforcement. Michelle Arnold has confIrmed that this item will be brought before the Code Enforcement Board for review. 6-21-06; Need Michelle Arnold follow-up 6-27-06; Michelle Arnold contacted staff and requested to put on special master 7-18-06: Waiting on response from Michelle Arnold 8-2-06: Code Enforcement working on preparation of case 8-22-06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8-30-06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (1) Survey ofIngram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8-30-06: Michelle Arnold confIrms that a 'Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copv Notice of Violation Se?tember 15,2006. 2 ;$~ bl Ie 4 . ~ (B-6) - NON-MSTU PROJECT-ACTIVE-CAT BUS SHELTERSIBENCHES - 2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6-14-06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6-21-06; Need Status for order and permit 6-27-06; 10 to 12 weeks out (pbs did not order parts as requested) 7 -18-06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9-1-06 8-7-06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8-22-06; Victor Stanley order not received by PBS. 9-5-06: Victor Stanley order is confirmed exact shipment date has not been set. Anticipated Delivery of Benches is bv October 15. 2006. (B-IB) -COMPLETE- Comparison of cost for effluent versus non-effluent water for Bayshore. 8-28-06; Staff completes cost benefit analysis: Based on potential cost savings of $17,537 per year the Bayshore MSTU could recoup the cost of the Re-Use conversion within 4 years after project is complete. (B-7) COMPLETE- Maintenance Contract 05-3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload.- 7-18-06: Parts are on order - Irrigation Manager - Roger Dick 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Plantings of Juniper are complete by Ground Zero (B-8) - COMPLETE- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at ATM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5-1-06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5-30-06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6-1-06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6-12-06; Roger Dick to upload software for controller on June 14, 2006 6-27-06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not 'talking' to the central. The South Clock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B-9) - COMPLETE; Project due 7-25-06 - Effluent Connection - Consultant Calculations 3-06-06: Scope received from McGee, Boorman, Windham 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst -waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 3 161 Ie 4 7-18-06 - Project due on 7-25-06 7-24-06: Windham Studios provides report for calculations. (B-I0) - COMPLETE; Project due 7-25-06 - Effluent Connection-Application for Re-Use and related request from Utilites Department for Consultant calculations. 3-06-06: Scope received from McGee, Boorman, Windham 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst- waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 8-2-06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch-list item which is pending. (B-ll) - COMPLETE; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6-12-06; MSTU staff to contact ENFD to advise ofMSTU committee's request to stop work. 6-27-06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7-18-06: On 7-12-06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8-2-06: ENFD representative Chief Potteiger reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. (B-12) - COMPLETE; Bidding of Maintenance Contract #05-3689; Recommendation to award bid to lowest, qualifIed, responsive bidder to be Ground Zero, owner: Aaron Gross. (B-13) - COMPLETE-Qty. 6 Palm removal/relocation Project August 11,2005: 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B-14) - COMPLETE-Irrigation Mainline Break Repairs September 12,2005: CLM repaired 5 Breaks total. (B-15) - COMPLETE 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B-16) - COMPLETE - 6-7-06 - Cricket Lake Apartments - MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staffby Contractor prior to commencement of work. (B-17) - COMPLETE -7-18-06 - Pavers Repair 6-13-06 Boness issued a purchase order in the amount of $9,880.00 forrepair of29 areas of pavers. Projected completion date 8-30-06. 6-27-06; Project to begin construction week of June 14, Project Plans as per fIeld meeting received from Contractor 4 j ..- .~ P.t~ 1 C4 "" 0 4 ., (B-18) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3-06-06: Gail Boorman to make recommendation as part of master plan. 3-08-06: MSTU Committee creates Working Group to advise on Banners for selection. 3-16-06: Meeting with Victor Britten for Working Group - 2 banners selected. Victor to look at other designs and meet again w/ Staff. 5-1-06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5-30-06: Pending estimate from annual Lykins. 6-13-06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6-21-06; Need Graphic Sample for review 6-27-06; Graphic approved 8 week production to delivery of banners. 7-18-06: Banners delivered and are up..... (B-19) - CANCELLED -Banner Ann Replacement Project -$16,676.00 50 Standard @ $304.00 ea. for a total of$15,200.00; 4 double @ $369.00 ea.for a total of$I,476.00; Proposal by Committee does not meet current FDOT Regulations; August 8, 2005: The Proposal has been Rejected by ROW based on Current FDOT Standards. 5 #ii:2Q~j ~~~~!;:ir ~~)o~Of ~ ~ ~ ~ ~'e ~~~&i~f '"~"'O!iUl i nimat C5 0...".- zS!!i!:~li ~~~~~l ;~iie: gmlicz::U ~~j;l~c:i -o~ ~ ::I: ~ 01: :::l:. ~ ~ ~.f ~i ~~; eel r-. ~. ~ (1)0- o 0- '" i . o i ~ . . . . . 1 g ~ <D~~~ ~~8~ i iHiii~~ ~~ ~~ ........ co 00 ~&;~~~~~~::~~~~ g~8-g;:88~8i!l~08 ~Z()()z~~ZCZZO() ~~~~~~~~~~n1~~ (Jl~~~~(Jlcnffl~~~;o~ r::l~"Tl"z;RrtI~~~~i!~ "",~~[;1"", zz' m)o 3J*~~n;H3:J;!""'~(Jl~O ~~H~~~~I;~~~~ l"m""z"tJ-<o;;" -<0 .~~GlGl:;!el~F5rn $!~ ..C3:~~~,,()~;o-l ~3: :~gjgj~gj~~!E C3~ 12;!"~~c:;!m ~ "m 0;:0 ;O>~ X :;!cn G>~ ~~o m ::! ;~ ~$!" ~ OC zen ~m -1m _ " z Gl , <D to eCHO to 88888 00000 $U~~ ~8~8~ i i ~ -I.....:::u;o;o $!$!rnrnrn "Tl"Ttmmm ~!!:::u;o:::o no<<< f;~rnmrn QQ~~~ I~~c~~~ -t-l~~O ~~fij~~ f5tfi~o~ I~~~!:i~ ~~~~m mm zz -<-< ()"tJ C" ~~ ~~ ~" " o 8 ! i~~~~~ ... 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J:..~""" ~~U~ $[!iI~8$ !12:-a g."gP Y'C.:1Il NZm!!. 51" m. a;"'::a::l ~ :g 2 I"'~!!l Cm.. zz" ~~!!. ,,"" aoi: ~ ...00 882 8~.,,~ Y'~C:-< NZZC: 51,,")0 05m .- o g~~l-; Y'm.......... l!l'" C I~~~ " .0 8 w ~ fiG' ~~ "'~ Om fm -~~ ~1ll5. !ggi 8~ ill C ~g> !!1o.. ~'i ~ 161 1(4 Title Sub-Title Amount Sprinkler Maint. FIS - Fla. Irriaa.System 45.31 Sprinkler Maint. FIS - Fla. Irriaa.Svstem 40.44 Sprinkler Maint. FIS - Fla. Irriaa.Svstem 54.39 Sprinkler Maint. FIS - Fla. Irriga.System 70.46 Sprinkler Maint. FIS - Fla. Irriaa.System 0.79 Total 211.39 Other Contractuals Gail Boorman & Assoc. $6,157.25 Other Contractuals Ground Zero - Inc. 6,227.00 Other Contractuals Ground Zero - Inc. 384.00 Other Contractuals Ground Zero - Inc. $246.00 Other Contractuals Ground Zero - Inc. $4,539.65 Total $17,553.90 Mulch Forest Resource $17.64 Mulch Forest Resource $98.00 Mulch Forest Resource $11.76 Total $127.40 Water and Sewer City of Naples $2,415.30 Water and Sewer City of Naples $3,434.35 Total $5,849.65 Other Misc. Serv. Mancan $31.24 Total $31.24 Electricitv FP&L - Entrv liahts $8.96 Electricity FP&L -Irrigation timer $8.45 Electricity FP&L - Entry lights $28.78 Total $28.78 Other Electrical Contractor EB Simmons $258.75 Other Electrical Contractor EB Simmons $247.25 Total $506.00 Fertlherb/chem Lasco $1,506.00 Total $1,506.00 Total Invoices Paid $25,814.36 PO History Othe Operating Supplies Flag & Banner (40 banners) $1,541.95 FertlHerb/Chem leseo- old invoice 3-5-05 $1,506.00 FertlHerb/Chem leseo- old invoice 3-5-05 $1,506.00 16' 1 ::r m :E c- O) 0 0 0 t/) r ;> ""U .., ~ 0 0 ...., 0 ::r ::r - CD ~ ~ - ..., - 0 0 -. - (I) -. ~ ~ (I) .., .., OJ 0 (iJ '""0 ...., 0 CD - 0- rn 0 :::J >- t:J:j C- o 0 3: h 0 c: 0' en c: -0 ~ 0 ~ ~ ...., .... en ~ . . ..., (iJ . . ~ -I ~ ~ 0 -I OJ CD C .., .... -. 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Q) ~ ~ n ~. - C'" ~ (I) (Q 0 en 0 ...... - ~ (I) en ~ CD 1i. V Z -I (1) -- -. ::T r (") c- O) D) :::::l 0- - 0 en n en ., 0) "'0 .... ::T eo a )>)> 0 ....,. CD 0 9-(;) ;:::+0) .... C- eo -- . . n - OJ c-OJ en ...., 0 CD eo 0 0' ... + ...., ., c3 (1) ...., 0) .., O"::J CD (1) 0) 5> :::::lQo ... 0)> t/) ~ en = n -. en CD lO 0 Q) :::::l (") .., + -. 0) - r...... - (1) 0) CD - :::::l en C 0- tn ~ "'U .... 0) )> .., :::::l D) 0 :::::l " S" -I .... ., lO -. m 0 ~ ::0 ::I e- tn 0 0 ~ N o 161 Fiala Halas Henning Coyle Coletta COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 AM., THURSDAY, SEPTEMBER 21,2006, AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION (CDES), CONFERENCE ROOM 609/610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA: ;';," ,,'" "',( i'~ 'i.,;~-: "':.1n C>"'3 AGENDA NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - AUGUST 3, 2006, REGULAR MEETING; AUGUST 17, 2006, REGULAR MEETING 6. BCC REPORT- RECAPS - Not Available at this time 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A Petition: PUDZ-2005-AR-8147, Vornado Development, Inc., represented by D. Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, and Johnson, P.A., are requesting a rezone from the Golf Course (GC) zoning district to the Residential Planned Unit Development (RPUD) zoning district, to allow a residential development with a maximum of 3 dwelling units per acre, or 24 total dwelling units in a project known as the Vornado RPUD. The 8:1: acre subject property is located off Palm Drive in the Glades Subdivision, behind the Towne Center Shopping Center, in Sections 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem) Misc. CorTes: Date:~ Item#:~S 1 Copies to: J Please Note The meeting location has been changed for two upcoming CCPC meetings: September 21, 2006 & October 19, 2006 Both meetings will be held at The Collier County Community Development & Environmental Services Division CCDES), Conference Room 609/610, Located At 2800 North Horseshoe Drive ~ 6 I Ie 5 August 3, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida August 3, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti Donna Reed Caron (absent) Lindy Adelstein ( absent) ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student-Stirling, Assistant County Attorney Page 1 .~. :- ~ .~~ August 3, 2006 CHAIRMAN STRAIN: Good morning, everyone. If you'll please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL CHAIRMAN STRAIN: Thank you. Paul, that was a pledge up front and close, wasn't it? And I'm not sure what I did to offend my two people on each side of me today. They're not going to be here. So I will do the roll call. Commissioner Kolflat? COMMISSIONER KOLFLA T: Here. CHAIRMAN STRAIN: Commissioner Schiffer? COMMISSIONER SCHIFFER: Here. CHAIRMAN STRAIN: Commissioner Midney? COMMISSIONER MIDNEY: Here. CHAIRMAN STRAIN: Ms. Caron is not here today. Commissioner Strain is here. Commissioner Adelstein is not here today. Commissioner Murray? COMMISSIONER MURRAY: Here. CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Here. CHAIRMAN STRAIN: Commissioner Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Mr. Adelstein, by the way, is not here today, for those you that weren't here Tuesday, because he is now I think it's a sixth-time grandfather. He's got another granddaughter, actually. So he's very happy and with his family. Item #3 ADDENDA TO THE AGENDA With that, we'll get into the agenda. Is there any addenda to the agenda? I have one under new business. Based on some of the discussions that we've heard during the LDC meeting, it is obvious we are lacking information. So under new business, there will be a discussion about needs from staff for further information to help this board understand what is going on in this county. And I'll bring that up under new business. Item #4 PLANNING COMMISSION ABSENCES Planning commission absences. We have a -- we're going to continue today's meeting -- well, today's meeting will be adjourned and we're going to reopen the continuation of the LDC amendments this afternoon, sometime after 1 :00. I'm hoping that at least five of us will be here for that. I know some of you Page 2 161 1 C S August 3, 2006 didn't expect the day to be necessarily long, but we need to get the LDC amendments completed. And we have the 8th of next week scheduled for that and the 9th. But it would be nice with some help today to finish up on the 8th. So we'll continue that meeting this afternoon. COMMISSIONER MIDNEY: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MIDNEY: I won't be able to be here on the 8th or the 9th. CHAIRMAN STRAIN: Hopefully, we're not going to need the 9th, but is everybody else planning on being here on at least the 8th? COMMISSIONER MURRAY: The 8th, yes, but not the 9th. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And Mark, in terms of absences, I may have a problem with the Copeland meeting, so -- CHAIRMAN STRAIN: And that's maybe under -- well, maybe right now we might talk about that. That is the 17th. It will be in Copeland. It will start at 5:00, is that-- MR. BELLOWS: 5:05. CHAIRMAN STRAIN: 5:05. And following that meeting, we will continue the remaining LDC amendment for the Copeland area to convenience the people in Copeland that evening as well. So it will be maybe a lengthy evening, because there's going to be the rezoning of Copeland and the amendment for Copeland, and I'm not sure the extent of the turnout. But we're going to be there to listen to the residents and try to figure out what's going on there. Ray, a lot of our attendance is going to be contingent on the county helping us get there. MR. BELLOWS: Yes. We reserved the van, and we also have a Taurus also. So we have two vehicles that will be car pooling. CHAIRMAN STRAIN: Okay. I think the most logical place will be to pick us up down here in the parking lot where we have our reserved parking? MR. BELLOWS: If you'd rather do there instead of our CPSI. CHAIRMAN STRAIN: Oh, I'd rather do here. We're used to being here and I think we can probably gather here a lot-- MR. BELLOWS: Sure. CHAIRMAN STRAIN: -- simpler without getting lost over in your larger building over there. MR. BELLOWS: Okay. CHAIRMAN STRAIN: So the pickup point will be downstairs in the parking lot where our reserve parking spaces are. At what time? It's at least a 40 or 45-minute drive. So I think we'd want to leave by 4:00,4: 15. MR. BELLOWS: I'd like to leave at 4:00, just to make it safe. CHAIRMAN STRAIN: Okay. So at 4:00 on the 17th we'll round up a meeting in the parking lot if you want a ride to Copeland. Otherwise you're there on your own. And Ray, is someone going to provide directions for those people that may want to drive? MR. BELLOWS: We'll e-mail those out. CHAIRMAN STRAIN: Okay. If somebody is not going to be there in that meeting -- Mr. Midney won't be there on the 17th. Brad, you may not be there? COMMISSIONER SCHIFFER: I may not be, but -- and it's due to something I have to do Friday, which would make it difficult to get to. CHAIRMAN STRAIN: Only thing is I want to make sure we have a quorum. Russell, will you be able to be there? COMMISSIONER TUFF: I will be there on the 17th, but I won't be there on the 8th. Page 3 ll~ I ;~ i' "':' ,. ...,.,.. ~~....L";" 1 n.,-- l I. '.. f ,- ..,. u./ August 3, 2006 COMMISSIONER SCHIFFER: Is the 17th an evening? CHAIRMAN STRAIN: If you want a ride, we'll be downstairs at 4:00. If you want to drive, you'd better leave by 4:15. COMMISSIONER SCHIFFER: But I'll be here in the morning. We have a meeting here in the mornmg. CHAIRMAN STRAIN: No. COMMISSIONER MIDNEY: Oh, we don't? CHAIRMAN STRAIN: No. We only have the meeting in the evening. COMMISSIONER SCHIFFER: I'm glad you told me that. CHAIRMAN STRAIN: You could have been here. COMMISSIONER SCHIFFER: It would have been lonely. CHAIRMAN STRAIN: Bob, are you going to be able to make it on the 17th? Both Bobs. COMMISSIONER VIGLIOTTI: Yes. COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Mr. Kolflat, will you be able to make it? COMMISSIONER KOLFLA T: Yes. CHAIRMAN STRAIN: And I certainly will, so that's five of us. And hopefully Mr. Adelstein and Ms. Caron will make it as well, so at least we have a quorum. And Ray, as far as the court reporter goes and the video, I would assume if you feel those are required, you're going to make those arrangements. I did make a note to Mr. Schmitt that maybe -- and I think I copied you with it, and maybe for that evening to convenience the court reporter we could do minutes instead of a transacted report. MR. BELLOWS: Yeah, I have one of our staff people working on that and I'll double check. I'll get back to you before the meeting. CHAIRMAN STRAIN: Okay. Because I think it's going to be -- including the drive, it will be a rather late and long evening. COMMISSIONER TUFF: Would you recommend snakeskin boots? CHAIRMAN STRAIN: For you? Maybe one of those ball and chains they put around your feet. Okay, well, that will take care of our next meeting. Item #5 APPROVAL OF MINUTES - JUNE 5, 2006, REGULAR MEETING The approval of the minutes of the June 15th regular meeting. Is there a motion to approve or correct? COMMISSIONER MURRAY: So moved. COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Move to approve? COMMISSIONER MURRAY: Move to approve. COMMISSIONER VIGLIOTTI: And I'll second. CHAIRMAN STRAIN: Motion made by Commissioner Murray, second by Commissioner Vigliotti to approve. All those in favor? COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. Page 4 ! L :85 August 3, 2006 COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Thank you. Motion carries. Item #6 BCC REPORT - RECAPS Ray, do we have any BCC reports? MR. BELLOWS: Yes. The Board of County Commissioners met on July 25th and they heard and approved the PUD amendment for AR-8833, and that was approved 5-0. The PUD extension for AR-9571 was approved 4-1. CHAIRMAN STRAIN: Ray, could you tell us the names ofthose? I don't remember the numbers. MR. BELLOWS: Unfortunately I don't have the names on this particular list. CHAIRMAN STRAIN: You don't remember the names either, right? MR. BELLOWS: No. CHAIRMAN STRAIN: Thanks for the numbers. MR. BELLOWS: They were two PUD extensions that were approved. That's all I know. CHAIRMAN STRAIN: That's it? Thank you. Chairman's report. I have plenty of comments that I added under my agenda item when we get to that. MR. BELLOWS: There was an administrative determination of an appeal of -- that was for the ASGM. That was also approved 5-0. CHAIRMAN STRAIN: That was in today's paper, but that was done last week. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Okay, it's punctual. MR. SCHMITT: Can I correct the record? Sorry, Ray. Joe Schmitt, your administrator for community development, environmental services. Actually, the administrative appeal was never heard, it was withdrawn. The appeal -- or the extension, which was actually not an extension for the ASGM business park, it was an agreement to basically toll the clock based on federal and state permitting. So in essence what has happened -- and I don't have the date, I can't remember, but the board did agree that in fact the time that has, I guess, basically expired or -- for state and federal permitting would not count against the actual time for the PUD expiration. CHAIRMAN STRAIN: Is that -- to get that extension, is the applicant or applicants in the future required to go to the BCC each time? MR. SCHMITT: Yes. We have very clear guidance that this was not a decision that would be made by staff, that the materials would be brought forward to the Board of County Commissioners, and the Board of County Commissioners would then make the determination that the information -- or the claim had merit. CHAIRMAN STRAIN: Do you -- I mean, I know you know the Corps permitting. Page 5 '.J,,__ 5 August 3, 2006 MR. SCHMITT: Yes. CHAIRMAN STRAIN: That's where you're from. MR. SCHMITT: Yes. CHAIRMAN STRAIN: And you know it's gotten extremely lengthy nowadays. South Florida is not quite as lengthy but cumbersome to begin with. Maybe rightfully so. I'm not getting into that part of it. But if that's the trend, how are any of our PUDs going to meet their sunset provisions without having to now come to the board all over again. MR. SCHMITT: And that's a very good point. Staff recognizes three years is not sufficient for a PUD, that we ought to come back to the board with an amendment for at least five years. Most of the properties today, as you probably all well know, are properties, frankly, that were bypassed by other developers. Now it's certainly more -- CHAIRMAN STRAIN: Onerous. MR. SCHMITT: Well, it's more -- well, it's at least deemed to be profitable now to go after some of those properties that had environmental issues in the past. And as Mr. Strain points out, the federal permitting can take 18, 24 months. CHAIRMAN STRAIN: Easily. MR. SCHMITT: Easily. Between public meetings and other agencies involved. And the state permitting can take anywhere from 12 to 18 months. And we recognize three years is not sufficient for the life of a PUD. And staff will probably ask board for direction, but we'll probably bring back a proposal to change that to a five-year -- minimum five-year life span, similar to what exists with the PUDs before 2001. CHAIRMAN STRAIN: It would seem practicable. Otherwise, the BCC is going to be in a position of rehearing every -- MR. SCHMITT: Right. CHAIRMAN STRAIN: -- single one again all over, and I'm not sure that's going to be productive. MR. SCHMITT: And we're going to look at some of the criteria as well. We think that we can develop criteria that would allow staff to basically make that determination that the clock has been tolled. If the application's there, just as what they submitted for ASGM business park, it was a very detailed record and dossier of the time that had been expended going after the permits. And I think with that we could propose with the board, as long as there's substantial proof that we could -- staff could make that determination. But the guidance from the board was that they reserve the right to make that determination. CHAIRMAN STRAIN: Okay. Thank you, sir. Item #8A PETITION: BD-2005-AR-8289 Okay. With that, I believe we can go into advertised public hearings. The first one today is Petition BD-2005-AR-8289, Ricardo Andisco, represented by Turrell & Associates, requesting a 21-foot boat dock extension. For all those wishing to speak: in this matter, please rise and be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Any disclosures from the planning commission? (No response.) Page 6 16' 1 t.;5 August 3, 2006 CHAIRMAN STRAIN: Hearing none, we'll proceed with the presentation by the applicant. MR. ROGERS: Good morning, Commissioners. For the record, my name is Jeff Rogers with Turrell & Associates. We're here today representing, as you know, Ricardo Andisco at 185 Bayfront Drive, in Little Hickory Bay, as shown on the aerial that was just passed out by Rocky. We are here today requesting a 21-foot boat dock extension due to insufficient water depths on-site. Our proposed design will not impede navigation or interfere with the use of neighboring docks due to the site's location. The site is off the marked channel, as you can see here. Right here, the site is located -- right here, I'm pointing to it. Is off the marked channel where only the owner will need to access this area. We have received state and federal permits for this proposed dock. Extension is consistent with most other docks in the area, as you can see here on the aerial. I put some measurements, anywhere from 30 feet to 50 feet in Little Hickory Bay. Here is the proposed dock details. As you can see here, we have stayed away from the preserve area on the site, as requested by staff, and have extended out 41 feet with a 21- foot extension. The vessel is approximately 30 feet with a draft of anywhere from two and a half to three feet of water. With this 21- foot extension, we have reached sufficient water depths, and applicant Ricardo can access his boat in and out at low tide without any problems. It's off the marked channel, as I stated before, and there will be no through traffic. And due to the location and the preserve next to the site, there will be no boat traffic passing southward, heading southward down through Little Hickory Bay. The marked channel nms off to the right -- marked channel heads out to the middle of Rookery Bay, which is heading east and then south through Little Hickory Bay. If you have any questions, I'm here to answer any questions that you have in regards to this proposed dock. CHAIRMAN STRAIN: Mr. Ko1f1at, I would be disappointed if you didn't have questions today. COMMISSIONER KOLFLAT: I just have a few. First off, the riparian line is perpendicular to the shoreline, rather than extending to the property line. Is that normal practice? MR. ROGERS: Is that what? I'm sorry. COMMISSIONER KOLFLAT: Normal practice to use that as the riparian line, rather than have the property line? MR. ROGERS: Well, you take -- from the property line we just extended it out parallel to the center of the marked channel or center of the channel that he's going to be using. So perpendicular from the property, straight out into the center of the channel. As you can see, there's a mangrove island located just east of the site which, you know, is 25 percent of the -- our protrusion is 25 percent of the waterway exactly, but due to the mangrove island that will never be built on, you know, the measurement could extend thousands of feet outward. And 25 percent is exact just because of the mangrove island. COMMISSIONER KOLFLAT: Looking at your site survey here also, the distance to that mangrove island is listed as 132 feet, not 164. MR. ROGERS: The 164 feet came from the mean high water line. It's a mangrove island, and the water goes up through the roots of the mangroves and the mean high water extends further out than the actual fringe line of the mangroves. COMMISSIONER KOLFLAT: What is the height of the 132 distance then? MR. ROGERS: Thafs to the edge of the fringe line of the mangroves. Then the mean high water line extends up further into the roots of the mangroves. Page 7 ~ /! .; r~ 1.~ h 7.::. :~'''7- Ie August 3, 2006 COMMISSIONER KOLFLAT: Now, the shore point that you measured for that 41-foot protrusion MR. ROGERS: Yes, sir. COMMISSIONER KOLFLA T: -- what determined that? In other words, you could go up along the shore one direction or the other and there would be a different protrusion. MR. ROGERS: We wanted to take the measurement that was the most extended, most restrictive point. As you can see, the property curves inward, down as you head south. It curves in. And that's -- from that point where that measurement was taken we thought was the most restrictive point and the best area to measure it, due to where the boat lift is itself and where the property begins to curve in. COMMISSIONER KOLFLA T: That's all the questions that I have. CHAIRMAN STRAIN: Anybody else have any questions? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: And I'm with Mr. Kolflat, the riparian line -- and we've discussed this before but I've researched this since then, how do you come up with that angle? MR. ROGERS: We just took it parallel to the shoreline. COMMISSIONER SCHIFFER: I think you mean perpendicular. MR. ROGERS: Perpendicular, sorry, sir. Are you talking about the riparian line to the north or the riparian line to the south? COMMISSIONER SCHIFFER: The riparian line to the south is an extension of the property line, which I kind of always thought a riparian line would do. In our code I know we have two sections. And Rocky, you said you helped write it. I went back and researched it, it was the 2001 change, correct? MR. SCOFIELD: The riparian lines are always measured perpendicular to the thread of a channel is how it reads, which is the center -- if you take a channel, however it meanders or wherever it goes, and draw a line down the center of it, the line coming off of the property line, where the property line meets the shoreline, you take -- connect that to a 90-degree angle to the thread of the channel, and that's how riparian lines are established. So they're -- if you look at the thread of the channel and take a 90-degree off of that line perpendicular to the thread of channel and go connect wherever it goes to the property line -- excuse me, Rocky Scofield for the record -- and that's how riparian lines are established. COMMISSIONER SCHIFFER: Now, when I read what the ordinance says, it says you can do it the normal way, which gives me the impression there is a normal way. Or if the shoreline is regular, meaning a straight line in a bulkhead thing, you measure perpendicular from that shoreline. If the shoreline's irregular, meaning, let's say, a wavy shape to it, and you can't find the perpendicular from it, then you measure perpendicular to the thread of the channel. MR. SCOFIELD: Right. COMMISSIONER SCHIFFER: But here's the problem I'm having on these lots, and the next one we're going to have a longer conversation about it, is they always seem to go across the neighbor's land. They never -- you know, this project, as you see it, it's feathering out to the right. I don't see how it's even perpendicular to where the thread of the thing is anyway. There is no thread. If you look it up on the visualizer, the channel is actually shooting parallel with the channel. MR. SCOFIELD: Well, the shoreline -- actually, where this project is, there is no channel. COMMISSIONER SCHIFFER: I agree. MR. SCOFIELD: There is no channel over there. And so we just kind of went with -- if you follow the curvature of the shoreline. If you were to imagine a channel coming in front of this person's property Page 8 . 61 1 1 C 5.ugust 3, 2006 and around there, you draw a line kind of mirroring the shoreline, and you draw a line out there. We're still over -- we're 17 and a half feet away. If you were to straighten the line out, you might be -- you know, it would be close to 15 feet. But there's no -- we're currently -- we have -- we're doing the work for the owner next door. His dock is all the way around on the inside. He's aware of what's going on here. But, you know -- COMMISSIONER SCHIFFER: That's not what I'm concerned about. Because what you've actually done -- and you've really done it because of depth, I understand it, I can see that on the chart why you're hooking up around. But you're kind of getting in the way of your neighbor's view. And that's kind of why, you know, these things come before us for that reason. If you look at the code, it does say that the riparian line has to be equitable for both property owners. So I think cutting in front ofthe neighbor's property isn't that equitable. . MR. SCOFIELD: Well, you're only talking a matter of a couple of feet. This dock does not come into the view play of this owner, the way his lot lays out. We've already laid out a dock for his lot. He's aware of the situation. You know, his house is going to be facing on that lot to the northeast, and they usually landscape, and they won't even be able to see this dock at that point. I mean, there's no complaints from the neighbor that's going to build on that lot. COMMISSIONER SCHIFFER: Okay. I mean, I'm -- I think you have to put the dock there because of the water level. MR. SCOFIELD: We have to. It's a dead end. If you look at the overhead and you see the sandbars, that's just a -- it's a little tiny cove there. It's the only place really the dock can go. We did have it a little bit different before. The staff said we had to move it because of the preserve area. So we had to actually lengthen the walkway out and move it down some. But that's kind of where it has to go. COMMISSIONER SCHIFFER: All right. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: I have one question, and that is do you have any document you provided us that shows the setback? MR. ROGERS: That shows the setback? CHAIRMAN STRAIN: Right. MR. ROGERS: That shows the upper setback, the north setback. Would you like to see the southern setback? The southern one is 61.4 feet. CHAIRMAN STRAIN: No, the north setback, where does that show that? MR. ROGERS: Just above it. See the riparian line to the north? CHAIRMAN STRAIN: Yeah. But I mean, where's -- the setback isn't measured from the riparian line, it's measured from the property -- extension of the property. MR. ROGERS: The setback is-- CHAIRMAN STRAIN: Or is it measured -- maybe staff can clarify it. MR. ROGERS: It's measured from the riparian line, right here. CHAIRMAN STRAIN: Because I'm looking at the code and it shows an extension of the property lines for the setback measurement. I have it right here. But I guess staff can comment on that then. Okay, my last question is you have an easement on the property next door with a cul-de-sac, and the cul-de-sac doesn't reach the property that you're asking for a dock on. The dock needs to have a principal structure, I believe, unless it's a boat dock lot. And those are a life of their own. How are you going to get the road over to -- Page 9 \b\ \JC l* ~:August 3, 2006 MR. ROGERS: The easement has been taken care of. There was an easement for this property onto the -- for the property to the north. He was going to have to put his dock on the property to the north. But the easement was taken care of by attorneys. The only easement that still remains now is the driveway easement, an access easement for this property from the cul-de-sac onto his property. CHAIRMAN STRAIN: This property that the boat dock's in front of, the one in the blue lines on our aerial, you are going -- that is a property that's going to have a house built on it? MR. ROGERS: Yes, sir, they're both. CHAIRMAN STRAIN: Okay. And you believe there's an easement for the house to have access? MR. ROGERS: Yes. There is an access easement only now. There was -- for the road. There was a dock easement that was done with due to this new design and the conditions as is on-site. They decided to put the dock here and it would work with staying away from the preserve. The preserve was the main issue on this site with staff. Once we complied with their request, the easement was no longer necessary and was taken away. The only easement still remaining is the access easement from the cul-de-sac. CHAIRMAN STRAIN: Okay, the preserve area that's shown in the gray area on the black and white seems to be on this aerial that you just had on there where the filled area is, is that -- why are we preserving a filled -- a disturbed area? MR. ROGERS: This was a preserve area that was logged on with the county, that was their preserve. We just complied with their requirements to stay away from the area. I'm not sure why they decided to preserve a little fill area on this site. You know, it's a mangrove shoreline. Over time it will, I'm sure, grow back if it's left alone. And annual trimming will probably be done to the mangroves. And other than that, we have been requested to stay away from it and let it be, and hopefully it will start flourishing and be back into a full mangrove forest. CHAIRMAN STRAIN: If you move further to the south on your aerial, you've got areas that are undisturbed. MR. ROGERS: Yes, sir. But due to the insufficient water depths, this is really -- if you look on the survey, if you stay 10 feet away from the preserve and extend out as we are-- CHAIRMAN STRAIN: You're going somewhere I'm not. MR. ROGERS: Okay, sorry. CHAIRMAN STRAIN: If you have natural habitat to the south or natural foliage and it's undisturbed, why would that be a better place to put a preserve than over the areas that have been filled and degraded? MR. ROGERS: The area to the south on the aerial--let me show you. CHAIRMAN STRAIN: I know the preserve is not the subject of to day's meeting, but you went to great lengths to work around a preserve that doesn't make any sense. MR. ROGERS: That was a -- MR. SCOFIELD: For the record, Rocky Scofield. Joyce might be able to answer some of these questions for you. That -- when these subdivisions were platted up here, Southport, Bayfront Gardens, they're conservation easements. And then in spotted areas there were preserves. These preserves, a lot of them were established natural vegetation or wetlands. They're spotty preserves, not to be confused with conservation easements around the shorelines. All's we know is what was platted, you know. Whether it's disturbed or not is not -- you know, we have no control over that. We just have to stay away from platted preserves. Page 10 1$ '}L, ~. 5 August 3, 2006 CHAIRMAN STRAIN: Do you intend to put the boat dock in without the house? MR. SCOFIELD: You can't. CHAIRMAN STRAIN: I wanted to make sure we understood that. MR. SCOFIELD: To answer your question. CHAIRMAN STRAIN: So your answer was correct. Thank you. MR. ROGERS: I know the permits for an upland structure is in the works right now. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yeah, Mr. Chairman, I don't think these have been introduced into the record, have they, these two documents that were given us? CHAIRMAN STRAIN: I had them in my package. Are they different than what's in our package? MR. SCOFIELD: They shouldn't be. COMMISSIONER KOLFLA T: The colored ones? MR. ROGERS: The colored ones I brought along for you guys to look at. COMMISSIONER KOLFLA T: Just today. MR. ROGERS: Just today, yes, sir. COMMISSIONER KOLFLA T: So they were not in our packet. MR. ROGERS: The two new aerials that were handed out today are new. CHAIRMAN STRAIN: Do you want to make a motion, or -- COMMISSIONER KOLFLAT: I move they be introduced into the record. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: Second by Mr. Midney. Motion made by Mr. Kolflat. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER KOLFLAT: And then Mr. Chairman, I also suggest that in the future, why couldn't we get these with our packet rather than have them delivered at the last moment while we're in session, because there's information in here that's not in the proposal. CHAIRMAN STRAIN: I'm sure that they'll endeavor to do that, as they have in the past. This one seems -- MR. ROGERS: We can provide them with our application to the staff in the future. CHAIRMAN STRAIN: Okay. Do we have a staff report? MS. ERNST: For the record, I'm Joyce Ernst from zoning and land development review. Now of course this is -- this property is located in Bayfront Gardens, which is part of Lely Barefoot Beach. And you can see that it's at the end of Bayfront Drive. And the property to the north is undeveloped. To the south they're preserves. So based on this, staff feels that this boat dock extension will not have a significant difference on any adjacent neighbors. Now, the preserve -- when this development was platted years ago, apparently there was a preserve there. It was wetland -- it was heavy mangroves. And through the course of time it seems like somebody had cleared that property. Page 11 .. 0/ l~ -1 . ,L ".'~''iJ lL August 3, 2006 Now, Mark, I had asked environmental the same question about, you know, that property being cleared there, because I had gone to the site. And they said that, well, you know, basically the same thing, that it was there when they were -- there were mangroves there, heavy mangroves there when it was platted and, you know, over the course of time things change, and somebody more than likely had gone and cleared some of that. And I think it may be part of their building permit that they have to replant that, I don't know. But it is a platted preserve. For them to vacate that platted preserve, they would have to go through an awful lot, including going back to the state. So a recommendation was to have access to the dock south of the preserve and extend over in front of the preserve. This way they would not go into the preserve. They did not have to vacate that preserve. Because if they vacated it, they would have to mitigate and have a preserve somewhere else on their site. And so this was -- you know, a long drawn-out process, and this turned out to be a much quicker solution to that issue. CHAIRMAN STRAIN: And Joyce, I appreciate your explanation, but if it's a platted preserve, it's a problem that people destroy that everywhere in this county. I mean, I've seen all kinds of trouble raised over those issues. Even areas where they've cleared that aren't platted, people's properties, they make a mistake and clear one tree too much. Now this you've got a platted preserve that was cleared and filled. Not only that, you've got a platted preserve that has mangroves on it. Now that mangrove destruction I thought elevates something to a higher level than the local issues, because I know DEP is pretty heavy on even trimming mangroves, well enough filling them with dirt. Has anybody looked into this to see if we have another issue here? MS. ERNST: Yeah, environmental has. And I'm not sure if they put a stipulation on the building of the house on that lot that they would have to replant. But environmental is aware of it. And they have -- you know, they have looked into it. CHAIRMAN STRAIN: Okay. MS. ERNST: They haven't given any documentation as to how it would be resolved, but they are very much aware of this. Because we had several meetings. Both Rocky Scofield and myself had several meetings with environmental to try to -- you know, to work out a solution for this dock, because apparently, based on the information from the applicant, the water in front of this preserve is the deeper water, and that would be the only logical place for a dock. And so, you know, they were looking at first to -- as I say, to vacate this and to have mitigation and designate another area as a preserve. But because of all the -- you know, all the paperwork one has to go through, this -- as I said before, this was a quicker and easier solution. CHAIRMAN STRAIN: Okay. I don't mean to sidetrack your presentation, but I don't want to lose this one issue you started to bring up. That lot next door that was cleared and filled, and the lot that we're now talking about that has been cleared and filled, were the building permits issued for those lots? Because I just heard from a prior statement that a building permit basically is in the works. So if there isn't a building permit, how did any of this clearing and filling happen in the first place? MS. ERNST: For the property -- the lot north of this what you're referring to? CHAIRMAN STRAIN: Well, no, both of them. Because if you look at the aerial, the clearing and the filling has occurred on both lots. MS. ERNST: Well, when they come in for building permits for homes, environmental will look at that and it's very possible that they will have to do some replanting on those sites. CHAIRMAN STRAIN: No, no, I'm wondering how did they get to clear it in the first place? And Page 12 161 1 Cs August 3, 2006 how did they get to fill it in the first place? If you have to have permits to do these things, do you have permits for both property owners on this aerial that we're now talking about today? MS. ERNST: You mean to build a house? CHAIRMAN STRAIN: No, to clear and fill their property. MS. ERNST: I didn't look into whether they had permits for that. Typically you don't get a permit until you're ready to build, and I never saw a building permit applied for for either one of these lots. CHAIRMAN STRAIN: We've got some people coming in here today looking for some acceptance or a change to the code. They want approval of that. Well, a lot ofthe approval is going to be contingent to how they've handled themselves in regards to where they're building and what they're doing. MS. ERNST: Right. CHAIRMAN STRAIN: If we've got someone that has multiple violations on the site for not even having permits in the first place, I'd sure like to know that before we know if we want to trust them with an extension on a boat dock that they may violate that as well. So does anybody on staffhave any idea how this dirt got on that property and how that property got cleared? Is there a permit or is there not? That's the only -- and why wouldn't have staff looked at that before they even went this far with it? Especially since it was in a platted area and they were destroying mangroves, which are more of a state offense than a local offense. MS. ERNST: Well, typically it's environmental that -- our environmental section that looks at the clearing. CHAIRMAN STRAIN: Right. Well-- MS. ERNST: And they haven't said anything. You know, when they go out to review -- because they also go out and do site visits. If they feel it's been cleared, they do put stipulations that before building permits can be issued for the house -- CHAlRMAN STRAIN: Joyce, I know all that. But the answer to my question isn't being provided, and I know you may not be able to provide that, is what it boils down to. We're going to take a break at 10:00. If we were to continue this until you got -- got to the break, got to a phone and called somebody in environmental to answer this question, that might help me understand this project better. Without that question, I certainly am not in a position where I feel I can fairly vote on this. Maybe the others can, but that's my issue, and I'll wait to hear from the others. Rocky seems to have -- anxiously wanting to say something. MR. SCOFIELD: Rocky Scofield, for the record. Mark, excuse me, there's only a -- I have a plat map here showing the preserve. I know what you're seemg -- CHAIRMAN STRAIN: You'll need the speaker, Rocky. MR. SCOFIELD: Okay. This is the lot right here. Lot 33. As you can see, this little dotted area right here in the comer, that is the preserve, platted preserve area. Extends across on this other property. The mangroves have not been disturbed on this. Preserves encompass protected species or wetlands or vegetation. It doesn't have to be mangroves. The shoreline has not been disturbed. And if you look at the aerial, this little area, there may be a fringe of it that is disturbed, but it appears that most of this area was not, and certainly not the mangrove shoreline. None of that has been disturbed. The fill comes right up to that, if you look at the aerials. And I believe -- I'm not sure exactly what that measurement is, but it's pretty much close to being intact. And that may be infringed in there a little bit. And if that is, what normally happens at the environmental level, prior to permitting a house permit, then they would go in there and that area has to be Page 13 161 11.1) . u kugust 3, 2006 staked. If it is -- if it has been impacted, then those areas, normally they have them restore it to whatever was in there, whether it was Spartina or other grasses. But it is upland. The mangrove shoreline has not been disturbed in that area. CHAIRMAN STRAIN: While we're on it, I have two questions in response to you. But the first one has to do with this particular drawing you've got and the dotted gold area. Is that your property line? I'm assuming this is, but I want you to tell me it is. Show me the property line. MR. SCOFIELD: This gold line is the platted mean high water line, which is the property line. CHAIRMAN STRAIN: Okay. Now, the platted mean high water line-- MR. SCOFIELD: But the actual mean high water line is -- the actual property line is the actual mean high water line. This is the platted line. Mean high water lines change over time. CHAIRMAN STRAIN: Okay. Now, could you put the diagram on that's black and white that shows the supposedly preserve area? MR. SCOFIELD: The aerial? CHAIRMAN STRAIN: No, no, the black and white. MR. SCOFIELD: Okay. CHAIRMAN STRAIN: Now, your mean high water line is the -- towards the bottom right on -- okay, now it's towards the right, right? That's the outside edge of the preserve? MR. SCOFIELD: That's correct. CHAIRMAN STRAIN: And the inside edge is where it is. Now, since the mean high water line is the property line. MR. SCOFIELD: That's correct. CHAIRMAN STRAIN: The plat you showed me indicates that is the property line. Can you put the aerial back on that has the two lots on it, with your rendition of where the boat dock is going. See that blue line? No, that's the right one. MR. SCOFIELD: Okay. Yes. CHAIRMAN STRAIN: I don't see it. Could you slide the picture over so we all can see it. There you go. See that blue line? MR. SCOFIELD: Let me zoom in on that. This area, there is vegetation all the way up in this area right here. The shoreline is undisturbed. You know, the back side, the most landward edge of that preserve may be partially impacted and filled, that's correct. The mangrove shoreline has not been disturbed. CHAIRMAN STRAIN: Okay. Well, then -- that's fine. Let's just stop right there for a minute. Can you tell me if there is a permit to have done that work, to fill and clear that property. MR. SCOFIELD: I can't tell you that, Mark. I would guess no. CHAIRMAN STRAIN: The property to the north, you said that's your client as well? MR. SCOFIELD: Yes. Well, they were. They've changed owners. CHAIRMAN STRAIN: Do you know at the time that you were representing that property owner if they had a permit to clear and fill that? MR. SCOFIELD: No, when we were hired, that's how it looked. Those aerials are -- those aerials are '05, so it was done sometime before that. CHAIRMAN STRAIN: So back to my original question. Nobody knows as of right now if there's any permits to clear and fill those two lots? MR. SCOFIELD: No. CHAIRMAN STRAIN: Okay. For my part of this, I certainly think that's an issue to understand, because if they've cleared and filled without permits, I'm just wondering why we would be in a mindset to think they deserve any addition to a boat extension before we even got the issue cleared up that may be Page 14 1 5 August 3, 2006 illegal to begin with. MR. SCOFIELD: Yeah, I'm not sure if there's fill on these lots or not, I'll have to check. It has been cleared, as you can obviously see. CHAIRMAN STRAIN: Okay. I'll let Joyce try to finish her presentation and planning commission can make a decision where they want to go with it. MS. ERNST: I briefly talked to Laura Royce, she's in environmental. And she just told me that -- I will have to verify this through Barbara, but more than likely it was cleared illegally. And what they do in their department is they don't hold up the boat dock extension, you know, approval with this issue. They do it at the time of building permits. And at building permit time, they put stipulations regarding mitigation, regarding replanting of that site and maybe even removing some fill. But if you want, I will be able to -- you know, if you want to give me a break and I can check with Barbara Burgeson as well. CHAIRMAN STRAIN: I'm just looking for consistency in the way the citizens of this county are treated. I can tell you, there are many, many occasions where people are being cited for clearing illegally. They're not cited and then said well, we're not going to bother -- you're not -- it's not discovered and then said, well, you know, you cleared illegally but if you ever want a building permit, we're going to make you fix that. That's not the way it's done in this county that I understand. Why is it being done differently in this case? MS. ERNST: I know I had another boat dock extension where they also put the stipulation on the house permit and not the dock permit. This is the way that the environmental reviews these, because they feel, I guess, they're not doing any upland work, so they would put the stipulation when they build the house. Because I guess until they know where the house is going and what they have to replant -- because they may tell them to replant something and then they have to come in for another removal permit. So that's done at the time of the building permit. CHAIRMAN STRAIN: And Joyce, I'm not disagreeing with the things you're saying, I just find it hard to have these different levels of enforcement. I think that's kind of interesting in this county when there's so much said about -- MS. ERNST: They can't get the dock permit -- CHAIRMAN STRAIN: We've got to talk one at a time, so-- MS. ERNST: Oh, I'm sorry. CHAIRMAN STRAIN: -- when I finish. We have a lot of things that are done in regards to enforcing our clearing codes. They don't all seem to be contingent upon applications for permit, so -- but I'll let you go ahead. MS. ERNST: Well, they won't be able to get the permit for the dock until the house permit is issued. And so because of that, before the house permit is issued that's when their department will rectify any issues they have with illegal clearing. CHAIRMAN STRAIN: Thank you. Had you finished your presentation, or did I get off on a tangent before you got through? MS. ERNST: Well, what else I wanted to say is that, you know, because of the location of the dock, staff feels that this will obstruct the channel with boats going in and out. And I have not received any comments for or against the project. It complies with all the criteria and, therefore, staff has recommended approval. CHAIRMAN STRAIN: Are there any questions of staff at this point? Mr. Schiffer? Page 15 161 1 (l '1 ~'t. tJ August 3, 2006 COMMISSIONER SCHIFFER: Have you heard from the neighbor to the north of this? MS. ERNST: You mean the undeveloped property? COMMISSIONER SCHIFFER: Correct. And they've been notified properly, and -- that they had the right to object and they didn't? MS. ERNST: Yeah. COMMISSIONER SCHIFFER: How do you think we calculate npanan lines? Are you comfortable with -- MS. ERNST: Yeah. Uh-uh. I believe -- COMMISSIONER SCHIFFER: Based on what, though? MS. ERNST: We leave it up to the experts, because we're not really versed in how to do it. But from what I understand for this type ofa lot, you take it perpendicular, is that right, with the shoreline. COMMISSIONER SCHIFFER: Okay. Anyway, we'll talk about -- probably on the next one. And you're comfortable this is a buildable lot, the easement works and everything? I mean, it's -- MS. ERNST: Yeah. In fact, there was -- there was at one time a larger right-of-way easement to the site, which really didn't affect this lot, but affected the lot to the north. And that easement was vacated and then another easement was drawn up. And in fact, this lot, because of all the mangroves on it, they also -- and this was just worked out with attorneys, they had created a dock access lot -- a dock access on the north lot for this -- for a dock on this property. And we had told them that we can't issue a dock for this lot off of somebody else's lot. But that's all to do with the lot to the north and it really has nothing to do with this lot. COMMISSIONER SCHIFFER: And when the access easement's revised, does that go through a staff review at all? Because my concern is that you're coming through a 20-foot throat 15 feet deep. You're never going to get a fire truck to make a turn into this place. So, I mean, is that a buildable lot? Because you probably don't have proper access. And I'm assuming the property line to the left of that is to the cul-de-sac, it is part of the right-of-way, correct? MS. ERNST: I'm trying to figure out what you're talking about-- COMMISSIONER SCHIFFER: Well, you can see the way the easement's dotted on the visualizer. MR. SCOFIELD: That easement's gone. COMMISSIONER SCHIFFER: That easement's gone? So how do people access the site then? MS. ERNST: There's an easement right down through here. I think this -- it comes up this way and goes down to this property. I believe there's a survey in the packet -- COMMISSIONER SCHIFFER: Right, that's what I'm looking at. MS. ERNST: Well, I don't think it shows that whole easement. COMMISSIONER SCHIFFER: But there's a preserve area on the easement, so there's like a 20- foot gap that the people can access, and it's 15 feet wide. And Rocky, when you say that easement's gone, what does that mean? MR. SCOFIELD: For the record, Rocky Scofield. Jeff got into it a little while ago. I know it was confusing. There's two easements. And this drawing for some reason, you know, that shouldn't have been shown like that. That easement right there was originally granted to this lot in order for this man to have access across that guy's lot to build his boat dock on the inside over there. That easement has been -- that easement is gone. The other easement coming into this property, the only thing that remains -- I'm sorry, I stand corrected. That is the easement -- there was an easement just to the north of that. You have it on there? COMMISSIONER SCHIFFER: I think you got it the other way around. MR. SCOFIELD: I did, I'm sorry. I stand corrected. That easement remains. That is the access Page 16 1(...:" '>\"",,~ ~ I; ...,.......i .., August 3, 2006 into his property coming in from the cul-de-sac there. The other easement to the north of that, there was one there, which is gone now. That was a dock easement which they vacated. COMMISSIONER SCHIFFER: We don't need to see that. That thing on the visualizer is history. So let's go back to what we actually have. That's not showing where the easement is. MR. SCOFIELD: It's on there, but it's hard to see. COMMISSIONER SCHIFFER: And orient it I think to the north so it's -- MR. SCOFIELD: Oh, I'm sorry. COMMISSIONER SCHIFFER: Now, if you see -- the concern I have is first of all, Mark, they did a lot more damage knocking out the preserve up at the right-of-way than they did on this site. And it looks like if that preserve's going to be rebuilt, if you zoom in on where this access is up against the right-of-way -- can you do that, Joyce? And that preserve area is shown, correct? And it's -- from the aerials that's been taken out also. I'm just -- where will they -- where will the road that accesses this site come through? MS. ERNST: Okay. The road actually -- it ends right here, the right-of-way -- you know, the Bayfront Drive. And then the extension for their easement goes down this way and then down. And that's their -- COMMISSIONER SCHIFFER: And that's my concern, going through a 20-foot, you know, dimension, 15 feet deep is not going to cut it in plat land, let me put it that way. But anyway, to me I think they've been moving the easement around. You can see there's an old access easement by plat, which makes sense because you can actually get a road in there. But just -- the concern is this has to be a buildable lot before we let them have a dock. MS. ERNST: Well, this is a private easement. It's just for this lot. And private easements, does it say how wide that is? COMMISSIONER SCHIFFER: Fifteen feet. COMMISSIONER VIGLIOTTI: Fifteen feet. COMMISSIONER SCHIFFER: A lot has to have access to a right-of-way. MS. ERNST: Oh, yes. COMMISSIONER SCHIFFER: This one has a preserve, you know, an old -- I mean, the preserve's gone. Mark's right, they creamed the preserve. But I guess it will be rebuilt. And I think -- you know, even though it's private, it still has to be accessed by our emergency vehicles and everything. CHAIRMAN STRAIN: Well, Brad, unfortunately once it's a driveway there are some less stringent requirements for things that are considered driveways. I know that, because living in Golden Gate Estates, we have driveways that aren't accessible, as last year we were indicating they need to be. Go ahead, Marjorie. MS. STUDENT-STIRLING: Thank you. For the record, Marjorie Student-Stirling, assistant county attorney. The planning commission is to be governed by the criteria in the code to grant this dock extension, and they're listed in the staff report on my Page 2 through 5. And case law tells us that a decision-making board such as this is bound to look at those criteria and those criteria only. As to the buildability of the lot, if they can't build a house on it, the dock is accessory. And whether or not they get -- if they get this extension and they can't build a house on it, then they can never build the lot until they can, because it's an accessory structure. So that's kind of independent from this. CHAIRMAN STRAIN: I knew you were going to say that. MS. STUDENT -STIRLING: And as also is the case with any violations, because there's an Page 17 161 '1 C August 3, 2006 independent way for the county to get at that and fix that as well, and I have advised this board in the past, because we have had situations where people -- property have come in that have code violations on it. But again, the courts have told us that a decision, quasi-judicial decision-making body such as this is bound by the criteria in the code and only that criteria. And to go beyond those criteria, the courts are not going to uphold it. So I just need to get that on the record. COMMISSIONER SCHIFFER: Enough said. CHAIRMAN STRAIN: I have one question also, and it goes back to the setback. Are you accepting the riparian line as the setback -- the marked point of setback? MS. ERNST: That's right. CHAIRMAN STRAIN: Under what basis in the code are you accepting that? MS. ERNST: Well, the setback for a dock has always been measured to the riparian line. CHAIRMAN STRAIN: Okay. I just was -- back to my question, because I'm reading the defmition of setback, and it says -- it lists things, and some of those things could be the riparian line. But it says whichever is the most restrictive. One detail in the code had an extension of the property line coming straight out and showing the setbacks from that. Well, it would then seem that in this case the property line would be the most restrictive if it was extended straight out from that. MS. ERNST: Well, the property line, though, is on land and the riparian line extends into the water. CHAIRMAN STRAIN: I don't disagree with you, but I'm just going by what was in the diagram that I saw in the code. So you're comfortable that -- and the riparian line is what we've used as the -- MS. ERNST: Yeah. CHAIRMAN STRAIN: -- consistent basis-- MS. ERNST: Under the boat dock section, it does say that you measure your setback to the riparian line. CHAIRMAN STRAIN: Okay. Any other questions of Joyce? Mr. Kolflat? COMMISSIONER KOLFLA T: A lot of the discussion today has surfaced because of these two aerials that were submitted at this hearing. I'd like a commitment from staff that in the future on these kind of petitions that these kind of aerials will be included with the documents that are sent us, affording some opportunity to pursue these issues a little more thoroughly. MS. ERNST: I think you have a good point there, and we'll make a note of it and request that if they have any aerials like that, that they do present them prior to the meeting so you can get them with your packet. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Okay. Are there any public speakers, Ray? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing. Is there any motion regarding this issue? COMMISSIONER TUFF: I'll recommend we approve Petition BD-2005-AR-8289 with staff recommendations. COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: Motion's been made by Commissioner Tuff, seconded by Commissioner Midney. Page 18 16/ lC5 August 3, 2006 Any discussion? (No response.) CHAIRMAN STRAIN: After we make this motion, I'm going to ask staff to look into the issues of the clearing that apparently was done without a permit, and the plat and the -- platted preserve areas, and ask that they report back to us at our next meeting -- or actually, our first -- whatever meeting they can. It won't be our next one, because it happens to be in Copeland. But whatever meeting that's convenient to let us know the status of the permitting and how it's being addressed by Collier County in regards to the clearing and filling that may not have been done properly. That's my only comment. Other than that, I have none. All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, thank you. Item #8B PETITION: BD-2006-AR-9563 Next item on the agenda is Petition BD-2006-AR-9563, David L. Fuller, represented by Turrell & Associates, requesting a 13-foot boat dock extension. 689 Palm Avenue. All those wishing to testify in this matter, please rise, be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Any disclosures on the part of planning commission? (No response.) CHAIRMAN STRAIN: Hearing none, the applicant may proceed. Mr. Kolflat, do you want to make a motion to accept this material we're being handed out into evidence? COMMISSIONER KOLFLA T: I so move and hope in the future it will come earlier. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Okay. Page 19 .;,~; j-j ~ August 3, 2006 MR. SCOFIELD: Good morning. Rocky Scofield, representing -- of Turrell & Associates, representing Mr. Fuller, the applicant. I have an overhead aerial on -- an aerial on the overhead. This is the parcel on Palm Avenue, at the end of Palm Avenue in Goodland. Directly across the canal to the west over here is the Goodland Marina property and the Goodland Villas, I believe. They're built along the waterway. That aerial doesn't show, there is now a marginal dock, if you all are familiar with the area, going along the shoreline all the way up here. And boats park parallel on there. We are here today requesting a 13-foot extension into the waterway in order to moor a boat on the front of this dock. The only reason we are here today is to be able to moor a boat on the front of this dock. The dock extends at its furthest point out only 20 feet, actually 19 and a half feet, into the waterway. So a lot of docks in this situation in the past, and some still do, they can just take this permit and if it don't show a boat on the front, they can go to the building department and pull a building permit and get a dock permit. Simple as that. We are complying with the code and the BBE and all the criteria. In order to dock a boat on the front of this dock we need a boat dock extension. The applicant currently does not have a boat. The inside slip is for a flats boat, which is right up against the seawall. And he intends to get that, and whether or not he purchases a boat in the future to put on the outside, it's up to him, ifhe wants to go through that headache. So that's what the extension is here. That's what we are doing today. And I'll show you -- that's the drawing showing the dock and a 40-foot boat with a l3-foot beam on the outside. That's the largest boat. I drew in here the largest boat that he could put in there. Now, whether he gets that or not, I have no idea. As I said again, he is -- right now he is boatless. So the owner has received a permit to build on this lot. He's been over a year struggle trying to get a house permit. He has received that recently and is going to build within the next several months on this lot. So any concerns about this being speculation, he is committed and has been trying for over a year to get a house permit here. The -- go back to the aerial. That's the large arrow. You can see the position of the boat on this lot. We did receive a few letters, Joyce received some letters of concern from neighbors, mainly due to going to impede navigation. As you can see by this drawing, we are on the widest part of the fork of this waterway. There's absolutely no impediment to navigation or safety or anything like that. You can see the boat traveling in the waterway right there. There is more than adequate room. This is idle speed through this area. And again, one of the things you have to look -- and when you're looking at extensions like this, is the criteria number four says -- and it's always been a little ambiguous, and we've been through this before, but it says the width of the waterway, you cannot go more than 25 percent. Well, we're not. The actual width of the waterway. But we're measuring, the property line goes inland. And when you look at that -- well, you've got drawings there in front of you -- the property line goes inside, eight to 10 feet inside. And we have to measure all the way back in there. So that's really not even actually the width of the waterway. So we still meet the criteria for less than 25 percent. And if you just took the actual width of the waterway, we're even less than that. We're less than 20 percent of the waterway width. But that's how things are measured. And just the criteria is a little ambiguous when they refer to width of waterway. The state, we do have DEP and Corps permits. When the state looks at things like this, they have a 25 percent rule. Theirs is actual waterway width, not property lines that extend up into the property, because that's not waterway. So anyway, it does meet that criteria in that area. On the -- if you look at the waterway heading south down here where it narrows where this boat is Page 20 16 , 1 ,east 3, 2006 traveling, if you were to come out from the property line -- if you look at the seawall on this area where the waterway narrows, and if you measure out 20 feet from this seawall, you come out to the end of the boat. So from the narrow waterway, the boat and the dock together only extend out 20 feet, which is from -- you know, under the guidelines is permissible. But we're taking the most restrictive point and we're going on the inland and on the wide part of the waterway. This is just a blowup showing the dock and a large boat, the largest boat that would be possible to dock here at this dock on this property. Again, in the handouts you got, there's a survey showing water depths. There's adequate water all the way across in either direction. So there's no issue of this impeding a navigable waterway or the channel is closer to this property. It's not. It's clearly out of the main paths of anything. Now, let me put this on. Sensing earlier there may be a question on riparian lines, this is a perfect example of what we were -- the discussion we got into a little bit earlier. The riparian lines -- and go to -- perpendicular to the thread of the channel. If you -- I'm going to draw a line down the thread of this channel and you can see how these riparian lines intersect. The thing here is -- this is done by the surveyor. These are the riparian lines according to the surveyor. I tend to agree with them, because they are correct. Weare still 25 feet away from the neighbor's property, which are the state setbacks. If you go less than 25 feet to your neighbor's property, the DEP requires you get an affidavit from the neighbor saying he recognizes you're closer than 25 feet. The county rules are 15 feet. So we only have to be 15 feet away. Weare 25 feet away from the neighbor's property lines, and that is actual property lines. But I'm just going to draw a line down this part of this channel and show you how these riparian lines intersect. That's actually up here, okay? The line I drew, this is coming from the south down the narrow part. And if you turn and go into this waterway up here, that's how the thread of the channel turns. If you were to go, continue north, then it extends up this way. Now, you draw those riparian lines out, they're perpendicular to the thread of that channel. And this is a classic example, I guess, when you look at the irregular shore lines. The part that we discussed before when they come straight out, that's when you're in a nice waterway where the lots are straight, the waterway is straight, and everything comes out straight off the property lines. But this is how riparian lines are drawn. The next door neighbor over here, his riparian line would skew off to this way. So he has -- that just assures everybody the same kind of deal. It gets narrower when it gets down in the middle, back in. CHAIRMAN STRAIN: The thread ofthe channel follows the deepest part of the channel? MR. SCOFIELD: It's either the center line of the channel or in this case it's the middle of the waterway, because there's no marked channel, but the water depths are deep all the way across, so you take the middle of the waterway. CHAIRMAN STRAIN: Just so you know, your graphic doesn't fairly represent that. MR. SCOFIELD: So anyway, this -- going back to the big overhead aerial. Again, I just want to reiterate one more time, there's no impediment to navigation or view or anything else. This is very unobtrusive, the layout ofthis dock. Again, the dock only sticks out 13 feet from the seawall on the south, and on the north end it sticks out 20 feet from the seawall. That's it. As you can see up this channel on those aerials I gave you, there's docks out 20 feet with boats stacked out outside of them out to 30 and 40 feet and beyond back in this narrow channel, and we don't come close to do anything like that. If you have any questions, I'd be glad to answer them. CHAIRMAN STRAIN: Mr. Murray? Page 21 , 1 C 5 August 3,2006 COMMISSIONER MURRAY: I realize that it's a geometric issue here, and an arc is involved, and I'm just wondering about that other lot. You're saying that that person's lot will have lost a great degree of their riparian line so they will be really boxed in, so to speak. Am I correct in that assumption? MR. SCOFIELD: No, not at all. I'll draw these in dark lines. COMMISSIONER MURRAY: That's the same riparian line, right? CHAIRMAN STRAIN: Dark yellow works. MR. SCOFIELD: Does the yellow work? That would be the riparian lines for the neighbor. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, if I could jump in. Rocky, that -- first all, it's supposed to be perpendicular to the property line first, unless you have an irregular shoreline. So why wouldn't you just go perpendicular to the property line, which -- this is a platted circle, it's all going to be lines that are radians from that, so that would be -- it would be a perfect extension of the thing. I mean, let's not waste time here on it. I don't think we're doing this right and I'd like to talk to staff about it. We need some Riparian Line 101 course or something for all -- at least for the board -- at least for me. Since you're 25 feet away and 15 feet is the setback anyway, it's a wasted conversation. MR. SCOFIELD: Right, right. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Okay. We have staff report? MS. ERNST: For the record, Joyce Ernst, from zoning and land development review. And as Rocky pointed out, that this -- here, let me give you one of my aerials. The site is located where two canals intersect. And as he said, this is the widest part of the waterway at that point. The property to the south is developed with a single-family home and they have a boathouse, and of course you could see that the lot to the east is undeveloped. And because of the location of the facility, staff feels that this will have little impact on the view of adjacent neighbors. I have received three letters of objection. One of them I put in your packets. The other two were received after the packets went out. So in may, I'd like to give you each a copy of those objections. CHAIRMAN STRAIN: Sure, that would be fine. COMMISSIONER MURRAY: Won't they have to be accepted into evidence? CHAIRMAN STRAIN: Let's just wait until we -- let's just wait until we have them so we can say that we've seen them. MS. ERNST: I have stapled the two of them together. CHAIRMAN STRAIN: Thank you. Mr. Murray, we have two letters of objection. Did you want to accept these into evidence? COMMISSIONER MURRAY: I would move that they be made evidence in this matter. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Seconded by Mr. Vigliotti. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. Page 22 .'N.;.... "'1 1 t; ,Sugust 3, 2006 COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Nobody opposed. MS. ERNST: Now, the letter that you received in your packet -- right there, right there, is that property owner. And with the other letters that you received, you recently received one from Olga and Bruce Smith. I'll just show you where their property is. They're way down here. It appears to be a vacant lot way at the end ofthe canal. And their objection is that they feel that this facility will impede boat traffic in and out of the canal into Blue Hill Creek. Now the third letter of objection was from Louis and Linda Van Meter (phonetic). And I'll just show you where their lot is located. They're right here. They're just a few doors away from this adjacent site. And in their letter, they state that they feel that if the owner could dredge, he wouldn't need this boat dock extension. Now, I don't know if that's the case, you may have to ask Turrell & Associates to see if that would suffice. But from what he's saying, it doesn't seem like that would take care of the situation. And because of the location again, where the dock is and the canals, you know, with the intersecting canals it's wider at this point, staff feels that this facility will have little impact on the navigation. And again, a stipulation is added -- I always add this to the docks when there's no home on the lot, that a building permit for the house has to be issued prior to any building permit for a dock. This complies with five of the five primary criteria and five of the six secondary criteria, and therefore staff is recommending approval. Does anyone have any questions? CHAIRMAN STRAIN: No. Thank you, Joyce. Are there any public speakers, Ray? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: Close the public hearing. Is there a motion? COMMISSIONER TUFF: I recommend approval of Petition BD-2006-AR-9563 with staffs recommendations. COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Motion is made by Mr. Tuff, second by Mr. Vigliotti to approve. Discussion? My only comment is, and I'm in favor of the motion, in the future, since everyone is recognizing this board may be concerned about the riparian line and how it has come about, why don't we just show the thread of the channel on future documents that are submitted to us and it might solve a lot of problems. Having said that -- COMMISSIONER KOLFLA T: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: I had a question of the petitioner not related to this subject. Should that wait until after the vote? CHAIRMAN STRAIN: If it's not related to this subject, yes. Let's get the vote passed. Is there any other discussion? (No response.) CHAIRMAN STRAIN: Ifnot, all those in favor of the motion, signify by saying aye. Page 23 ,$..t, \~ ~~ ~)\ugust 3, 2006 COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Mr. Kolflat, you had one question? COMMISSIONER KOLFLAT: Rocky, could I ask you a question? MR. SCOFIELD: Yes, sir. COMMISSIONER KOLFLAT: You've built a lot of boat docks. Have you ever built any docks with canopies on the top? MR. SCOFIELD: You know, I watched you guys on TV the other day and I said, you know, I think I should have been at that meeting. I have not. I have not put -- I have never put a canopy when I was actually building the docks. They didn't have them back at that point. But I have seen those. And you know, if you would like -- I understand that's going to be heard again today. CHAIRMAN STRAIN: No, it's going to be heard on the 23rd or thereafter. We're starting the second round of hearings on the 23rd. Staff is supposed to come back to us with revised language consistent with what our recommendations on that were, but I can't tell you what date exactly. We will try to figure out a time certain because there are people involved in that. Maybe if you were to communicate with Mr. Kolflat and you guys can get together somehow to figure -- MR. SCOFIELD: I would be happy -- I think I'm going to be here, I can appear at that hearing, you know, to answer some questions. Because, like, I did happen to stumble across it on TV and watched the thing, the whole thing on TV the other morning, so -- and I did have comments. COMMISSIONER KOLFLAT: Well, I would urge you to counsel with some of the others in town like Sun Master and so forth that have been involved in this kind of construction, because I feel we need a lot of information on that to at least go against this amendment that we're talking about. MR. SCOFIELD: Okay. I will try to be here. And you can have my e-mail. You can contact me. COMMISSIONER KOLFLA T: You can contact others that are in the similar business with you. MR. SCOFIELD: Pardon me? COMMISSIONER KOLFLA T: You can contact others that are in that type of business in the area. MR. SCOFIELD: Okay. CHAIRMAN STRAIN: Thank you, Rocky. COMMISSIONER SCHIFFER: I'd like to go to your comment, though, and see if staff and Ray, this -- ifthere was a way that you could maybe get a little report from a registered land surveyor, you know, in Collier County to write us a report as to how to measure the riparian lines. I mean, there is code in there, and what -- I mean, there's a couple of ways to do it in the code. Rocky is picking one of the ways. It always seems to be beneficial to his sites as they fan out away from his sites. I think there's other ways in there. So I wouldn't mind -- MR. BELLOWS: Yeah, I read over the language myself. It is consistent with the language in the LDC. But you're right, there is two ways of measuring it. And how one way is decided upon another, it shows on a survey, which is certified, so staff has typically accepted that. Page 24 161 1 C"., ""August 3, 2006 But I agree, we all could use a little more information along those lines to help making these decisions, and I'll look into them and see what we can put together. CHAIRMAN STRAIN: Thank you, Ray. It would be interesting to see the day that a hired expert comes up with an argument against his client. COMMISSIONER SCHIFFER: Well, don't hire Rocky's surveyor. Item #8C PETITION: SV-2006-AR-9662 CHAIRMAN STRAIN: Okay. With that we'll move on to the next hearing. Petition SV-2006-AR-9662, Collier Regional Medical Center, represented by Trent Eckfeld of Architectural Identification, Inc., concerning a directional ground/pole and wall signs. All those wishing to speak on this issue, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Any disclosures from the planning commission members? Mr. Murray? COMMISSIONER MURRAY: I had conversation with Mr. Mastej and Mr. Eckfeld regarding this matter. CHAIRMAN STRAIN: Any others? (No response.) CHAIRMAN STRAIN: Hearing none, we'll move into the presentation. MR. MASTEJ: Good morning. Thank you for letting us be here. My name is Mike Mastej. I'm the CEO of Collier Regional Medical Center. And I wanted to start this off by -- first, I'm sure you've reviewed all of this, but to understand the reason for the request for variance and signage, and it's simply nothing more than additional signs that's been normally allowed under the ordinance, and that is that this is a health care facility. We have two entrances that go back into this property. And by the nature of the business that we will be in, we'll be having inpatient entrances, outpatient entrances. We'll have two emergency room entrances for, as I refer to, walking wounded. And the other entrance is for ambulance and emergency vehicles, EMS, fire, rescue. Additionally to that we'll have another separate building that will need to be identified. That's a woman's pavilion. And we're fortunate to be building a separate and identifiable facility for women, for labor and delivery and nursery. So that will be a separate entrance for them. Around the back of the campus is a medical office building that needs to be identifiable for patients so they can find their physicians when they go in there. So it's a little bit different than the routine commercial-type building that you're dealing with. This one needs identifiable signs so that people in time of emergency, physicians likewise, will be able to get to the quickest -- to the place, most appropriate speed and time, lifesaving, and we felt very important. Trent Eckfeld, our expert from Architectural Identification, is here, and I wanted to make the opening comments and then turn it over to Trent. CHAIRMAN STRAIN: Thank you. MR. ECKFELD: Trent Eckfeld, Architectural Identification. Working with Collier and actually also HMA, the corporation tried to take close consideration of appropriate directional signage, informational signage and the labeling of the building. As Mike had expressed, the biggest concern is obviously a health care facility that needs to get Page 25 5 August 3,2006 people quickly and adequately to the proper entrance. The signage that we have proposed, I just wanted to show real quick, there's the site plan detailing the locations of signs. It looks to appear more than what it really is. That's all of the directional signs. Mainly all of them are internal to the property. We do have two site signs which are labeling the north and south entrance. The north entrance of the property is -- as you're heading south on Collier, is left turn accessible by emergency vehicles only, therefore, needing direction down to the south entrance at Lely Cultural Parkway. And that would also have a traffic light. So the site signs -- this is the general design that we had come up with -- try to take in some elements of the building and introduce some style that's not actually typical to the HMA signs, but more unique to this facility. All of the internal directional signs, basically tried not to go overboard on the size of them but yet large enough to where people can see them in the distance, and the appropriate amount for each of the important entrances you have. In the front entrance we're going to try to make sure that we get everybody to a separate outpatient entrance, visitor entrance and emergency entrance. In addition to, on the back side of the property there's a separate -- let me go back here -- the back side of the property, which, if you look at sign location V, that's actually the women's center. So you can see that if somebody is in labor, they have a little bit of distance to travel. And we certainly don't want them going into the front part of the hospital when they need to be in the back part. Let me go back to -- this sign's actually a non-illuminated sign. We do have -- this is a little bit larger. There's only two of these that are on the property. It's an illuminated sign. We tried to illuminate a couple of the main signs that had emergency on them. This particular sign here, it's actually an architectural feature, a serpentine wall. This is the blow-up of the sign itself. The wall itself is mainly -- has been in the -- has been in the PUD since the very beginning. They had just -- and we felt that it would be a nice feature to add. These letters are non-illuminated. The wall itself is floodlit but with a lot of extra landscape features around it. These are the various blowup elevations of the separate set of building letters. Let me go to the -- this is the main set. These letters are basically a reverse channel letter that is halo-illuminated so the wall will actually light behind it, and only Collier Regional and the logo itself is illuminated. Medical Center are just aluminum letters, non-illuminated. These letters, visitor entrance, non-illuminated letters, identifying the entrance. Outpatient services, the same way. And emergency entrance, those letters are illuminated and are actually required in order for the facility to be open. In addition, all of the ground directional signs, it's clearly stated in the Florida and the -- the Florida Engineering Code basically says you have to have clear identification of and directions to an emergency room. Sorry, wrong way. Ambulances Only, illuminated set ofletters. Women's Center, these are also illuminated. Receiving, non-illuminated letters, just identifying the area. And that is actually it. And I'm free for any questions you may have. CHAIRMAN STRAIN: I have just one comment. Your Collier Boulevard -- your 951 reference, County Road 951, at the time you got your PUD it may have been that, I don't remember how far back that was, but it's now called Collier Boulevard. You may want to save yourself some money and not have to Page 26 161 1 C ~:~\August 3, 2006 change it in the future. MR. ECKFELD: We already recognized that. We're making changes. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: You're a lot easier than a boat dock. Is there a presentation? MS. VALERA: Carolina Valera, principal planner with zoning and land development review. As noted in the staff report, petitioner is asking for a variance in the amount of signs that they can have in the buildings, within the side and in the front of the property. As noted, we are recommending approval of this variance, and just wanted to add to the commissioners that you may have noticed that in the present cycle, staff is proposing an amendment to except uses such as hospitals, such as this one that we're talking about today from the amount of signs that they can have on the site. CHAIRMAN STRAIN: Thank you. And I think that's a good amendment, Carolina. Are we going to refund them the cost for them to get here today? MS. VALERA: Joe? CHAIRMAN STRAIN: That's okay, I'll let the question pass. Are there any questions of Carolina or anybody at this point? (No response.) CHAIRMAN STRAIN: Are there any public speakers, Ray? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: We'll close the public hearing and entertain a motion. COMMISSIONER MURRAY: I would move that Petition SV-2006-AR-9662, Collier Regional Medical Center PUD signage request be granted, approved and recommended to the Board of County Commissioners. COMMISSIONER KOLFLAT: Second. CHAIRMAN STRAIN: You mean recommend for approval? COMMISSIONER MURRAY: Recommend for approval. COMMISSIONER KOLFLA T: Second. CHAIRMAN STRAIN: Motion by Commissioner Murray, second by Commissioner Kolflat. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you. That was a nice, quick. We'll take a 15-minute break and come back here at 10 after 10:00 to discuss the Brooks Village. (A recess was taken.) Page 27 .~, j ,5 t) August 3, 2006 CHAIRMAN STRAIN: Okay, we'll come back to order. Item #8D PETITION: PUDZ-2005-AR-8337 The next petition is PUDZ-2005-AR-8337. Sembler Florida, Inc., for the Brooks Village CPUD. Would all those wishing to speak on this matter please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: And I thought you all were here for the boat docks. Is there disclosures on the part of the planning commission? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: I got an e-mail from Diane and Dan McClear (phonetic), from Guy and Andrea Frazier, and from somebody with the e-mail IC4U. Cut off their name. I'm sorry. CHAIRMAN STRAIN: Any others? COMMISSIONER MURRAY: Yeah. COMMISSIONER TUFF: Just normal e-mails that everybody else has. CHAIRMAN STRAIN: Mr. Vigliotti? Mr. Murray? COMMISSIONER MURRAY: Without going into greater identification, a whole bunch of e-mails. CHAIRMAN STRAIN: I think we've all received numerous e-mails. Everyone that I received is on my county e-mail site, and I don't think there are any different than the other ones stated here. In addition to those, I have had conversations with Mr. and Mrs. Lamb concerning mostly the entrance onto 11 th and the school bus issue. And I also met with the applicant and his attorney, and we discussed those two issues, as well as use issues and a few other matters that I'm sure will come out in today's meeting. Hearing that, Mr. Anderson, welcome back and we'll allow you to give your presentation. MR. ANDERSON: Thank you very much, Mr. Chairman and Commissioners. Bruce Anderson, from the Roetzel and Andress law firm on behalf of the Sembler Company. On June 15th, you all held a hearing on this project and continued it so that Mr. Filippelli from the Sembler Company and his staff could meet again with area residents to try to reach a compromise. Sembler has held two more neighborhood meetings and they invited and sent surveys to area residents, and I will ask Amber Overby of the Sembler marketing department to come up and tell you how those meetings and the surveys were done. And then I will come back up here and list specifically the changes that have been made to the project as a result of those meetings and surveys. MS. OVERBY: Good morning, Commissioners. My name is Amber Overby and I'm the director of public relations and community affairs for the Sembler Company. It is my job to assure that Sembler is fully engaged with nearby residents and potential customers in every community where we develop. We do this in a number of ways: Through direct mailings, surveys, e-mails and of course resident meetings. In the case of Brooks Village, Sembler has held four meetings beginning in November of 2005. Two of those meetings have been held since our last CCPC hearing, and the most recent was last Thursday with about 15 residents in attendance. These meetings have progressively been more productive and have really opened up the dialogue between us and the neighbors. They have also yielded significant changes to the site plan, which Mr. Anderson will go over later. Page 28 .16 J 1 ~ugUSt3,2006 Additionally, we sent out a survey to all residents on 11 th Avenue, and the survey was meant to gauge general public opinion about a commercial development on the site. Only about 25 percent of the residents responded to the survey, and it was split down the middle. Half those respondents do not want development of any kind, and the other half realize it will happen and want it done right. We then sent out a direct mailing with an attached reply card which was meant to introduce our company and our concept to those who may shop at the center. The mailing was sent out to a targeted trade area which included about 5,000 households within one or two miles of the project, depending on the direction. On the reply card we asked would you generally be in favor of this type of development at this location. So far we've received back 251 responses, or about five percent, which is actually an above-average return for a direct mail piece. 185 ofthose 251 responded yes, or 74 percent. We believe our communication efforts have resulted in positive feedback and support for our project, and we hope you've had a chance to read over some of the responses which were included as back-up material in your staff report. Furthermore, many residents have e-mailed you directly to voice their support for the project, and have recognized that Sembler has been working with them to address their questions and concerns. The neighbors requested and the Sembler Company has listened, and together we've created a project that's a win/win for the entire community. Thank you. MR. ANDERSON: I'll walk you through the changes that have been made as a result of those meetings. First of all, there has been a reduction in the intensity. The normal or typical ratio is 10,000 square feet of retail commercial building for every acre of land. This project is 20 acres, so that would equate to 200,000 square feet. The PUD master plan has large building envelopes on it in order to allow for some flexibility of building locations based on site conditions when it comes time to actually construct the building. Those building envelopes, as shown on the PUD master plan, would have accommodated up to 170,000 square feet. At the last planning commission hearing, Sembler stated that it intended to build no more than 120,000 square feet of retail uses. Since that time, Sembler has reduced the -- will reduce the square footage request from 120,000 square feet to 105,000. As a result of the feedback that was received from the area residents, Sembler has shifted the anchor tenant and the two outparcels that are at the south end of the project, and they've moved it about 45 feet to the north in order to create a park-like green space area along 11 th Avenue. And in addition to the sidewalks on both sides of 11 th Avenue that my client previously agreed to, the green space area will feature a meandering sidewalk, benches, decorative lighting and shade trees. Meandering sidewalk in the green space area will connect to the sidewalk along 951. My client has offered to build a new school bus stop and shelter on their property, and has communicated with school district staff with responsibilities for the bus program. But the school district will not make a decision as to an exact location at this time. r also yesterday spoke with Amy Taylor and Art Dobberstein of the school district, and they confirmed my client's understanding that no decision would be made at this time. Third, Sembler will construct an entry feature with a decorative wall and shallow fountain and landscaping on its comer of the intersection of Collier Boulevard and 11 th Avenue. And if allowed by the county, they would like to install a brass Brooks Village wall sign on that entry feature. Fourth, both sides of 11 th Avenue for the full 640- feet of commercial frontage on 11 th Avenue will be landscaped and irrigated with palms and shrubs, which are in addition to the Land Development Code required 25-foot perimeter landscape buffer. Page 29 161 1(;5 ---,) 1~d': August 3, 2006 Fifth, palm trees would be installed on both sides of all three of the entry drives to the shopping center in order to create a palm-lined boulevard effect. Sixth, after the preserve area is cleared of the exotics, as required by the code, in order to fill in any thin areas which may exist, developer Sembler is willing to plant new trees and shrubs in the preserve area in consultation with the environmental review staff. Seventh, a five-foot wall, the maximum that will be allowed, would be installed along the eastern boundary of the preserve area next to the development area. And in addition to the requirements already included in the Land Development Code that no lighting is allowed to spill onto adjacent residential properties, my client will commit that no light source on his property will be visible from the adjacent properties to the west. Ninth item, subject to county DOT approval, Sembler would be willing to install No Outlet signs on 11 th Avenue and construct a traffic calming device on 11 th Avenue just west of the shopping center entrance on 11 th Avenue. And last, but certainly not least, in response to comments that were received at the last neighborhood meeting, my client has spoken with the tenants that would be coming into the shopping center and has secured their acquiescence that access on 11 th Avenue would be limited to only turns in and no left turn out. Specifically, I've got some language that I want to read into the record about the 11 th Avenue access. If Collier County permits a right out exit onto Collier Boulevard at the southeast comer of Tract 113 in addition to the right in, right out entrance and exit on Tract 112, the developer shall not be permitted a left out exit on 11 th Avenue southwest. An access to 11 th Avenue will be limited to a right in and left in entrance. However, if the county should deny or eliminate either of the right out exits on Collier Boulevard, developer shall have the right to a left out exit on 11 th Avenue southwest without the need to amend their PUD master plan. Here is the new exit that we're talking about. CHAIRMAN STRAIN: Bruce, you'll need the speaker. MR. ANDERSON: This is the new exit point that we're talking about. The feedback that we received at the neighborhood meeting was that the residents were willing to follow this route and come back here in order to get back to their homes rather than having exit on 11 tho I think we've made substantial progress. And I will be happy to answer any questions or the other members ofthe team. Thank you. Now or later. CHAIRMAN STRAIN: I know I have pages of questions, but I will obviously first ask the commission if they have any they would like to ask. Mr. Schiffer? COMMISSIONER SCHIFFER: I'll wait for staff. I'm sorry. CHAIRMAN STRAIN: Well, Bruce, I'm going to start going through some questions. I picked up some notes that were received in this packet. Understand where you stand on them. You may have already addressed these. If you did, sorry for the second redundancy. And I also have some questions about some of your specific PUD language and uses. I think you made more progress obviously than the last meeting. I told you when I met with you and the gentleman that owns the facility that the bus stop issue is a big issue with me. And I suggested you fmd some way of verifying with the school system that you can do what you're proposing, because there's a lot of input out there that says you maybe can't do what you're proposing. And if you can't do it, that does absolutely affect the lifestyles of the people on 11 th Street. I'm disappointed you haven't been able to secure that. But dealing with the school system Page 30 " s~ 'I I; 'j J rAugust 3,2006 ~,...i '*;1 sometimes is hard to deal with, and I understand that. So we'll discuss further options there in a few minutes. On 11 th Street, you did take away the left turn, although now you have a contingency which transportation is going to have to address strongly today in order for that to be comfortable. But you have a right in. The residents, from the e-mails I have and from the discussions I've heard, and it isn't just from one, it's from others, indicated the left turn lane in for the residents only was the preferred alternative. Yet you show a right in and a left turn lane in. Why do you insist you need the right in? MR. ANDERSON: Those were the terms that the anchor tenants were willing to abide by. CHAIRMAN STRAIN: I'm not concerned about the anchor tenants at all, I'm concerned about the neighborhood. MR. ANDERSON: You asked me why. And I'll ask Mr. Filippelli to elaborate. CHAIRMAN STRAIN: Do you have a functional need that it has to be there? MR. FILIPPELLI: I can answer. CHAIRMAN STRAIN: If you don't mind. You have to state your name for the record. MR. FILIPPELLI: Joe Filippelli, Sembler Company. The right in off of 11 th is to utilize the left off of 951 to 11 th Avenue. There's -- that's the only way to enter the shopping center or the neighborhood once -- with or without a channelized left. If it's an open median or a channelized left, in order to get into the shopping center from the south, you know, northbound traffic from the south, you must make a left there, make a right into the shopping center. If not, you'd have to go beyond the shopping center and turn around, do a V-turn at Pine Ridge and 951, then make a right into the shopping center. And the county has plans underway to six-lane 951 and add multiple left turns on Pine Ridge. So now you're talking about a major intersection that mayor may not have V-turns or may not be a safe place for the public to make V-turns. CHAIRMAN STRAIN: Okay. And I know your company does due diligence and all that. So you probably have read how this property got to be zoned this way in the first place. It was during a GMP amendment process through the Board of County Commissioners. One of those stipulations under findings and conclusions -- and I'll read it to you, it's about the shopping center. During the adoption of the EAR-based amendments at which time this neighborhood center was enlarged to plus 20 acres, the Board of County Commissioners discussed a loop road running from Collier Boulevard to Pine Ridge Road. This would be a desirable and a beneficial addition and is recommended by both the planning and transportation staff. How have you addressed that issue? MR. FILIPPELLI: A loop -- could you explain the loop road again? Pine Ridge, is that-- CHAIRMAN STRAIN: I would expect it was something like the Sweetbay project up the street from you has done with Wolf Road, where they've got a loop road around their project connecting to major roads. And on the southwest comer of Vanderbilt Beach Road and 951 there's another GMP amendment that was done for that comer that has a similar loop road that is required to go through and connect Vanderbilt Road to 951 so that people have alternate ways of getting around the intersection. I just read that same type of language to you from a recommendation of why and how this thing got approved. And I'm wondering how that loop road would fit into your plans. And that loop road, I would have envisioned by the language I'm reading, such as the others are, that would be your left turn. Now, maybe transportation needs to address this, because transportation and planning, or apparently the staff that recommended this to the Board of County Commissioners back years and years ago, and since Nick wasn't here, it's going to be fun to hear his explanation. But I will ask that of Page 31 . b'.. I .t lC August 3,2006 transportation, and maybe through their insight, you may have another entrance into your property with a left turn lane. MR. FILIPPELLI: I could make an attempt to explain the loop road and the access to 951. I'm happy to. I think I understand the county codes and what -- CHAIRMAN STRAIN: Well, you weren't here at that time. MR. FILIPPELLI: Well, I think I understand the separation requirements along the roadway, you know. I think that's what determines whether a loop road could be constructed here, and if you constructed a loop road, whether or not that loop road would have a left in from 951. For instance, I believe the separation requirement for a right in, right out is 660 feet here, or that's what the county -- CHAIRMAN STRAIN: Well, before we go too far-- MR. FILIPPELLI: I think the county might be much better -- CHAIRMAN STRAIN: Right- MR. FILIPPELLI: -- at explaining that -- CHAIRMAN STRAIN: I didn't ask -- I just wanted to know if you knew anything about it or if it had fit in your plans. And if you don't, I'd just as soon transportation would -- MR. FILIPPELLI: Yes. Okay. CHAIRMAN STRAIN: That may help your position, too. So rather than dig yourself a hole, let's just let Nick get up here in a little bit and we'll go for that. MR. FILIPPELLI: And the other thing I could mention before that's not related to the traffic is also the buffer on the west side of the property. In order to do a loop road type of structure, I believe that you would have to enter that large buffer that we've created on the west side of the property. CHAIRMAN STRAIN: Okay. Thank you very much. MR. FILIPPELLI: Thank you. CHAIRMAN STRAIN: Bruce, do you want to try the rest of these? Try. I know you might think of it as in the sense of a trial. It certainly is not. MR. ANDERSON: It would be my pleasure. CHAIRMAN STRAIN: The bus stop. If there's not a right turn in off of 11 th Street and there's just a left and it's a directional left coming from the west going east, you basically then don't change the entrance configuration of 11 th Street, which then allows the bus stop situation to remain like it is. And that's going to be an important issue before we get done discussing this today. And I wanted you to be aware that I'm working towards that goal. In some of the various meetings you had with the people, one of the things I noticed in either an e-mail or the staff report, it talked about reduced hours of operation. I didn't notice those necessarily in the PUD. I may have missed them. I've got, I don't know, six renditions of your PUD, so it got to be pretty cumbersome tracking it. Are you -- have you put some further thought or do you have some time frames that you were suggesting to the folks? MR. FILIPPELLI: I'll answer that one also. Again, Joe Filippelli, Sembler Company. We have gone back, renegotiated with the anchor tenants, the tenants, and we are prepared to limit deliveries from 6:00 a.m. to 10:00 p.m. CHAIRMAN STRAIN: Well, that's deliveries. What about operation? MR. FILIPPELLI: We'd like to maintain the current limited hours that we proposed. I think it's 6:00 to -- MR. ANDERSON: Midnight. MR. FILIPPELLI: -- midnight. Page 32 i l , '1 ~ 5 August 3, 2006 CHAIRMAN STRAIN: Okay. I'm just writing it down. Thank you. You were talking in some -- and I'm not sure what you meant by this, improved landscaping on 11 tho Sidewalks, benches and decorative lighting; a meandering sidewalk to connect to the new school bus shelter. Now, that's assuming the shelter is allowed and it's on your property. Is that where you were heading to? MR. ANDERSON: Yes. CHAIRMAN STRAIN: And then I have quite a few PUD questions. But I notice the young lady talked about your survey. I wanted to ask you a couple of questions about your survey. Not that she needs to address, but maybe you can. MR. ANDERSON: What young lady? CHAIRMAN STRAIN: Well, okay, the older lady. I didn't think she was that old. MR. ANDERSON: I'm sorry, I was thinking ofland survey, not public opinion. Sorry. CHAIRMAN STRAIN: In your survey, it said in its design, Brooks Village will reflect the history and culture of Southwest Florida. How are you doing that? Is it other than the fact that we have a lot of shopping centers, you're building another one? MR. ANDERSON: The old Florida style. CHAIRMAN STRAIN: You mean you're consistent then with the language that's in the Golden Gate master plan for neighborhood shopping centers? MR. ANDERSON: Yes. CHAIRMAN STRAIN: And you're going to have lots of shade trees. Lots is fine. I'm assuming that the plan you put in front of us today is the plan you're going to live with in regards to a master plan. And I'm sure staff will make sure you have lots of shade trees. Is this the plan you're proposing for the PUD? MR. ANDERSON: No, this is not the PUD master plan. CHAIRMAN STRAIN: You know, I'm glad I asked the question, because it looks different than the PUD master plan. So should we be asking you questions from the PUD master -- well, obviously it has to be the PUD master plan. MR. ANDERSON: Each of the items that I specifically enumerated when I got up to speak are commitments. CHAIRMAN STRAIN: Have you got those in written matter you could hand out to us? MR. ANDERSON: I thought you had some of them attached to your-- CHAIRMAN STRAIN: I do. MR. ANDERSON: -- staff report. CHAIRMAN STRAIN: There's some. MR. ANDERSON: They would be incorporated into the PUD document. CHAIRMAN STRAIN: Okay. MR. ANDERSON: Which has been a work in progress as a result of discussions with surrounding residents. CHAIRMAN STRAIN: I want to get into your PUD, Bruce, if we could. I'd like to talk about section three, commercial development. And under 3.2 it says permitted uses. And by the way, that's page -- on one version I used, and it's the one I'm going to have to live with, Roman numeral III-I. I mentioned this to you when we met that I was going to have some questions about SIC codes that you've called out in here. And this says -- the heading under this, under permitted uses states, the following are selected permitted uses provided for in the commercial zoning districts C-l, C-2, C-3. None of the following permitted uses are subject to a gross floor area square footage limitation. Are you willing to live Page 33 , ~ i 1, C 5 August 3, 2006 with that language? MR. ANDERSON: By and large, yes. Because we've gone through and identified uses that were __ well, actually, I would like to use the language that is in the Golden Gate master plan, which uses the phrase similar to C-I through C-3 uses. CHAIRMAN STRAIN: So you would rather go with the language in the master plan, and the language that's in this PUD is apparently in error? MR. ANDERSON: Yes. CHAIRMAN STRAIN: So now you want to go with similar C-1, C-2 and C-3 uses? MR. ANDERSON: I simply want to follow what the law already provides. CHAIRMAN STRAIN: Okay. And the rest ofthe sentence you're agreeable with, or the rest of the paragraph you're agreeable with that I read to you? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: Okay. Well, let's start with Number 2. Amusement, recreation services, group 7911. MR. ANDERSON: We're prepared to give that up. CHAIRMAN STRAIN: That's good, because it's a conditional use in C-3 only. And the rest of them are in -- 7922 is in C-4, 7933 is in C-4, and 7992 is in -- 7993 is in C-4. 7933, for example, is a bowling center. They're very noisy. I used to own one. Neighbors don't like them. 7993 are pinball, video, slots and gambling. I'm not sure you really want that in your neighborhood center, but they are C-4 uses. Are you telling me you want C-4 uses when you're supposed to be similar to C-I, 2 and 3? MR. ANDERSON: All of the uses listed in Number 2 are gone. CHAIRMAN STRAIN: Let's go to Number 5. In C-l and C-3, the automobile parking group is restricted as an accessory use only, not a permitted use. The way you have it stated here, it could be a permitted use. MR. ANDERSON: Consider it stricken. CHAIRMAN STRAIN: Number 6 is the same way. MR. ANDERSON: Okay. CHAIRMAN STRAIN: Stricken or an accessory? MR. ANDERSON: Stricken. I mean, it will be accessory. CHAIRMAN STRAIN: Well, it's already an allowable accessory, so I'm not sure you need to state that. Under Number 7, 7542 is a C-4 and C-5 use. It's car washes and bus washes. Now, I know you want that as a convenience store use, and we'll get to that in a minute, but this one opens it up beyond the convenience store use that you tried to get it to apply to. MR. ANDERSON: We're prepared to live with limiting it to in association with a convenience store only. CHAIRMAN STRAIN: So you would -- 7542 under Number 5 can be struck? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: 7549 is a do-it-yourself garage. And I can't find in any of our code listings, in our tables -- I brought the tables with me, you're more than welcome to look at them, but I couldn't find it listed there. Do you need a do-it-yourself garage? Number 7 then is -- Number 7 is struck completely? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: On the next page, Number 10, business services, you have a real noisy service on here, 7338 is court reporting. Page 34 ~ .(1, ~...,; .t" ,s- . ~'" .August 3, 2006 I wanted to see if! could get a smile out of her. Number 15, food stores, including convenience stores and accessory car wash. Car washes are C-4 and C-5. How does that fit, whether a convenience store or not? Is there some exception that you know of that allows convenience stores to have an accessory car wash in a C-3, 2 or 1 district? I couldn't find it. And I can ask staff, if you'd rather I do that, when they get up here, because Melissa may be ready to address that, Bruce, so we could hold off on that one. MR. ANDERSON: Okay, let's do. CHAIRMAN STRAIN: I brought my books with me, we can go over it again. Number 17, gasoline service station, group 5541. That also includes truck stops. Do you have any objection to not making this a truck stop? You know what a truck stop is compared to a gasoline service station? MR. ANDERSON: Oh, yes. CHAIRMAN STRAIN: Oh, yes. I don't think you intended that in a neighborhood shopping center. MR. ANDERSON: No. CHAIRMAN STRAIN: And Melissa, since you're the planner, I'm hoping that you're keeping track of these things. MS. ZONE: Yes. CHAIRMAN STRAIN: Number 28, miscellaneous retail. I could not find in the SIC 5920, 5922, 5960. I'll check again. My note says, what is this? I brought the SIC to help you out with this, Bruce, because I know you may not be able to find it either. I go from 5912 to 5921. I don't have a 5920, nor anything in between as your thing indicates. Have I got an old book or a bad book? I got the one the county gave me, so maybe there's a better version. MR. ANDERSON: Okay, what is your -- CHAIRMAN STRAIN: Well, if it doesn't exist, I'm afraid that when it does exist, it could be a roller coaster or something as grievous as that and I assume you don't want that there. So why don't you just say 5912 and not leave the dash to 5920 so that anything on the future that pops in you're not dropping it in your -- MR. ANDERSON: Sure. CHAIRMAN STRAIN: And the 5922, again, it's not in this SIC code, so -- and 5960, it jumps from 5949 to 5961. So if you don't -- if those don't exist, do we need them in there? And especially with the dashes in between, because those encompass all kinds of good things. MR. ANDERSON: Well, and I-- CHAIRMAN STRAIN: Now, if there's items in between 5922 and 5960 and yet those two numbers don't exist, why don't you pick the numbers that do and suggest that as a range so we have a more accurate reading of what you're talking about. MR. ANDERSON: I appreciate your suggestion, because we certainly don't want to rule out bookstores. CHAIRMAN STRAIN: I'm not saying you need to. In fact, bookstores would be nice. And Starbucks would be nice too, by the way. Anyway, you want to clear up that range? I mean, you've got some -- MR. ANDERSON: Yes. CHAIRMAN STRAIN: -- time between now -- we're not going to be done quickly on this, so before we end today if you could clan fy the ranges, that might help. MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: And you said 5963, except pawn shops and building materials. I'm glad Page 35 161 \.~ () ..lG !~_w ,,!l-"_:4'- August 3, 2006 you said that, but the 5963 that I have doesn't have those in it to begin with. And rve got that right in front of me. MR. ANDERSON: I believe they fall within the category of hucksters. CHAIRMAN STRAIN: You don't want hucksters, do you? So that would be 5963, excepting hucksters? Okay. So -- and then under 5992 to 5999 you list some exceptions, but you missed fireworks. You don't want to sell fireworks, do you? MR. ANDERSON: (Shakes head negatively.) CHAIRMAN STRAIN: And then on those same group of categories under miscellaneous retail, you have drugstores and prescription stores may have drive-through facilities. Can you tell me what SIC code that fits under? MR. ANDERSON: Oh, the SIC code, okay. Our planner advises me that there is no reference to drugstores with drive-throughs in the SIC code. CHAIRMAN STRAIN: Oh, good, because I said the same thing. I couldn't find it. MR. ANDERSON: I mean, that's the problem with using this. I mean, it's-- CHAIRMAN STRAIN: I wish we'd move over to NAICS, but apparently it's not happened yet, so -- okay, I understand your intent there. I can't imagine a comer of this county without a drugstore. Number 29, motion picture theaters, except drive-in. Those are listed as C-4 uses. MR. ANDERSON: We can eliminate that, sir. CHAIRMAN STRAIN: Number 34, permitted uses with less than 700 square feet of gross floor area in the principal structure. What in the world -- what does that -- what are you trying to do there? MR. ANDERSON: Kiosk. CHAIRMAN STRAIN: Okay. I couldn't figure out what you were getting at. Number 35, personal services. You know, 7215 is a coin operated laundry? Did you intend to have a coin operated laundry in there? MR. ANDERSON: No. CHAIRMAN STRAIN: Well, then 7215 I'm assuming you don't need. 7216, this is only a heavy duty laundry. Maybe you're trying to get to 7219, and I'll tell you what that is here in a minute. MR. ANDERSON: All that my client is interested in is the pick-up and drop-offlaundry service, not to actually have the dry cleaning service on premises. CHAIRMAN STRAIN: Good. Then Melissa, I'm assuming that you can figure that out before the BCC meeting. MS. ZONE: Absolutely. CHAIRMAN STRAIN: On Number 43, social service groups, 8322 to 8399. You go back and look at Number 11. MR. ANDERSON: We're willing to eliminate that. CHAIRMAN STRAIN: Okay. That will just save redundancy and a lot of further discussion. Under 44, transportation services group, 4742. This is just -- this is like a travel agency for booking airline flights and things like that, nothing else? Not a -- because generally 4724 comes under a heavier use, but a travel agency is a C-3, so that's okay. Under 47, video rental, group 7848. Videotape rental. Nothing -- I don't really have a problem with that, but you, in your prelude that I read to you that you wanted to live with, none of the following permitted uses are subject to a gross floor area square footage limitation. Yet in a footnote to our code, reading one of those little, small footnotes, I noticed that videotape rentals are limited to 1,800 square feet. Are you familiar with that? Is anybody in staff familiar with that? I have that code with me. Page 36 161 Ie 5 August 3,2006 MS. ZONE: Good, I'm not familiar. CHAIRMAN STRAIN: If you do a videotape rental, do you need to have it larger than 1,800 square feet? MS. ZONE: A Blockbuster's -- for the record, Melissa Zone, principal planner with zoning and land development. Your Blockbuster style type of video rental stores are always larger than 1,800 square feet. Some of the corrections, I think, with these groups too, Commissioner, came out of the Golden Gate area master plan of uses that were specifically allowed in the GMP for this -- for neighborhood centers is where this was pulled. And possibly when they created neighborhood centers, the big box, Blockbuster's didn't exist and we haven't updated those codes. CHAIRMAN STRAIN: Okay. Then I just think for clarification if the intent is -- first of all, you start in the preamble saying nothing is restricted by square footage. If there is something to square footage, and in this particular issue I think there might be, and certainly would be subject to your verification, the videotape rental, then you're saying is not subject to the square footage limitations -- MS. ZONE: I will verify it further for you, though. CHAIRMAN STRAIN: Okay, thank you. Bruce, that's the extent of my SIC code questions. On page -- on Table 2 on III-7 you -- under your principal structures, in your standards, you list two things that I thought are regulated based on your presentation. One is floor area ratio, and the other is maximum gross leasable floor area. I think you've committed that you're not going to have over 105,000 square feet. So I think maybe there is a maximum gross leasable floor area and I think that there is a floor area ratio then in the sense that it won't exceed what you've committed to. Is that right or wrong? MR. ANDERSON: We're committing to a flat-out 105,000 square feet, but do not want to be locked in to any floor area ratio. CHAIRMAN STRAIN: Right. So why don't -- I understand what you're trying to do. And if that's the square footage that survives the process, why don't we clean up this language so that we're not having things in your standards that don't apply to you because you made a different form of commitment. MR. ANDERSON: Okay. CHAIRMAN STRAIN: Under maximum building height, we get into this fun subject of zone type versus architectural height. I'm assuming the 50 feet is architectural height? MR. ANDERSON: Yeah. Because the footnote -- the three footnotes, architectural appurtenances shall not exceed 75 feet in height, that was struck. CHAIRMAN STRAIN: Well, I only got two footnotes so I must have got the struck version. That's why I asked the question. Then I'd like to say in this document the maximum architectural building height is, and then it's the 50 feet. That way there's no doubt that we're talking about zoned or architectural, because there's a significant difference in both. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: Could I just say something on that? CHAIRMAN STRAIN: Oh, go ahead. COMMISSIONER SCHIFFER: I was watching this conversation. Y ou're saying actual height, but Bruce, I think you want zoned height to be 50 feet. So you're accepting something -- what Mark's saying is that he wants your actual height to be 50 feet. Page 37 , l /) ~ ......~~' Ie \" ) --......",. August 3, 2006 CHAIRMAN STRAIN: There's two definitions in the code that are real fun to deal with. One is zoned and one is actual. Actual includes all your architectural features and zoned includes the actual envelope you can utilize. COMMISSIONER SCHIFFER: So I think everybody is nodding. I don't think you should be nodding. At least from my angle here. CHAIRMAN STRAIN: Sometimes these architects, I don't know. MS. ZONE: I was nodding to agree with you, Commissioner. COMMISSIONER SCHIFFER: Right. In other words, when Mark says actual architectural, what he means in the land development code is the actual height, which is -- CHAIRMAN STRAIN: Fifty feet. COMMISSIONER SCHIFFER: -- and I hate to use the old word that we used to use, to the tippy top. That's why we have that definition, to get rid of that. The zoned height I think is what you intend, especially if you had -- used to have in there 75 feet to the top of any roof structures. So anyway, you guys can go back talking about it. I just didn't think Bruce was under the understanding -- CHAIRMAN STRAIN: If you're talking about a height higher than 50 feet, I certainly want this neighborhood to know that you're doing that, and that's -- then we need to clear this up. I thought, based on your statement, the 50 feet was architecturally done at 50 feet. MR. ANDERSON: My client tells me they willIive with actual architectural height, 50 feet. CHAIRMAN STRAIN: Good. Your preserve setback is 10 feet. On page V-5, Number C, I think it says 15 feet. Are they the same issue? MR. ANDERSON: Where was the 15 feet, sir? I'm sorry. CHAIRMAN STRAIN: On page V -- well, Roman numeral v-v. MR. ANDERSON: Okay. Thank you. CHAIRMAN STRAIN: Item C under environmental. Buffers shall be provided around wetlands extending at least 15 feet landward. And I think your table says 10 feet. MR. ANDERSON: This is under v-v you're finding? CHAIRMAN STRAIN: Like I said, I must have gotten six copies of your PUD, and I started using one of them. The first sentence in the -- of the third paragraph, the environmental section. MR. ANDERSON: Oh, environmental, as opposed to landscape buffers. CHAIRMAN STRAIN: Bruce, do you have any wetlands on the property? Because if you don't have any wetlands then you don't have a IS-foot issue to worry about. I didn't know if you had any wetlands by the way you shaped your preserves, so I just wanted to make sure there is consistency. The first asterisk on the development standards table, temporary mobile sales structures are permitted to have a minimum floor area of 25 square feet. That's five by five. I couldn't even lay down in a five-by-five area. Not that your salespeople will. But what do you plan to do there that you needed 25 square foot something? COMMISSIONER KOLFLAT: It's a minimum. COMMISSIONER MURRAY: What is that? Just out of curiosity. MR. ANDERSON: rm told that it was intended, again, to capture kiosks. CHAIRMAN STRAIN: Well, but the other one said less than 700 feet, so would you need that asterisk? I mean, it certainly is confusing. If you can do a kiosk less than 700 square feet, why would you need to have another statement in your standards table addressing something of 25 square feet? Page 38 l /.? J.Qd 1 G 5AUgust '3, 2006 MR. ANDERSON: You know planners, they can never say anything briefly. CHAIRMAN STRAIN: I thought that was attorneys, but anyway -- MR. ANDERSON: That's who we learned from. COMMISSIONER SCHIFFER: Mark, can I -- CHAIRMAN STRAIN: Yes, go ahead. COMMISSIONER SCHIFFER: -- interrupt again? Is it the intent to have like have cart sales, which would be small things that you'd have on the sidewalk which would be less than 700 feet? The other thing says the minimum floor area is 700 feet, thus not allowing anything less than that, right? So therefore, they may want carts in the walkway selling -- CHAIRMAN STRAIN: Well, ifthat's the intent, that's all I was trying to find out is what you were intending to do. I wasn't -- I couldn't understand what it was. MR. ANDERSON: Okay. Let's leave that in then. CHAIRMAN STRAIN: Okay. So a guy selling flowers can pull up a little cart and sell his flowers, or a lady selling flowers. Okay. On page V-I, you start with your landscape buffers, berms, fences and walls. I'm assuming that staff will make sure that the commitments you read on the record will be now incorporated, if they haven't already been, into this language; is that an assumption Michelle -- I mean, I'm sorry, Melissa. MS. ZONE: It's a certain. CHAIRMAN STRAIN: Certain. Good for you. 5.6, lighting, Bruce. Such lighting facilities shall be shielded from neighboring residential land uses with halogen lighting prohibited. And I think the GMP goes a stretch further and says low pressure sodium. Is that what you guys had in mind, or do you have an issue with that? And Melissa, did you want to say something on that? MS. ZONE: The GMP says both. It says that the halogen lighting is prohibited and that the low sodium is encouraged. CHAIRMAN STRAIN: Right. MS. ZONE: If you would like it to be it shall be, then we'll make that change. CHAIRMAN STRAIN: I'd like to see if Bruce wants to be super consistent or more inconsistent. Do you have any problem with low sodium? MR. ANDERSON: No. CHAIRMAN STRAIN: I have transportation issues, Bruce, which I think in reserve them to those folks, they will probably get to the crux ofthe matter. The buildings that you have shown on the master plan, you have a large anchor tenant. I don't know what that intends to be. I'm assuming it's a supermarket. What square footage is that building? Do you know approximately, what's the biggest that building's going to be? MR. ANDERSON: Approximately, and this is not a commitment, 46,000. CHAIRMAN STRAIN: Okay. Thank you. I will save some more for transportation. Mr. Murray, and then Mr. Schiffer. COMMISSIONER MURRAY: I have a couple of items there. This is not the master plan. Do you have the master plan handy that you could show us so we could see if there's a comparison or any changes of consequence? So my question, I guess, would be, this is what you're going to go by? This is what you've indicated you're going to go by? MR. ANDERSON: It's going to be updated to reflect the stipulations that I read through at the beginning. COMMISSIONER MURRAY: Okay. But do the stipulations reflect also the document that you Page 39 ,;, , I l~ ) Ie .. August 3, 2006 just had on the visualizer there, which was a rendering of a new configuration? MR. ANDERSON: The building envelopes would stay the same on here. COMMISSIONER MURRAY: Well, if we just compare the anchor, what I presume to be the anchor tenant, that seems to be a lot larger structure than the one you've shown us in the newest document. MR. ANDERSON: That is to allow for flexibility in location of the building when it comes time to construct. COMMISSIONER MURRAY: Okay. It's important for people to know when those folks here who are living and folks who are looking at this -- and they've seen one rendering and now they're seeing the other, and I want to point out that this is the rendering that may ultimately be seen. Is that a fair statement? MR. ANDERSON: Well, we're going to show the preserve area that needs to be added along 11th Avenue and the shifting of the anchor tenant in the other two outparcels about 45 feet north. That needs to be done on the master plan. COMMISSIONER MURRAY: So you just couldn't get it to it, in other words. MR. ANDERSON: Correct. This was a work in progress up until -- COMMISSIONER MURRAY: Okay. So the rendering that we first saw will be the closest to the reality that you wish to provide. MR. ANDERSON: Yes, sir. COMMISSIONER MURRAY: Okay, that's one part of it. CHAIRMAN STRAIN: Bob, before you leave that part, if you don't mind me asking Margie. COMMISSIONER MURRAY: No, go ahead. CHAIRMAN STRAIN: Margie, when they showed that earlier site plan -- and I'm glad Bob brought back up the master plan, because I had notes on mine and my little tab was missing so I forgot to look there -- and I've got more questions when Bob and Brad finish. If there's any recommendation to go forward on this project today, would it go forward with the plan that's attached as you see here, or would it go forward with the plan they use for discussion that they said is not part of their master plan, not part of their PUD? MS. STUDENT-STIRLING: It should go with the master plan, what is officially the master plan. If they wish to change that on the record and substitute another plan for their official master plan and it would meet the requirements that planning staff would have for the master plan, that would be okay, or any alternative. If it is kind of a further refinement and it was for another purpose, it could be a separate exhibit besides the master plan to depict something else. CHAIRMAN STRAIN: Because I have watched many of the Board of County Commissioners meetings, and I know when they get to issues when there's been a change between the planning commission and the Board of County Commissioners, the commissioners have many times individually suggested well, why don't we put this back through the planning commission? Why are we reviewing something that the planning commission has not thoroughly vetted because they didn't have the same inconsistent information that the BCC had? And Bruce, that's where I'm going. MR. ANDERSON: Everything that is shown on here is committed to except the building locations, so that there is room to shift the buildings, depending on site conditions. CHAIRMAN STRAIN: But would those building locations be within the envelope of the impervious surface that's shown on this plan? MR. FILIPPELLI: Joe Filippelli, Sembler Company. Again, the master plan that we have attached to the PUD right now, if we plan on building this development, this is what we're proposing. If we have the flexibility to build this type of development, this type of -- these buildings and maybe a little larger, maybe a little smaller because things change along the Page 40 ~ , . 1.... ("11 L5 ' August 3, 2006 way, within those building envelopes that's on the master plan, this is what we're ready to commit to. And also that when you're in design with SDP, maybe they want, you know, to shift the parking lot. The parking spaces are not going to be exactly the same. So, I mean, it's really a matter of that master plan needs to be adjusted to incorporate this plan, but we need a certain amount of flexibility for, you know, design construction to meet SDP and to develop the center. So I mean, if you can envision dropping this center on top of that master plan and giving me the -- giving the PUD the flexibility to move within those building envelopes on that master plan. CHAIRMAN STRAIN: Well, basically you want to be able to build up to your 105,000 square feet within the impervious area shown on the master plan in front of us here. MR. FILIPPELLI: Correct. CHAIRMAN STRAIN: That's what I thought. Okay. That does help clarify it. And I think if this were to go forward, anything that it would go forward with should include a review using this master plan, not the other one, because the other is pretty -- much more onerous than this one. MR. FILIPPELLI: Our intent is absolutely to modify the master plan to be substantially similar to this rendering of -- on the screen today here. CHAIRMAN STRAIN: Mr. Murray, thank you. COMMISSIONER MURRAY: Glad I brought it up. Because certainly the neighbors here, they need to know that what they're hearing is real, and that -- a school bus shelter as against the CAT bus shelter, has any conversation been had regarding that? I realize that the school district has not responded to you. And the CAT people are going to wait until the SDP. Could you give me an idea of where you planned to put the school bus, if you had the full freedom to act? MR. ANDERSON: (Indicating.) COMMISSIONER MURRAY: Okay, good. I donlt know anything about the transportation part of it. Perhaps transportation will talk to that issue and see, maybe they know something about the CAT and any potential. But that looks for the moment as a good spot. MR. ANDERSON: That was for the school bus. COMMISSIONER MURRAY: Yeah, that's what I'm asking. And the CAT people then would have to consider some other location, and then hopefully there would be no conflict. And perhaps they wouldn't be -- they might be able to use them both, I don't know. Let me just go back to some of those other items. And I -- not to certainly suggest that I know anything more than Mark on this. But I thought it was curious on page Roman IlIA, Number 48, vocational schools. What kind of vocational schools would we have, beauty shop or something of that nature, those groups? Mark, you didn't find anything in those, I guess, that was an issue. But I thought that cunous. CHAIRMAN STRAIN: Bob, I actually went through every one of them and if they seemed like they weren't going to be noisy, create undue, more traffic, or if they weren't outside of the C-2, one or three category, basically I didn't see where they would violate the GMP -- COMMISSIONER MURRAY: Okay, well, I would rely -- I would certainly rely upon your knowledge more than 1. There was an issue on Roman IlI-2. There was an issue, and I don't have an absolute recollection of it. But on number -- let's see, where is it, 13, depository institutions. I assume that's banks. MR. ANDERSON: Yes, sir. COMMISSIONER MURRAY: There was an issue that was raised some time ago about one of them requiring a minimum -- or, I'm sorry, a maximum of a single drive-through. And I don't know where Page 41 b'" I" ~ .t. Ie ~ 'August 3, 2006 that was or whether we codified that or what we did with it. At the moment I don't remember. But I just wondered if anybody, perhaps you, Mark, would remember, or whether we'd want to limit it to a single drive-through window, ifthere is a drive-through window. CHAIRMAN STRAIN: The issue I think you're talking about was -- there was an issue involving some of the commercial architectural language, I think, and it was during that East Naples review board that you and I sat on for a short period of time. COMMISSIONER MURRA V: That was one, but there was -- the other one was up where the new fire department place will be up there, up on Wolf Road. CHAIRMAN STRAIN: That's near some of the -- yeah, I don't know ifit ever got -- how it got-- COMMISSIONER MURRAY: I don't know how it got -- and I can't remember ofThand. I did remember that we had quite a conversation about it. I don't wish to have quite a long conversation about it, but I thought I'd bring it up just in the offhand that it was important. And I think if you intend to have the banking that would probably be in one of the outparcels, it looks like there's a fair amount of room based on this new intended master plan. And that would be the extent of it. The other questions that were asked during the first effort at this I think you've answered everything. And looks to me like you've gone a long way to try to help the community and look forward to hearing what the community has to say about that. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Kind of go back to the conversation you had with Margie, is there anything in this PUD that would prevent somebody from putting one big building with 105,000 square feet? Mark asked you ifthe impervious areas are going to be the only impervious areas. Yet the parking is . . an nnpervIOus area. The concern I have is that these master plans have some pretty good disclaimers in them which kind of say these are purely conceptual in nature, everything can be moved around. MR. ANDERSON: We can add a provision to the PUD that no single use will exceed 60,000 square feet. COMMISSIONER SCHIFFER: And could you also, when you do revise the Exhibit A, would you get rid of -- and I can barely read these things, but two and three, which essentially are disclaimers that show that this is purely for entertainment value, you know, that they're not really to lock down anything on it. So if you do submit it, would you not use footnote two and footnote three. Or at least -- because as it is right now, you could walk out of here, sell this to somebody else and they could build a 105,000 square foot store plop in the center of it. CHAIRMAN STRAIN: Before you answer that, Margie, if someone provides us with a PUD, their disclaimers on the master plan that they sent in to the PUD aren't something that the -- I mean, they're not validated, are they? MS. STUDENT-STIRLING: Generally on the master plan and in the language in the PUD, it says it's conceptual in nature. Because we are doing rezoning here, we're not doing site plan work. And if they want to submit -- and there have been a few times where an applicant has committed to what's on an exhibit for a plan. So their site plan should absolutely mirror that, if that's what the commitment is. But if they want to attach something as a, you know, conceptual or have parts of it be conceptual, I think they can note that so everyone knows what's what. CHAIRMAN STRAIN: Mr. Schiffer's got a good point, because it says the facilities improvements shown on the PUD master plan will be considered conceptual in nature. Would that give them the ability, under what Brad's trying to get to, to put in a giant Home Depot using all the square footage and walk away and say we're done? I mean, say they were zoned for Home Page 42 " , '~;?.''t..~15 '.:' ,',~ .{ i,J' August 3, 2006 Depot; I'm not going there at this point. MS. STUDENT-STIRLING: So in other words, they would be taking -- all the other uses would be gone and then they just put one -- CHAIRMAN STRAIN: One big use. MS. STUDENT-STIRLING: I suppose that, yeah, you probably could, yes. COMMISSIONER SCHIFFER: Build a 105,000 square foot architectural office. CHAIRMAN STRAIN: Yeah, you'd like that. COMMISSIONER SCHIFFER: No, I wouldn't. CHAIRMAN STRAIN: What numbers-- COMMISSIONER SCHIFFER: And we have like, for example, the open space, you know, there's no requirement for that. So -- you know, we see the pretty pictures, but like I said, they're kind of for our entertainment. I have more questions. Should I go on? CHAIRMAN STRAIN: Go on when they finish responding -- COMMISSIONER MURRAY: I just would like to pose-- CHAIRMAN STRAIN: Oh, I'm sorry. COMMISSIONER MURRAY: Relative to this, is intensity another way of attacking that issue? COMMISSIONER SCHIFFER: No, because they've limited it to 105. CHAIRMAN STRAIN: Melissa, did you have a comment you wanted to make? MS. ZONE: Yes. Melissa Zone, principal planner with zoning and land development. Commissioner, your concern -- Commissioner Schiffer, about the big box, basically, though the SIC code does not really call out big box as a use, that type of a use is not a permitted use in the PUD document which is the permitted uses per the GMPs of neighborhood centers. So the GMP -- but it could at some point down the road, the GMP, be amended. COMMISSIONER SCHIFFER: I never mentioned big box. I mentioned one building 105,000 square feet plopped in the middle of the site. MS. ZONE: I stand corrected. COMMISSIONER SCHIFFER: And that they could do with all the uses that are in within that. Let me move on. And I think somebody from R W A could answer the next question. And this is, since the master plan really intended to have a loop road go through this, that loop road would be very busy. And since in smart growth we're trying to create these little downtown entertainment, fun places to go, why didn't you look at that when you were doing the site, as opposed to this 60 vernacular shopping center? MR. NADEAU: When we were working with the Sembler -- for the record, Dwight Nadeau, RWA. When we were working with the petitioner on doing the site planning effort, we were providing for the circulation between Collier Boulevard and Pine Ridge Road through the development, not intending to have a per se frontage road. So the intent behind the loop road concerns in the Golden Gate area master plan, it was our opinion that it had been addressed by providing that internal circulation opportunity between the two major collectors and arterials. COMMISSIONER SCHIFFER: But my thought here is that that loop road could have gone into the site, it could have created a small little downtown area, it could have had a lot of traffic on it, and you could be providing residential -- you know, some of the comments in here are people would rather see affordable housing in this thing. When you really could have mixed it all up. I mean, you could have taken what we're trying to put in the land development code and made a different creature, I think a nicer Page 43 ,;,~ '(<.:t i: ~ . . C5 August 3,2006 creature, and I think you could have added the ability to put housing and stuff -- affordable housing into it. But did you ever look at that and decide this was more economical or you just never looked at it? MR. NADEAU: No, the Golden Gate area master plan doesn't contemplate residential land uses within the neighborhood centers. The PUD provisions of the land development code do contemplate that, but they're not permitted uses in the land use tables. So the plan doesn't provide for it and the land development code doesn't give clear guidance related to housing in a commercial shopping center, particularly in this neighborhood center. COMMISSIONER SCHIFFER: In the PUD you said that the Golden Gate states that you may have 100 percent housing. So the Golden Gate master plan should have been written you shall -- I mean, commercial-- means you shall have 100 percent commercial? Is that what it should have said, or-- MR. NADEAU: I'm not going to question the authorship of that document. It could have said may have or should have -- COMMISSIONER SCHIFFER: But you're testifying that by the plan it has to be 100 percent commercial. MR. NADEAU: What I'm saying is by the plan the residential land uses are not contemplated. They're provided for in C-l , 2 and 3, or similar land uses, as Mr. Anderson pointed out. The land development code itself in division two provides for commercial PUDs to have C-1 through C-5 and TTRVC uses, and may have accessory residential land uses. But in the land development code itself, it does not provide for residential land uses in commercial zones. They're not in the chart. They're provided for in text, but they're not in the chart. COMMISSIONER SCHIFFER: But I think that's something that you -- well, anyway, I mean, my question really was, and I've asked other developers, have they looked at this property for that kind of development, and it sounds like you haven't. MR. NADEAU: My direction was not to look at any housing component ofthe project. COMMISSIONER SCHIFFER: And do you still feel that you could not put residential on that property because of the Golden Gate master plan? MR. NADEAU: Well, then we'd have to deal with density issues in the Estates, and I'm not sure the residents would have even contemplated this as a part of the project. COMMISSIONER SCHIFFER: Some of them in your survey contemplated it, actually requested it. But anyway, thank you. CHAIRMAN STRAIN: Okay. Was that it, Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, thank you. CHAIRMAN STRAIN: Anybody else? MR. ANDERSON: Mr. Schiffer, the Golden Gate master plan states under the Estates mixed use district, which is where the neighborhood centers are authorized, it says residential Estates subdistrict, single- family residential development may be allowed within the Estates mixed use district at a maximum density of one unit per two and a quarter gross acres, unless the lot is considered a legal nonconforming lot of record. I believe in order to do the kind of thing that you're talking about that's allowed in the urban area would require an amendment of the Golden Gate master plan. COMMISSIONER SCHIFFER: But there's no provision for multi-family mixed use. CHAIRMAN STRAIN: Thankfully, no, there isn't. Hopefully there will never be. Any other questions? COMMISSIONER SCHIFFER: I'm done. CHAIRMAN STRAIN: Bruce, the master plan you have does not show where the functional open space will be that's required by the master plan. Page 44 161 1 C 5 August 3, 2006 MR. ANDERSON: (Indicating). The greenspace area. That's where the sidewalk and the benches CHAIRMAN STRAIN: Well, I'll spend some time looking at that in a few minutes, but I honestly didn't think that's what the intent was. I mean, if any particular greenspace or open space all of a sudden becomes functional open space, I'm not sure that was the intent of what we were trying to get at. I think it was more of a courtyard effect, and I'm sure there's more language in there, I've just got to locate it. I'll do so in a little bit. COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRAY: There's a well easement area where that area is. Would that interfere with the use of that? CHAIRMAN STRAIN: Well, being as how Mr. Anderson is an attorney, and it's a well easement, if they put a well there, it becomes functional open space, doesn't it? Again, I don't think that's the intent. Your point's well taken. I think you're pushing the envelope on what the intent of functional open space was. COMMISSIONER MURRAY: In other words, in your master plan it does cite a well easement area in the very space that you're talking about where you would have passive recreation or whatever that represents. Are they compatible uses and do you run into a snag? CHAIRMAN STRAIN: I will look the language over and I'm sure Melissa will, so we'll make sure that the issue is addressed. COMMISSIONER MURRAY: And again, it brings the question as to maybe this master plan, as relative to the current document, we need to be looking at it a little bit more. MR. ANDERSON: It's the last paragraph in the neighborhood center subdistrict language before the listing of what uses are prohibited. COMMISSIONER MURRAY: What page are you on, sir? MR. ANDERSON: Page 36 of the Golden Gate area master plan. CHAIRMAN STRAIN: You're right, that's the paragraph. It references an open space shall be developed with a greenspace within a pedestrian accessible courtyard. A sidewalk through the middle of that well easement qualifies, do you think? MR. ANDERSON: It's -- the county wants the wells close to a public right-of-way. Otherwise then you have to provide them another access easement. CHAIRMAN STRAIN: I didn't even notice that. I'm glad Mr. Murray pointed it out. The county is actually -- they want a well easement at the entrance to 11 th Street. Wow. Okay. That's all I have of the applicant. Is everybody else -- Mr. Midney, go ahead. COMMISSIONER MIDNEY: Aren't well easements fenced off? I mean, you have to keep those safe from the public. COMMISSIONER MURRAY: It creates kind of a problem. CHAIRMAN STRAIN: I don't know, do they-- MS. ZONE: No, because you have to access the well easement. And public utilities encourages them to put them by right-of-ways because the county trucks need to get in to service that easement, to service the well. So a fence there would complicate, prohibit them to access it if there was -- I can't think of an emergency off the top of my head. But if the county needs to access it, that would just hinder them. COMMISSIONER MIDNEY: But at the same time, you know, public water supply, it has to be protected from, you know, as an example, a terrorist who wants to contaminate the water. I mean, the way Page 45 I 1 C;~, August 3, 2006 I see them, they're well protected from the public. MS. ZONE: Right. They're protected, but not by a fence, per se. There are measures that our public utilities department use, I'm hoping, to prevent that if, you know, if there's coverings and that might have been something. And if you want, Commissioner Midney, I'd be happy to talk to public utilities and get back with you personally on that answer. COMMISSIONER MIDNEY: It just seems as though there's a conflict there to me. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Commissioner Midney, I'm glad you brought that up, because in truth, I don't remember if it's the AUIR or the EAR but I do have a good recollection of the questions having been asked about security and protection and the emphasis, great emphasis placed on the safety of the water supply and that there would typically be fences around and so forth. Now, this well easement, I also remember that not every well easement that's been offered to the county will ever be used. So maybe this needs to be qualified a little bit further. But certainly that needs to be looked into, because that's a direct conflict for what your interest is, I think. CHAIRMAN STRAIN: Maybe if we see well easements going in at the front entries to Grey Oaks and Pelican Marsh and Pelican Bay, maybe then it's time the utilities should have the nerve to ask the same thing being put at the entries to our homes in Golden Gate Estates. But until then, I would strongly recommend that if this were to go forward that that well easement be taken away from the front entry of this property, period. MS. ZONE: Do you have a suggestion to where you would like to see it then? CHAIRMAN STRAIN: I can't put that on record. MS. ZONE: Okay. So I will make sure that it is not at the major right-of-way. CHAIRMAN STRAIN: Thank you. COMMISSIONER MURRAY: I would support your -- Commissioner Strain, I would support that then, that there might be another alternative location, perhaps. Okay. CHAIRMAN STRAIN: Bruce, I think we've finished entertaining you. I think county staff may want to finish their presentation, and we certainly need to talk to transportation. Bruce, we're going to have public speakers, and after that, we'll have time, we will need to rebut. You may want to -- he's not listening. You may want to rebut the public speakers. And if you don't, say so now. If you don't, fine, you will not be able to. You completely missed that, didn't you? You might want to pay attention to me instead of Mr. Nadeau when we're talking. And that is after the staff gets done, the transportation gets done, we're going to have public speakers. I'm assuming you'll want to rebut, a time for rebuttal, or not? MR. ANDERSON: I will want to respond. I don't know that I necessarily would characterize it as a rebuttal. CHAIRMAN STRAIN: I'm thinking of your normal trade. And then after that we will continue with further questions. Thank you. Melissa? MS. ZONE: Thank you. Melissa Zone, principal planner with the department of zoning and land development. We've reviewed this petition for rezoning to a commercial planned unit development, and there's probably not the -- it's not probably, there's nothing -- the project still shows consistency with our codes. There is one question I have, and I want to fmd the spot so I can bring you there. Forgive me. Taking all of my notes that are here. Page 46 'h'~ U 1 GS · August 3, 2006 There was one use that you had questioned, and this is where I'm trying to elude to, with -- I need to find my page. Give me a minute. CHAIRMAN STRAIN: Roman numeral III was where the SIC codes were. MS. ZONE: Actually, it was the new number 15, Roman numeral III-2, the food stores, including convenience stores with accessory structures, car washes. That came from the June 15th, 2006 public hearing for this petition. And in that I took the meeting notes, and compared them. And when Mr. Mulhere had suggested that they would take out the car washes but they would like it as an accessory car use, car wash to convenience stores. And though it really isn't in the SIC code, planning commission from their notes said that they didn't see that as a problem. And that's why staff allowed that to be. So I just wanted to address that with you. CHAIRMAN STRAIN: While you're on that one, Melissa, my notes indicate that a car wash is a C-4, C-5, and-- MS. ZONE: Right. CHAIRMAN STRAIN: -- I've already explained that. But if the food store that it's part of is over 5,000 square feet, then it becomes a conditional use in the C-3. Is that-- MS. ZONE: That's up to the applicant to apply for the conditional use then. CHAIRMAN STRAIN: Well, I know that. But I just want to understand, do they realize that. Because if that's -- they're looking for uses in C-1, C-2 or C-3. Are (sic) the convenience store that they're talking about going to be over 5,000 square feet? Do they realize-- MR. ANDERSON: It could. That's why we have the statement at the beginning about the no limitation on the square footage of uses. CHAIRMAN STRAIN: Now, is there any other limitations on square footage of uses that I failed to discover? I asked the one I knew about, and on this one is another application there. Is there any others that you know of that had limitations in the code that are being more or less eliminated by the language that you're suggesting here? MS. ZONE: No, I did not notice any others. CHAIRMAN STRAIN: Okay. Thank you. MS. ZONE: Ifthere's any questions that you would like me to address. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: If this plan's approved, what would it do with the architectural standards? And here's the concern I have, is I know they could design a building but in the standards we spent great time trying to get rid of that Sixties shopping center by having -- and the joke was we called it a field of parking, and here you called it a parking field. Since I think this wouldn't comply with the architectural standards, what would happen to the site plan from this point on? MS. ZONE: We haven't determined if this site plan is conceptual or if it is actually solid, but under the Golden Gate master plan, they have to architecturally follow the old Florida style that is addressed in our codes. I'm not quite sure exactly what question -- COMMISSIONER SCHIFFER: My question is that in the architectural standards you have a requirement that you can't put all the parking in front of the building. You have to put it around the side, some of it in the back. This has all the parking in front of the building. The reason we had that requirement is we didn't want fields of parking, which is what they're proudly labeling this as. MS. ZONE: And that's a good point to bring up. We like our master plans to stay conceptual because during site development plan the architectural reviewer will then come in and say your building Page 47 :,6\ A~ lC August 3, 2006 needs to be positioned here to maybe alleviate some of the parking off of the major right-of-way. MR. BELLOWS: For the record, Ray Bellows, zoning manager. The petitioner is also not asking any defInitions from the architectural code requirements. This is not -- the conceptual plan before you is not something they're attaching to the document. They'll have to revise the master plan to be consistent with the general intent of this conceptual plan, but they will not be __ they're not asking for any deviations from the architectural requirement. So they would be enforced and applied at the time ofSDP review. COMMISSIONER SCHIFFER: Okay. During this review, do you ever have the architectural -- have it reviewed to meet those standards? I mean, we go through transportation, we go through everything. The neighbors are all looking at this, thinking this is it. And I may be wrong -- MR. BELLOWS: This is not the architectural review board. And there's no way to have an architectural plan reviewed without going through an SDP process. And they can't go through an SDP process without the zoning in place. COMMISSIONER SCHIFFER: But my point is there is some things like parking that are in there. And I certainly realize you can't do the buildings. But there is some site plan issues in there that -- CHAIRMAN STRAIN: Brad, I can assure you, I'm going through one of the commercial sites now that's been rejected three times, and it's a lot of fun, and it's all because of architectural standards' interpretation by the architects. Different architects, as you know, have different ways of interpreting them. But staff is, from what I can tell, very thorougWy reviewing the architectural standards in the LDC against the commercial applications, so -- COMMISSIONER SCHIFFER: And my concern is I know of one requirement that's pretty objective that this could have problems with it. MS. ZONE: Right. And again, that's why staffs of the opinion that these master plans be conceptual so that we can -- it allows us to be more stringent with the codes when it comes to the details of the site development plan. And if we make this master plan that the applicant has presented today more concise and actual, we could do more harm to the county. COMMISSIONER SCHIFFER: Good point. Okay. That's it, thank you. CHAIRMAN STRAIN: Okay. Anybody else have any questions of staff? COMMISSIONER MURRAY: Yeah, I have, just for my education, if nothing else. In that same regard, when a master plan is presented and the standards are understood that parking needs to be about, not all in front, just because you have the absence of an architectural review board, wouldn't you just say this doesn't comport and that main building, that main structure may end up going forward or toward Collier Boulevard in order to comport or comply with the requirements; is that correct? MS. ZONE: Correct. COMMISSIONER MURRAY: So I don't understand then it -- okay. Then this is something for you folks that you do, and I guess I just fInd it curious that we wouldn't ask them to comply in the fIrst instance rather than -- CHAIRMAN STRAIN: There's multiple ways of complying with the architectural standards and there's alternatives and options that you could do to a building to make it more compliable in different ways, and those would all have impacts on a fixed site plan. And I think that's why they want to have the site plan subject to variations required by permit review. And I don't know any other way it could practically be done. MR. BELLOWS: That's an excellent way to put it. It really is -- many alternative ways to put specific provisions of the LDC to accomplish that task. And if you lock it in at the time of zoning, it may not be flexible enough to do a better job at the time of SDP review when the staff is actually reviewing the plans being proposed. Page 48 .16/ 1 [:~August3,2006 COMMISSIONER MURRAY: I think I understand all of that. But what I'm trying to establish for the record, if nothing else, and for the folks in the audience, that what they're seeing here and what they may have seen in the original master plan may not be what the ultimate result will be. And I want them to be aware that that's the case. MS. ZONE: Yes. And I would hope that and if they would like if this is approved to go forward to the Board of County Commissioners, that any time, and most ofthem have my number, and I'd be happy to give my card, that if they want to follow this project, that -- to contact me and I would be happy to let them know at what process that if it had changed and if it was a reason because of the code, they would be informed that that's why this might have been altered in some way. COMMISSIONER MURRAY: And I'll just say finally that that may not change the aesthetics of the entire project terribly. It may very well still be quite lovely, you know. But I just wanted to make sure that they understood that that's a moving -- CHAIRMAN STRAIN: Bob, I hate to tell you, the intent of those architectural standards will make it better, so hopefully it will come out more improved than what we've got. I would hope they would come out better than less, you know. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Anybody else want to ask anything of Melissa? If not, I sure would like to talk to transportation. MS. ZONE: I'm sure you do. But I have one more thing I want to bring up. In Section five, page V-2, paragraph 5.6 of lighting, where it has halogen lighting prohibited. And Commissioner Strain, I know you wanted the low sodium. And partly what staff felt by omitting low sodium is the one good thing we know about technology is we're always improving, and at one time halogen was the standard below sodium. And so what I'd like to do is if we could just make sure that halogen lighting is prohibited. Because what if something five years down the road if they are coming in to amend their PUD document and from that point the GMP or we found better lighting that's even of higher quality than low sodium, we would hate to limit ourselves. But you would know more, being an engineer. CHAIRMAN STRAIN: Well, first of all, I'm not. Second of all, being on the Golden Gate master plan committee for a number of years, our intent was not to have a -- I think maybe Racetrak is the one that's got these glaring bright white lights that blind you as you drive by. We did not think that was appropriate in the Estates setting because the light travels so far, regardless of how it's shielded. And if the intent -- I mean, if halogen is prohibited and the applicant is willing to look at low pressure sodium or use low pressure sodium or an equivalent that produces the same type of light or similar type of light, that's what I think we would be looking for. It's that bright, glaring white neon light that was so startling, you know, problematic in our review. MS. ZONE: Right. And staff agrees with you on that. And a lot of new development they don't use it. It's more costly at that. I just -- and I might be assuming this -- well, I am assuming that with technology we might be coming up with -- there might be something. And I don't want to restrict this to just one type of lighting. I'd like to leave it open. But that's on you. CHAIRMAN STRAIN: I think that all you need to do is put in something to the effect that it's low pressure sodium or an equivalent form of lighting. That way we're not boxed in to just low sodium, we're open to new things that come up. But we're not going to open the door for something as bright and as white as halogen. MS. ZONE: I'd appreciate that. Thank you. Are there any other questions? CHAIRMAN STRAIN: Just to Nick, and he's so anxious to talk to us today. Page 49 f Ie 'jugust 3, 2006 Just for a point now, we're at 20 minutes to 12:00. We normally break at a quarter to 12:00 and come back at a quarter to 1 :00. There are a lot of people here from the public that have spent all morning, and I'm sure they have jobs to get back to, and families to be considerate of. If the board doesn't mind, at a quarter of 12:00 or when we finish with Nick, I can see us taking a 15-minute break and coming back and finishing up with the public so they can go home and then we can take our lunch after that. Is that okay with everybody? Okay. Good morning, Nick. MR. CASALANGUIDA: Good morning, Commissioners. For the record, Nick Casalanguida, transportation planning. CHAIRMAN STRAIN: Nick, I read a paragraph earlier about a loop road. I know you weren't here when that happened. Did anybody fill you in on the history of that or what that was meaning and what the intent was? (Commissioner Schiffer has left the room.) MR. CASALANGUIDA: Yes, sir, I have been filled in on that. And I've come across that in other neighborhood activity centers where similar problems or questions came up. Mr. Schiffer just left and I wanted to address his questions as well too. With the loop road -- CHAIRMAN STRAIN: He can hear you, I know. MR. CASALANGUIDA: The problem with the loop road is the access management and the spacing. I think when it was envisioned in the past, what we come across now is that when we widen these facilities and we apply access management to them, you restrict -- THE COURT REPORTER: Please slow down. MR. CASALANGUIDA: Sure. THE COURT REPORTER: A lot. MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: Thank you. Sorry I didn't catch that for you. MR. CASALANGUIDA: When we widen the facilities and we apply the access management policies that are required, you restrict the movements at these entrance points. In other words, you can't take a left in or take a left out in certain areas. So what you're basically getting is a right in bypass. Now, it works if you do it to all four comers, you can get a good bypass around the intersection. CHAIRMAN STRAIN: Slow down. MR. CASALANGUIDA: Okay. MS. STUDENT-STIRLING: You've got to try just a little -- you do talk real fast, like I sometimes do when I'm very tired. MR. CASALANGUIDA: Fair enough. So when you look at the bypass road or the system that they put on their plan there, it basically works as a right bypass to the intersection. And because you cannot take lefts or lefts out, it provides no other purpose than that. CHAIRMAN STRAIN: Okay. I wasn't too hung up on the issue of the loop road, but since I found it in the record, I wanted to understand why it wasn't applied in similar circumstances. When we did Estey Avenue, remember the project, the commercial project that turned to residential on Estey Avenue? MR. CASALANGUIDA: Yes, sir, I do. CHAIRMAN STRAIN: Remember how you deviated from your standards to allow them to have a left turn out of that project onto Estey when it was so close to the entrance onto Airport Road? We talked about it at this meeting. I know you probably didn't dwell on it after you left here, but that was a subject Page 50 {l 5 August 3, 2006 that I know you and I discussed at this meeting here. MR. CASALANGUIDA: Correct. I think it was their only access, correct? CHAIRMAN STRAIN: Right. But it was a big issue whether it should be right in, right out, something similar. But it was just an access issue. On this plan here, if you were going down Pine Ridge from 951, why couldn't you make a left-hand turn into this project's entrance? MR. CASALANGUIDA: You're going to have the left turn lanes that head eastbound on Pine Ridge Road that would go north on 951 that would conflict with this. CHAIRMAN STRAIN: Even if you were to triple lane that eastbound? MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: So even that left -- that left couldn't be expanded enough to provide the left stacking to get a left into this project? MR. CASALANGUIDA: No, sir, we've looked at that already. CHAIRMAN STRAIN: The other issue on there, the previous plans showed a, what seemed to be I thought, a continuous decellane along the western side of their property on 951. Now they've got pieced decellanes and they have this proposed entrance, looks like a right out only. How does that sit with your department? Because they're making some stipulations but it's all contingent on that issue. MR. CASALANGUIDA: The stipulations that Mr. Anderson spoke of? CHAIRMAN STRAIN: Uh-huh. MR. CASALANGUIDA: The only problem I had was when you referenced Tract I believe 113. CHAIRMAN STRAIN: 114. MR. CASALANGUIDA: 114. We can fit that right out only. Providing an egress point is not as big of a problem as an ingress point. The deceleration lane that's shown on their primary entrance would meet standards and we would want that. The right out, as long as it was before the road came back in for the deceleration lane for 11 th, we would be okay with that as well too. I think specifying that it would be in between their primary entrance and 11 th would be okay. CHAIRMAN STRAIN: Okay. And when you do the future six-laning of 951, was it transportation's current plan to leave a left turn opening onto 11 th Street? MR. CASALANGUIDA: Has not been decided, but we would be putting a left in based on the needs for the shopping center and the residents. CHAIRMAN STRAIN: If the shopping center wasn't there, would you put the left in? MR. CASALANGUIDA: It may be in there. It would meet spacing requirements. CHAIRMAN STRAIN: Would you put it in? MR. CASALANGUIDA: I don't know if! would put it in. CHAIRMAN STRAIN: Are you doing that typically for the streets as you go up 951 in the six laning version of it? Right now you have lefts at every single street. Is that what you're planning to do along 951 as it's expanding to six-lane? MR. CASALANGUIDA: No, sir. It would be selective. But this would be an area that would meet the spacing requirements. CHAIRMAN STRAIN: Well, that's interesting now, because we're stumbling on a whole new subject. You're saying that the future neighborhoods in the six-lane version ofthis 951 going, say, north of Pine Ridge Road -- and even south, but mostly north -- they're not going to have all left turn accesses into their streets? MR. CASSALANGUIDA: Probably not every single one, sir. No. Page 51 J 'Ie August 3, 2006 CHAIRMAN STRAIN: That means they're not going to have lefts out either? MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: Have you aired this -- I mean, I know it's not the subject but I hope you guys air that -- before you build that road I hope you go to the Estates people and the commissioner of that district. MR. CASSALANGUIDA: We have a policy that we're working with that we do not do median openings -- unprotected median openings in the six-lane facilities. We're trying to get to a more projected movement. CHAIRMAN STRAIN: I don't care what your policy is, people have lived there for decades and that's quite a change. To get to home anymore you're not going to be able to turn down your street. You ought to air that very carefully in the public. MR. CASALANGUIDA: It will be done at the 30 percent design review. COMMISSIONER SCHIFFER: Mark-- CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: -- let me jump in on that, is that I live in a street where you closed that and that's a real pain in the butt. And it also puts you into intersections that are busy. And while you're sitting there waiting, you wonder what was the wisdom of closing that off when we had a really clear, easy shot, never got in the way of traffic. MR. CASALANGUIDA: It could be the conflict in providing that left turn lane back-to-back with something else. The idea that -- COMMISSIONER SCHIFFER: We don't need the answer. I'm just saying be careful, because, you know, as you're waiting in this traffic jam you look back and no traffic around where you could have made that turn. Go ahead, Mark. CHAIRMAN STRAIN: No, that's fine. The six-laning on 951, what's the timetable on completion? Now, remember, we have gone through this with you guys before. We have stipulated projects on completion dates instead of actions. And maybe actions are the way to go, but I just, for the sake of future discussion I'm going to be having with Mr. Anderson, when is the completion of951 going to occur? MR. CASSALANGUIDA: Sir, this portion of the project is scheduled to begin construction in 2008, so I would anticipate a 24 to 30-month time frame for construction. CHAIRMAN STRAIN: 2010 is approximate then, sometime. Is it funded? MR. CASSALANGUIDA: It's funded. CHAIRMAN STRAIN: Is it contracted? MR. CASSALANGUIDA: No, sir. CHAIRMAN STRAIN: It is funded. Is it designed? MR. CASSALANGUIDA: It's 30 percent now, sir. CHAIRMAN STRAIN: The commission has at various times approached these projects, and I think it was Commissioner Coyle that was looking at was it funded and contracted, and if it was, that's some of the criteria he set. Is that a fair statement? MR. CASSALANGUIDA: I believe he's brought that up, that's a fair statement. CHAIRMAN STRAIN: Okay. You're getting certain benefits from this project, right-of-ways and things like that; is that correct? MR. CASSALANGUIDA: Right-of-way and water management, sir. Page 52 .,< 61 4 ',) Ie '.-..,., ! . }! August 3, 2006 CHAIRMAN STRAIN: Is there anything on this project that if they were required to -- and I'm thinking of the mess that is now going on down at Manatee Road between Manatee and U.S. 41, that Wal-Mart that's being done and backing traffic up every single day for miles and miles. It's absolutely ludicrous to have had that happen. And that's partly because they're doing their on-site activities at the same time they're building the road. They should have built the road first and then not been issued an SDP until that road got completed. Is there any reason a similar instance couldn't occur here, in the sense that if there are any off-site improvements needed, induding turn lanes, access points and all that, that they couldn't be completed before the SDPs were approved? MR. CASSALANGUIDA: I would say that we would stipulate that the off-site improvements be done before on-site improvements begin. CHAIRMAN STRAIN: Thank you. Is anybody -- oh, one last question. $25,000 for signalization improvements. Have you evaluated that? Is that a fair contribution? MR. CASSALANGUIDA: It is, sir. It is approximately going to be 10 percent higher than what our calculations show, but we've agreed to that for a safety error -- margin of safety. CHAIRMAN STRAIN: Anybody else have any questions? Margie before Mr. Kolf1at. MS. STUDENT-STIRLING: This is just a comment about the donation language throughout that paragraph. The word convey, dedicate and donate seem to be used interchangeably. And I discussed this with Mr. Casalanguida, and he suggested just utilizing the term donate. Because you typically dedicate on a plat and convey otherwise. And since it's not known exactly what format that may come through in and what stages, the donate seems to make better sense to be utilized throughout. So it gives the leeway to either dedicate or convey. CHAIRMAN STRAIN: Melissa, did you make that note? MS. STUDENT -STIRLING: Thank you. CHAIRMAN STRAIN: Mr. Kolf1at? COMMISSIONER KOLFLA T: Nick, 11 th Avenue Southwest is a dead-end street; is it not? MR. CASALANGUIDA: Yes, sir, it is. COMMISSIONER KOLFLAT: Do you anticipate any increased traffic going down that street towards the dead-end with this installation? MR. CASALANGUIDA: Sir, there may be some initial bypass that, oops I made a mistake, that stuff, but no. No, sir, no -- COMMISSIONER KOLFLAT: So it will remain about where it is now, subject to future development? MR. CASALANGUIDA: Excuse me, could you repeat that? COMMISSIONER KOLFLAT: It would remain as it is subject to future development. MR. CASALANGUIDA: Yes, sir. I'd like to follow up with one comment as to what you just brought up. Any commitments the applicant may make to the community, such as traffic calming and things like that, would be subject to meeting our warrants. On a dead-end road they mentioned they would offer to traffic calm that road. If it's a dead-end road, it would meet the county's warrant requirements for any sort of traffic calming. CHAIRMAN STRAIN: Well, that's a good point. And how -- if the -- if they were just to provide a left turn into this property, no right turn in from 11th Street, how could that be controlled from a traffic viewpoint, without changing the configuration of 11 th Street? I mean, I'm wondering what would stop people from going in if there's no median to prevent them Page 53 " ~ f, j i\ \.....~ i Ie August 3, 2006 and if there's no curbing to prevent them or something like that. MR. CASALANGUIDA: When you say going in -- CHAIRMAN STRAIN: Going in from a different direction. There's been a proposal by the residents that they be allowed a left turn lane into the shopping center so they don't have to go out and make multiple lefts to get into this facility. And they've asked that that be restricted to that turn movement, not have a right turn in as shown on this plan. I'm wondering, in practical application, is that something that is feasible? MR. CASALANGUIDA: If you wanted to restrict it to only an eastbound left into the shopping center for the residents only? CHAIRMAN STRAIN: Yes. MR. CASALANGUIDA: You could pork chop it or design it in such a way that it would restrict it from the right turn in. CHAIRMAN STRAIN: Now, 11 th Street as it is now is just a narrow Estates typical road. MR. CASALANGUIDA: Correct. CHAIRMAN STRAIN: Would that require any modifications to 11 th Street? MR. CASALANGUIDA: To pork chop the entrance you could probably do it mostly on-site with some minor modifications to 11 th Street. CHAIRMAN STRAIN: Minor meaning a widening of the street or a median in the street or-- MR. CASALANGUIDA: To put a -- you wouldn't put a directional -- for the amount of left turns coming from 11 th Street, you wouldn't put a dedicated left turn lane in there. You wouldn't have the volume requirements to do a dedicated left turn. CHAIRMAN STRAIN: Just put a break in the pavement markings, probably? MR. CASALANGUIDA: Correct. And also just do something in the right-of-way in terms of a pork chop. But you wouldn't put a dedicated left turn in there. CHAIRMAN STRAIN: So the entrance coming -- or the exit coming out -- I should say there would be an entrance, not an exit. The part that's part of the project, it would have some kind of curbing or something that would prevent a right turn in? Is that possible? MR. CASALANGUIDA: That's if you're going to deviate from what's shown on this plan? CHAIRMAN STRAIN: Yes, if we're going to deviate from what's shown on this plan. MR. CASALANGUIDA: You'd have to do something like that, yes, sir. I caution you, if you do -- just as discussion matter, if you restrict that to a left in only for the residents, any northbound traffic that comes into the center or would want to come into the center -- THE COURT REPORTER: Please slow down. MR. CASALANGUIDA: I'll slow down. I apologize. Any northbound traffic that wanted to enter the center may not be able to make a U-turn at Pine Ridge Road if there's dual lefts there. So you may be sending additional traffic throughout the network without providing that northbound left in. CHAIRMAN STRAIN: Okay. But also the assumption is that if anybody's coming to the shopping center, they know where they're going because by the time they recognize it they'd be past the opportunity to turn left at 11 tho MR. CASALANGUIDA: On the first pass. It would be a learned access point. CHAIRMAN STRAIN: Okay, Mr. Schiffer? COMMISSIONER SCHIFFER: Just on that point. If it was only a left in, you wouldn't have the road cut on Collier, would you? In other words, the road cut's there because traffic could enter the shopping center. Would you still have a road cut into the dead-end street? Page 54 .1. 4~ il u~ 1 5 August 3, 2006 MR. CASALANGUIDA: No, sir. On Collier Boulevard they cannot go northbound and enter that shopping center without either making a U-turn or going someplace else and coming around. CHAIRMAN STRAIN: I don't think-- COMMISSIONER SCHIFFER: That's not the question-- CHAIRMAN STRAIN: I think the question he -- yes, that's not the question he asked. COMMISSIONER SCHIFFER: The question is, just to follow what Mark said. Mark said if you limited it to be a left in only for the residents, you would not -- or would you still put the road cut into that street? CHAIRMAN STRAIN: He's talking about the road cut on 951. MR. CASALANGUIDA: If you were to restrict that to residents only, I think we would have to consider if the shopping center could provide safe access at the southeast comer, providing them a northbound directional left. You may restrict the residents that left turn. That left may go away into 11 tho CHAIRMAN STRAIN: So if the residents then -- possibility, if the residents don't accept the right turn into this shopping center, along with their ability to make a left turn in, then there's a greater possibility that the left turn in off of 951 that now exists for 11 th Street is going to go away. MR. CASALANGUIDA: We would look at that as an option, yes. CHAIRMAN STRAIN: Would you ever consider opening up a left turn in to the western entrance, the larger entrance on this shopping center like is shown on this map? Because there's already existing left turn lanes there, you just put another break farther back. MR. CASALANGUIDA: The main entrance that you show halfway down, is that the-- CHAIRMAN STRAIN: Yes, that's the one. MR. CASSALANGUIDA: We would not recommend putting a northbound left into that access. CHAIRMAN STRAIN: But would you -- MR. CASSALANGUIDA: Would we consider it? CHAIRMAN STRAIN: Yes. I'm not saying recommend because I know you guys don't ever recommend anything, you just kind of let it happen. But there are all kinds of traffic arguments, and Reed is a wizard at making those arguments. So if he came in with this great TIS that showed all the benefits of that, would you be inclined to allow something like that to happen? MR. CASSALANGUIDA: It would not be under our access management policies right now, so we'd have to deviate from that. CHAIRMAN STRAIN: But you've made plenty of deviations to those policies in the past. I mean, Estey Avenue is an example of one. MR. CASSALANGUIDA: I think for that to happen, we would have to -- if this PUD was approved, it would have to be brought up as part of our 30, 60, 90 percent plans for Collier, incorporated in terms of a board decision for an access point. CHAIRMAN STRAIN: Thank you. Anybody else have any questions of transportation? COMMISSIONER SCHIFFER: Just one more. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Nick, the density on that intersection right now, you feel, and Mark is right, I can hear in the back, you feel that a right turn in, right out loop road, as it was called in the Growth Management Plan, would not be recommended? MR. CASALANGUIDA: No, sir, it is recommended. What I found in many of the other projects I've worked with now where you have activity centers at the comer of two arterials, especially going to six lanes, that because of the access management that you have restrictions, you cannot provide full movements there. So they lose the viability of a loop road, as required in the GMP or activity center Page 55 f! ,11 ~ August 3, 2006 documentation. Doesn't meet the intent of what it was put in there for. COMMISSIONER SCHIFFER: But in this case it does relieve that pressure for the right turn. MR. CASALANGUIDA: For the right turn. Only for the right turn. COMMISSIONER SCHIFFER: Right. And right now if somebody went to the shopping center to do that, they'd come out with a sheriffs deputy on their tail, probably, right? MR. CASALANGUIDA: I don't think you're going to get many people that would bypass that. intersection through the shopping center just for the purpose of getting around the intersection. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Anything else of transportation? (No response.) CHAIRMAN STRAIN: Hearing none, we'll take a break till 12:10. Thank you. (A recess was taken.) CHAIRMAN STRAIN: Okay, it's 12:10 then, and we'll resume the meeting. Just so that everything is squared away during the break, I have more disclosures. I talked to Mrs. Lamb and some of the other residents about looking for a way to resolve some of these issues. And I also talked to Mr. Anderson in the same manner. Does anybody else have any conversations during break you need to disclose? COMMISSIONER MURRA Y: In that same spirit, I chatted with the folks, but I didn't get into any detail, but -- so if anybody observed that, I was just being generally nice with the folks. CHAIRMAN STRAIN: That's your nature, Mr. Murray. COMMISSIONER TUFF: I did speak with an individual about that right turn off for the residents. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Hearing none, we'll go forward. We left off with the ending of transportation. I know that with all that's been discussed, there's going to be a lot more questions and debate with the applicant as we go through this. But I think it's beneficial now that we hear the registered speakers. And Ray is not here to help us with that, since he has all the registrations. Maybe Melissa can find those for me. Ah, he's returning. MS. ZONE: Do we want me to start? CHAIRMAN STRAIN: How many speakers do we have, Melissa; do you know? MS. ZONE: I believe he said 11, but let me make certain. Ten. CHAIRMAN STRAIN: Okay. For those people wishing to speak, we ask that you try to limit your discussion to five minutes. Weare somewhat flexible, but longer dissertations don't necessarily help your cause. We ask that you don't be redundant and focus on the facts. It will be the best way to get your points across to us. Ray, if you could call the first speaker. MR. BELLOWS: Kelly Huff. CHAIRMAN STRAIN: Either one, sir. MR. HUFF: Hi. Kelly Huff. Resident on 11 th Avenue for over 20 years. I'm going to throw my cheat sheets away, you guys addressed most of the concerns and answers today. I appreciate you setting the standard for what will go here. We all wish that nothing will be built here ever, but that's not going to happen. I do support this project. I supported it the first time they presented it. I appreciate you guys asking for it to be down-sized. Now some more concerns have come about today for the safety of getting in and out ofthis project to me more than anything. I don't want to lose my entrance into 11 th Avenue. If you create only a left turn Page 56 161 IG 5 August 3, 2006 into that project on 11 th Avenue, we're going to have more traffic turning down there to make V-turns on the street just to turn back into that project. This is the best design I think in general, most of us, with Sembler taking our suggestions into thought, this is what it came out to be. I also don't want to have to go farther north to try to turn into the main entrance of the project and try to cross over three lanes of traffic that close to Pine Ridge Road. There was another -- oh, Mr. Strain, your first answer was, I think, was concerning the deacceleration (sic) lane going south onto 11 th Avenue where the bus stop would be. I personally wouldn't want to be going south on three lanes of traffic to have traffic stop behind me so I could turn in there. I support the deacceleration (sic) lane into 11th Avenue. I know a lot of the residents were all going to have the same concerns. In the design or the question about parking being behind the building, I hope it don't come to that either. Mr. Matusiak (phonetic) that lives back there that's, you know, paying the price for most of this development, I don't think he'd want to see that either as far as traffic being behind these buildings, as much as possible. I think that's most of my concerns. I appreciate you guys looking out for us to make sure this is done. I support this type of project. I don't want five strip malls in there. I don't want us to be back here, since Mr. Strain mentioned a racetrack gas station lit up at night and them being the next one to try to get approved to put on this whole site. CHAIRMAN STRAIN: Thank you. Mr. Murray. COMMISSIONER MURRAY: Just to relate to you that even if this project were not to happen when they six-lane the road, that issue about 11th has to be addressed to the transportation department. And so they're in the 30 percent design, so I would recommend you strongly relate there. Because that really is not even a matter for us. I mean, we'll take that into consideration. But that may -- it's more a matter of transportation. I strongly recommend that. CHAIRMAN STRAIN: Mr. Huff, do you, through your children, utilize the bus stop at the end of the street? MR. HUFF: No, I don't. I'm fortunate, my wife takes my son to school. CHAIRMAN STRAIN: Okay. Because I'm going to be asking every resident up here that question. I want to know what their thoughts are, so they can start thinking about how important that bus stop is. Because that is an issue that I'm very concerned about. But I do appreciate your comment on that. MR. HUFF: I would hope, and I think it would be the safest, hopefully the bus stop can be incorporated into the wooded park area that we all asked to be there. I think from the safety issue of the children at that bus stop, I would hope they would not incorporate the CAT system in with our children for the bus stop. I hope they keep those separated. CHAIRMAN STRAIN: Thank you, sir. Next speaker, Ray? MR. BELLOWS: Frederick Leisse. CHAIRMAN STRAIN: And the speakers can use either podium, whatever is most convenient to you. MR. LEISSE: I'm a 17-year resident of 11 th Avenue Southwest. I'll guarantee you, I did not move to 11th Avenue Southwest or the Golden Gate Estates to be in proximity to a retail center. It certainly was a reason to move away. Before living where I do now, I lived in the Glades, and I was within walking distance of the old K-Mart and Naples Town Center. And I sought out Golden Gate Estates because of its isolation, quiet, Page 57 1 t) I It; August 3, 2006 minimal traffic, and just the pleasure of living in the woods. Well, I do not agree that development is improvement. And I don't think our area is going to be improved by this development. But it seems like the development itself in some form is a fait accompli, and so we have to accept it. The major thing that I am concerned about more than anything else, as all of us are, is all northbound traffic on 951 going into this development is going to end up on 11 th Avenue Southwest. And we're going to have traffic. If it is a successful development, and I'm sure that's everyone's wish in terms of the developing side of the argument, we're going to have major, major traffic problems on 11 th Avenue Southwest. Because everything going north that turns in to get into it will come out on 11 th Avenue to go south and return whence they came. So the end of our street is going to become a major traffic choke point. And I just do not really relish the thought of what we're going to have to deal with after what we've enjoyed for so long in the last, for my part, 17 years. The only other question I have is on this retention pond. At best it's going to be an attractive nuisance. Is it going to be fenced and are there going to be protective measures to keep the neighborhood kids, and maybe not neighborhood kids but kids from elsewhere, away from this retention pond? Those are the concerns I have. Thank you. CHAIRMAN STRAIN: Thank you, sir. And one question I have for you. And you need to be back at the speaker, if you don't mind. The school bus stop, do you have any children that utilize this school bus stop? MR. LEISSE: No, all my children are in their thirties and forties. CHAIRMAN STRAIN: Yes, I thought you might say that but I wanted to ask the question. Thank you. Next speaker, please. MR. BELLOWS: Beth Davis. MS. DAVIS: My name is Beth Davis. I live at 4110 lIth Avenue Southwest with my husband and three boys, ages 10, six and one. Our house is located within 500 feet of the proposed Brooks Village. We live next door to Mr. and Mrs. John Lamb and directly across the street from Mr. and Mrs. Mike Matusiak (phonetic) whose property has once been in question. I'm a certified Collier County teacher, but have instead chosen to stay home and raise my three children. I am more comfortable speaking in front of a classroom of children, not my peers and other professionals, so please excuse my nerves. Although I have not always been vocal I have attended meetings and am very aware of how things have been progressing regarding the proposed shopping center. On the occasion that I wasn't able to attend the meeting, I have seen the recorded video. It wasn't until approximately a month ago when I read an article written by Mr. Strain in the Collier Citizen that I felt compelled to speak up. I too believe there's power in numbers and that I must do my part to protect my family and help stop the insanity that has taken over Collier County. While I have my concerns regarding Brooks Village, let me begin my saying that I believe there's simply no need for a shopping center this size on the comer of Collier Boulevard and Pine Ridge Road. I clocked the distance from the Publix at Vineyards to my mailbox. It is a mere 2.5 miles. The Sweetbay north lIth Avenue is not much further away. I realize that changing roads are inevitable, however, a much smaller neighborhood center without public access on 11 th Avenue would be sufficient. I am completely opposed to the center that the Sembler Company has proposed. More importantly, I'm opposed to the public access on 11 th Avenue. I don't want the extra traffic, which directly affects the safety of my children. I don't want the middle of the night noise from delivery trucks that is inevitable from Page 58 16/ lC5 August 3, 2006 a major grocery store such as Publix. I don't want a retention pond across the street from my house that will undoubtedly pique my three boys' curiosity. A pond that will only be a stone's throwaway from the end of my driveway. I don't want my children catching the bus from a crowded parking lot, no matter how beautiful the Sembler Company promises to make it. This location of a bus stop only gives more places for predators to hide. I'd like to now make some comments regarding the Sembler Company, if I may. However, I'd like to preface those comments by saying that I believe some wonderful suggestions were made by some of you at the last meeting, more specifically, the recommendations for the Sembler Company to listen to the wants and needs of the residents of 11 th Avenue Southwest, and for them to remove Tract 114 from their proposal. While the Sembler Company did hold neighborhood meetings, I feel they were strictly going through the motions. Their ability to work with the public lacked something to be desired. In the last two neighborhood meetings, residents who opposed their ideas were not allowed to completely speak everything they wished. They were cut off in mid-sentence, they were laughed at and ignored. In my opinion, the people representing the Sembler Company were rude and treated those of us who opposed their ideas unfairly. On the other hand, they joked and laughed with residents who were in favor of their ideas, as if this were a laughing matter. I'm not laughing. I feel as though the Sembler Company has believed things would completely go their way from the beginning of this process and they are trying to bully the neighborhood into thinking this is a done deal. This was evident from the postcard they sent out saying the center would be opening in the fall of 2007. I do not intend to let anyone bully me or my family. Nothing is more important to me than the safety of my children. That is why I'm here today, to ask that you not approve the proposed Brooks Village shopping center. In my opinion, the Sembler Company has not followed your recommendations and therefore is endangering the safety of children and natural beauty of 11 th Avenue Southwest. If for some reason you think the Sembler Company's proposal is acceptable, I must say, my family will not see the finished product. We will be forced to move completely out of Florida where we can find what we already have on 11 th Avenue at an affordable price. And the answer to your question, Mr. Strain, I do have three children, and they do use the bus stop, with the exception of my one-year-old. CHAIRMAN STRAIN: Thank you very much. Ray, the next speaker? MR. BELLOWS: Karen Leiti. MS. LEITI: Hi. My name is Karen Leiti, L-E-I- T -1. And I live on 11 th Avenue Southwest also. I believe that a residential neighborhood is supposed to be a residential neighborhood. We don't need the increased traffic. It's just going to make a mess of what we already have there. It's a -- in my opinion a beautiful neighborhood. That's why I bought it. I like it the way it is. I know that shopping centers need access and people have to come in and out. I know that just from shopping down at Publix over by the Vineyards. I know how hard it is to get out of there at certain times of the day. And I really don't want to see that kind of traffic backup at the front -- or the beginning of my street. I was at the meeting last month, well, June 15th meeting, and Commissioner Donna Caron had said, and I'm quoting, take that outparcel out, referring to Tract 114. My neighbor Beth and I got 70 signatures out of 43 households that indicate that they want the Page 59 'Ii 6' I 1 I Ie August 3, 2006 developers to go along with Ms. Caron's recommendation to eliminate Tract 114. Leaving that alone would leave the bus stop alone. And that's important to me and that's important to all the neighbors who have children. In the spirit -- that's basically what I have to say. I would like to see them leave Tract 114 alone. Decorative lighting along the side of my street or a decorative entryway with the Brooks Village sign, that really doesn't matter to me. I didn't move to Brooks Village, I moved to 11 th Avenue Southwest. And so that's basically my feeling. I prefer that there not be any public entry or, especially, public exit from 11th Avenue Southwest. In the interest of neighborhood compatibility, however, and in the spirit of compromise, if Tract 114 has to be included, then I definitely would like to make sure that there is no entry or exit to the public, to anybody who does not live on 11 th Avenue Southwest. And that's all I have to say. Thank you. CHAIRMAN STRAIN: You know my school bus question? MS. LEITI: Yes, yes. I have -- well, this is a yes and a no for me. I have a 17 -year-old, so she's a little too cool for the bus. However, her car is the only thing I have to punish her with. So whenever she does something that she shouldn't, I take the car and she takes the bus. So yes, I do have a child bus age, and I do not want the bus stop moved. CHAIRMAN STRAIN: Thank you very much. Thank you, ma'am. Next speaker, Ray? MR. BELLOWS: John Lamb. MR. LAMB: John Lamb, 11 th Avenue resident. Thank you very much, Commissioners. I'd like to express my disagreement with the access on 11 th Avenue. I disagree with using Tract 114. I believe that the Sembler group, if they chose to, could have designed around this. Our participation with the four public meetings that they've had, had it unanimous, if not majority, comments about no access on 11 th Avenue. And after four meetings, they still continue to have their plans for access on 11 th Avenue. I feel like that's a slap in the face when it comes to working with the residents. I understand that, you know, money is the motive there. They have retailers and people and commitments. But I'd like to, you know, remind them that it's this process that they have to get through to make this happen. And I don't feel like they've addressed our issues. I think at the very last meeting that there was a potential compromise that would have allowed an entrance into only off of 11 th Avenue. The items in which beautification of 11 th Avenue, I really don't want that, because that will attract people to think that that's part of the shopping center, which will attract people to pull into 11 th Avenue. I think that there's just a lot of things wrong. In sitting here and listening to them propose and the questions that you've asked and the comments that you've asked them to do due diligence in preparing their plan, and then to be coming up short on so many items is a clear reason that, you know, this is something that they haven't even defined themselves as far as use-wise, lighting, hours, up until the very last meeting, the fourth meeting that they had, which, you know, after the last meeting was brought up about the hour usages, they still were wanting to use up to midnight as the hours of deliveries for their clients. Only in the last meeting did someone again bring it up to them. You know, these are items and issues in which I think does not represent a cooperative developer with the owners on 11 th Avenue. In addition to that, at those meetings, when the people spoke up against it, they were cut off short, asked to sit down, laughed at, me being one of them. When we were asked to show a video of the comments of the commissioners at the last meeting, we were denied that. At the last meeting when Page 60 ,161 1~5 August 3, 2006 someone had a CD of that same video and said if you don't believe what they said, I have it right here, they denied to watch it and continued to say that the things that were on the video were not true, which were your comments. And the proof was right there, but they denied access to show everybody it. I just feel like this is a developer that, you know, is supposed to be a good neighbor but just hasn't demonstrated that effort to work with us. I think we're reasonable people. You know, I think, when I moved to the Estates, I wanted an Estate home. When I look out my windows, I don't want to see a shopping center, I want to see trees. And I think that's the expectation of all the people on our street. I understand that there's people that like the access to the shopping center but don't want the traffic from the shopping center. And the only compromise that would allow that to happen is the entrance into it only, which would not disrupt the bus stop in which I have three kids who catch that bus, okay. It's very, very important to us to have that bus stop. You know, one of the things is, you know, many ofthe parents, including my wife, take the kids down to the bus stop to catch that bus and, you know, that's a morning ritual. That's part of the ambience of living in the Estates. I don't want to see that taken away from us. Other safety issues, you know, I'm concerned about, you know, with the retention pond and so on. There's many issues I think here that could be looked at, and I'm sure that you're all aware of, have your own notes, that they just have come up short with some of these things, The bus stop with the planning. You know, it is determined, and if you call the county school board, they will determine that you cannot have a bus pull off in a turn lane, okay, a deceleration lane. It's not going to happen. So they haven't done due diligence. And this is the one reason that they haven't been able to get confirmation or anything in writing from the school board about that bus stop. And there's potential for this bus stop, if they do put those deceleration lanes in there, for it to be moved down to another street then, which makes our kids have to go to another location for this bus stop. I find that hugely alarming and I find that, you know, something that, you know, hasn't been clearly conveyed that they are basically promising this bus stop in the shopping center, that's not going to happen, you know. If it was going to happen, they would have gotten the confirmation in writing or something in writing from the school board that said it could happen, and they denied (sic) to get that. Gentlemen, thank you very much. I hope that you vote against it. Thank you. CHAIRMAN STRAIN: Thank you, Mr. Lamb. Is there a next speaker, Ray? MR. BELLOWS: Beth Lamb. MRS. LAMB: Hello. I'm Beth Lamb, and I live within 500 feet of the proposed development. I also have some statements with me from some of the other neighbors who couldn't be here, and I'd like the opportunity to read them when I finish saying what I would like to say. CHAIRMAN STRAIN: We can give you a little bit of extra time. MRS. LAMB: I'm just a country girl from Ohio. I've been in Florida 34 years. When I moved here, I was taught that I was a guest here in Florida, and that as long as I didn't impose my way on other people, I could stay here. Now, they don't teach that lesson too much anymore in Florida. But I do believe that 22 years ago when I came to Naples that this county feels the same way, and that a developer is a guest here and that they need to understand that they need permission to build here, and that they shouldn't come across with a cocky attitude like we've got the money, we can do what we want. Because we have trees in our yard, like my husband said, that we like to look at. And there's a comer entry into our properties, 11 th Avenue. And we don't want that destroyed. We want it to be what we bought when we originally moved out to Golden Gate Estates. Page 61 1.6' Ie 1 August 3, 2006 We have some neighbors who have come up against the people who have been petitioning, myself and a few other neighbors have put out some petitions. We passed that petition to you at the last hearing, and there was some question whether or not that the signatures were valid, that they were from 11 th Avenue Southwest. There was a UPS man who drove on 11 th Avenue Southwest. He felt he'd be terribly inconvenienced if that shopping center was there and all that traffic where he couldn't get to his next delivery. He didn't put his own address, which is somewhere else in Naples, but he put it on the petition, and there was a lot of question about that. I just want to say that we've never had the intention of trying to keep our neighbors out of the shopping center. What we want to do is we want to keep the traffic off of 11 th Avenue Southwest. And if it weren't for myself and a couple of my neighbors who live within 500 feet, the other neighbors would have never even been informed that this process was going on until the signs hit the street side. So we were including them to actually get everyone's opinion and to come to some kind of compromise and agreement that there were other people who felt the way we did. Excuse me, I'm trying to make sure I'm reading everything from my notes and I'm trying not to be redundant. First we didn't want anything there, we didn't want it to be rezoned at all. After the last hearing we acknowledged that a neighborhood center will be built. And now we have begun this process with a second petition, which I'd like to come forward and give each of you a copy of. CHAIRMAN STRAIN: Yes, you can do that. MRS. LAMB: Thank you. And I also have a list of every address on 11 th Avenue Southwest. Mine is not included because my property frontage is actually 951, but my driveway is an easement that's been right-of-wayed on 11 th Avenue. So my address isn't in here. So that would make 44 residents that Karen was talking about earlier, 44 households that have signed the petitions. And there are exactly 63 lots, if you will, on 11 th Avenue. Mine would make 64. And I have checkmarked each address that has signed the petitions. So you have numbers -- I'll give this to you. CHAIRMAN STRAIN: And you'll need to leave an extra copy with the court reporter as well. We've all received this. Is there a motion? COMMISSIONER SCHIFFER: So moved. COMMISSIONER VIGLIOTTI: (Raises hand.) CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, seconded by Commissioner Vigliotti by raising his hand. All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Okay, you can continue, Ms. Lamb. MRS. LAMB: Thank you. Of those 63 properties, three haven't been built on yet, and three of Page 62 ij IG 5 August 3, 2006 them we knocked on the doors, they were empty homes for sale. Some of them are rentals and some people are seasonal. So the actual exclusion of some signatures is possibly because the people weren't here to actually be polled or asked their position. It simply asks the Semblers to comply with the commissioners' recommendations from the last hearing, which we did video. And a lot of the comments -- I won't say a lot, but some of the comments didn't make the court reporting, because a lot of things were said over in the corner. And Mr. Strain, you did make a note of that and tell them they need to speak directly so it would be part of the notes. So we even have some things on our video that aren't part of the written notes. We did meet with the Semblers. The Semblers met with the neighborhood four times, that's been mentioned. And as my husband and Beth Davis said, every time someone spoke up against what was going on, we were told to sit down, we were told it was their neighborhood meeting by the Sembler Company and their representatives, and that it wasn't the Lamb meeting. When we spoke we were ridiculed and laughed at, a lot of eyes rolling and arms crossed and a lot of negativity towards people who were just trying to protect their interests. At the last meeting on July 27th, the neighborhood did come to a compromise. My husband and myself were not invited to that meeting. I did call the Sembler Company and asked them for an invitation. We actually had made reservations to go out of town, so my son came and videotaped the entire neighborhood meeting and I had that put on a DVD. So we did have that meeting. And my husband and I watched it together and we realized that the majority of the people at that meeting, they only want access into the center for residents only. No right in from 11 tho Okay. I think that that's pretty much what everyone can agree to. I think that compromise is what everyone can agree to. And as Mr. Murray said at the last commission hearing, he believed that the Sembler Company could make a nice neighborhood center. Well, I believe that Collier County transportation can make -- they're capable of providing a nice entrance for them to get into it without accessing or cutting off 11 th Avenue. They do it all over town. Everybody knows we could come in here with many, many examples. All of these exceptions are made, why not for 11 th Avenue, so that we can preserve what we have. We don't want public access and we don't want to move our bus stop. Mr. Rodriguez on the corner doesn't want sidewalks. He's the property that's directly south on 11 th Avenue, the first house on 11 tho His property frontage is also 951. He can't be here today, he's out of town. He's also Hispanic so he speaks with an interpreter. I spoke with his interpreter several times. Mr. Rodriguez does not want this traffic backed up in front of his home. He doesn't want it. I also spoke with Lynn Wendell (phonetic) and she is the supervisor at the school transportation north compound. And she said they will do whatever it takes to keep the children safe. This includes moving our bus stop to 13th Avenue. That's nearly half a mile away. If we have right out only on 11 th and a U-turn between lIth and 13th, the parents will have to go around the block to get to their homes twice a day. Leaving the school bus stop alone and no access for the public is the only realistic solution. Amy Taylor at the school planning board said that she spoke with Mr. Anderson and told him yesterday that their most recent bus stop shelter location will not work. They didn't not make a commitment, they told them no bus is going to stop in an easement or a pull-off for a shopping center or any other kind of access. Now, along lIth Avenue they were also asking Ms. Wendell if they could put the bus stop down 11 tho She told them absolutely not. She didn't say we're not going to make a commitment. Absolutely not. We don't have a cul-de-sac at the end of our street. As the developer stated at the last hearing, they won't let them put on (sic) every street on 951 which they'd have to do if they did it for us. There's nowhere to turn around. Page 63 ""..;-' August 3, 2006 If our bus stop was moved further south to let the shopping center have this access, every model for the next block down to 13th also has a pull-off. We would not have a stop, even my property, which isn't a model, has the pull-off for the model next door. There would not be a stop until 13th. Now we're talking about -- these people are going to be down here and now they're not going to be able to get back to their homes? If they eliminate our V-turn at Green Boulevard, they're going to have to make a right. They're going to have to go over to Logan, back to Pine Ridge and back to 951 to get home with their kids after they pick them up from the bus. CHAIRMAN STRAIN: Ms. Lamb, I know -- I wanted to give you more time, and usually that is about 10 minutes. You're already approaching that and you haven't related to us the other statements you wanted to read for the record. So I want to make sure you schedule enough time for yourself, and I'll give you still a little bit more, but you've got to kind of start getting to the end here. MRS. LAMB: I'm good. CHAIRMAN STRAIN: Okay. Thank you. MRS. LAMB: A couple other things. One of those flyers the Semblers sent out to what they thought was 40 residents, and they can verify they ran short because we have 63 -- the third question on it says if the center is built, would you prefer to have direct access to the center from 11 th Avenue. If there is no access, you would need to take a right on 951, make a V-turn past Green Boulevard, then drive back to the Pine Ridge intersection, make a second V-turn, then turn into the center. That's a yes or no question, by the way. I'd also like to say that from my last time I spoke, the plan amendment by Ordinance No. 2004-71 on October 26, 2004 did state that that criteria for land use at the centers, they may be utilized for single-family residential. I know that came up earlier. It has already been amended. COMMISSIONER MVRRA Y: Before -- if I may? CHAIRMAN STRAIN: You have a question, Mr. Murray? COMMISSIONER MVRRA Y: Before you would go into the other persons, I'm curious. On the petition, there's an indication that there's to be no car wash, no convenience stores or gas stations. Just what would be the reasoning, so I understand it more clearly, please, why you folks wouldn't want a car wash, a convenience store or a gas station? I think I might understand convenience store, maybe gas station, but car wash, because of -- MRS. LAMB: I believe Donna Caron just said we've got one across the street, why do we need another one at this comer. Mr. Strain also remarked the last thing we need is another convenient store on another comer in Naples. COMMISSIONER MVRRA Y: I understand, but I wanted to be clear what your views are. I know about Mr. Strain's view, I think. Okay. So because of the fact that there was a car wash across the street, you figure we shouldn't have another? MRS. LAMB: Exactly. COMMISSIONER MVRRA Y: Okay, thank you. CHAIRMAN STRAIN: Ms. Lamb, I've got to ask that you try to be brief with the remaining time. MRS. LAMB: Okay. I'm going to read the brief statements. One of my neighbors did write something that's a little lengthy, and I have a copy for you so I don't need to read it. CHAIRMAN STRAIN: That would be better, yes, thank you. Thank you. We've each received another exhibit. It would be a letter from Mr. James Rubright (phonetic). Is there a motion? COMMISSIONER MVRRA Y: So moved. CHAIRMAN STRAIN: Motion by Mr. Murray to accept it into evidence. Is there a -- seconded by Mr. Tuff. All those in favor? Page 64 161 1 ~ 5 August 3, 2006 COMMISSIONER KOLFLA T: Aye. .COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MRS. LAMB: Okay. These are the statements from my neighbors that filled them out yesterday before we came in. The first one is from Provincia Preet (phonetic). And she lives at 4176 11 th Avenue Southwest. Says, I'm not for what's happening on our street. I wish that you could come to an agreement soon. My husband thinks the same way, too. Short and sweet. CHAIRMAN STRAIN: Yes. MRS. LAMB: The second statement is from a neighbor named Denise Taggs (phonetic). The address is 4230 11 th Avenue Southwest. Please leave Tract 114 alone. We have families, children. We only need a little space to raise our kids. We have concerns about traffic, busing and business that may come into the area. Please help us. I'd just like to close in saying I'd like to agree with what Donna Caron said at the last hearing, let's give the neighborhood what they want. And we don't want access on 11 th for the public. Thank you. CHAIRMAN STRAIN: Thank you, Mrs. Lamb. Mr. Schiffer? COMMISSIONER SCHIFFER: Just to understand, where do you live, like one lot south of the fellow on the comer? MRS. LAMB: My driveway is right here. CHAIRMAN STRAIN: I'm sorry, Mrs. Lamb, you'll unfortunately have to use the microphone, so Mr. Schiffer, you'll just have to describe it to him. MRS. LAMB: Okay. My driveway is at the southwestern point of this property, and it goes in three lots. COMMISSIONER SCHIFFER: Okay. MRS. LAMB: So our property -- yeah, there's three lots. We're the third lot. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: And you do utilize the school bus? MRS. LAMB: I absolutely utilize the school bus. CHAIRMAN STRAIN: Thank you. MRS. LAMB: Thank you. CHAIRMAN STRAIN: Ray, do we have other speakers? MR. BELLOWS: Rachelle Wemham. MS. LEITI: Rachelle was sitting behind me and she had to leave to pick up her son. She asked if -- CHAIRMAN STRAIN: You'll have to come up to the microphone, and that way it's recorded, what you're telling us. MS. LEITI: My name is Karen Leiti. Rachelle was sitting behind me and she had to leave to pick up her child and asked that somebody read this. And she wrote on the top, I hereby give permission for the residents of 11 th Avenue to read our Page 65 f J? {) , Ie August 3, 2006 VIews. CHAIRMAN STRAIN: Well, she's registered to speak, so if you want to read her message to us, that's fine. MS. LEITI: Okay. Our names are Mark and Rachelle Wemham of 11th Avenue Southwest, and we also speak for Gary and Trisha Oros, California residents and our neighbors at 4131 11 th Avenue Southwest. Weare all totally opposed to any commercial development at the end of 11 th Avenue, next to County Road 951, Collier Boulevard. We hear from the Sembler group how this will be an upscale development, but we believe it will only bring increased traffic, louder noise and more crime -- sorry, it's handwritten. We are told it will make our lives better with street lights and a bus stop for our children. We do not want lights. No other street in this neighborhood has streetlights. We bought our houses away from the commercial development for a reason, natural surroundings, not manmade, peace and quiet. This development, we are told, is to provide services for the people further out in the Estates. I ask you, do we really need another service center with a big grocery store in this location? We currently have Publix at Vineyards, Sweetbay at Vanderbilt, Publix at Immokalee, a Sweetbay and a Winn-Dixie in Golden Gate City, and a Super Wal-Mart on Collier Boulevard. Surely if this is to provide the Estates with services, then it should be built closer to the residents it is to serve. Finally, the Sembler marketing division made a very nice presentation of the proposed development to all the surrounding streets. Serving those on the -- oh, including -- I'm sorry, including those on the east side of the County Road 951. We were asked are you in favor or against such a development? No doubt the Sembler group will tell you they had a great response in favor of the development. I wonder what the response would have been if the question on the survey asked was would you be in favor of this development if it was at the end of your residential street. Thank you. And it's signed Mark Wemham. CHAIRMAN STRAIN: Okay. And Margie, since it was read into the record, do we need to keep a copy of it for the record? MS. STUDENT-STIRLING: I think you probably should. CHAIRMAN STRAIN: Okay. Could you provide that to the court reporter, to the young lady sitting right here. MS. LEITI: Do I need to make copies? CHAIRMAN STRAIN: No. You read it into the record, so a copy for her is fine. Next speaker, Ray? MR. BELLOWS: Nickie Koch. MS. LEITI: I'm sorry. And her child does use the school bus. CHAIRMAN STRAIN: Oh. And I'm sorry, for forgetting to ask. Since you were her stand-in I wasn't sure if you'd know, but you do. Thank you. MR. KOCH: Good afternoon. My name is Nickie Koch. I moved to Naples in 1957, I was in first grade. There was one red light in all of Collier County. So I witnessed a lot of development. This is one I don't like. I grew up in a house in Naples Bay, which my brother and I still own. We don't choose to live there because we like elbow room. I moved to the Estates twelve years ago and bought my house on 11 th Avenue Southwest four years ago. I moved out there for a reason. I like the tranquility. I don't like the traffic in downtown Naples. It's beautiful. Do we need a shopping center? I don't think so. There's four Publix supermarkets within 10 minutes. One 10 minutes, one eight minutes, one three minutes and one six minutes from my house. Page 66 .16/ Ie 5 August 3, 2006 There's four other supermarkets in that same area. Two of them -- there were 10, two of them went out of business, didn't make enough money. This is a big hole in the ground out here. They're going to have to put eight to 12 feet offill in there to build this thing up. Where is all that water going to go when that retention fills up from a heavy rain? On both sides of us, to the north and south, there are nice model homes. What happens to those model homes, they get sold to nice families or retired couples. Leave this property alone. There's going to be other model homes get built there. This is a residential area that I moved into. I don't want to see it changed. I'm really vehemently opposed to the rezoning and adamantly opposed to anything on 11 th Avenue Southwest. That tract needs to be left alone. You guys need to go back to the drawing boards and get it right. CHAIRMAN STRAIN: Sir, you've got to address your comments at us. MR. KOCH: Okay, sorry. I'm not a happy camper about this. It's residential. If this thing was there when I moved out there, I wouldn't have even looked at 11 th Avenue Southwest. I can't believe that we need this thing. We don't need it. There's nothing about it that we need, you know? They rezoned across the street. We got one little gas station. Put a gas station on the end. Hell, give them some competition, another convenience store, just what we need. But this is a monstrosity. Asphalt and concrete, nothing aesthetically pleasing about it. It destroys, you know, my American concept of -- I bought this house to live out my final years and retire there. I don't know where else I'd go in Naples or Collier County. It's unbelievable what's left. Everglades Boulevard where there's, you know, they're going to reflood all that, so to what I'm trapped now. I'm opposed. No shopping center. Please don't rezone. Thank you. CHAIRMAN STRAIN: Thank you, sir. Sir, one question for you. Do you have any children that utilize the bus stop? MR. KOCH: No, never been married. I'm single. I'm looking for a woman, with kids or make some kids, so, you know, that's still a possibility. So leave the bus stop. CHAIRMAN STRAIN: At least you're honest, thank you, sir. Ray, our next public speaker? MR. BELLOWS: Blaise E. Bohall. CHAIRMAN STRAIN: I betcha his name is Blaise Bohall. MR. BOHALL: That's correct. My name is Blaise Bohall. I've been living on 11th Avenue since 1976. We do have children that do use the bus stop. I think a lot of the problems I'm looking at, at this commercial project and that people are opposed to, it's just the fact that we have commercial property on the end of our street. I think the time to be opposed to having commercial property there is long gone. This is something that's already been passed through, this commercial. I think we have to live with it. Along with commercial comes a lot of problems that we're going to have to deal with. The traffic flow, I do not want to lose my turn onto 11th Avenue. Every other option that I'm hearing by not having this exit or this entrance off of 11 th Avenue closes off the entrance to 11 th Avenue from 951. I'm vehemently opposed to having my son -- he's 11, but in four years when this is all messed up with all the six lanes my 15-year-old having to go up to Pine Ridge Road and make a U-turn on Pine Ridge Road that's going to be six lanes and another six lanes, to turn back to get onto our street when she can just make a left-hand turn. So all these options to say let's have our entrance like further up, the only way I can see them doing that is by closing off 11 tho I'm really opposed to that. Page 67 .i 6 , lC August 3, 2006 I am opposed to having traffic exiting onto 11 th Avenue onto this. As much as I've been hearing how bad Sembler has been with not working with us, I think all the suggestions that we have made, they have tried. If you go back to your last meeting in June and look at their proposal that they had and what they've done now, I think you will see that they have made a concerted effort to change things so that we have the park area now on 11 th rather than over on Pine Ridge Road. They've moved the retention area away. I think they have worked with us. There are some issues that I was just listening to in the meeting. Something about video store. I don't know who zones this or whatever. If there's a video store, let's please restrict it to being non-adult. I know we do have an adult video store further up on 951. I don't know if our area has adult video that would be allowed in there. If they do end up with a video store, please, I would like to have it to be a non-adult video. The bus stop. I guess my biggest concern is the bus stop. I have had two -- I have two older daughters and they have -- we have utilized the bus stop. Everybody says they'd like to have the bus stop where it is. To me it is a major hazard where it is right now. Coming on down Collier Boulevard, the turn-in onto our street is very hard once you go through there if you have a semi-truck behind you going 55 miles an hour to even slow down enough to turn onto our street safely, okay. This turn lane would be great. I'm all in favor of this deceleration lane. When we do turn on, there's six cars parked right on the comer with kids running all over the place. I know they like to be there with their kids, I know this. We did, too. But every time I go to the bus stop and I watch the little kids run off the bus and the bus takes off and there's kids running everywhere and the cars behind them are like turning into them. This isn't something that -- this bus stop that everybody is saying is so great, that's something that we should strive to keep. Right now I think it's a major hazard. I do understand these concerns with busing and the school board and traffic. I think there's so many issues here that confuse this decision that I don't think any of the residents here can really come to grips with all the decisions that have to be made by you guys to come to this fmal decision. The bus stop, my envisioned bus stop is something that we can park in the parking lot with a sidewalk going to the bus stop so the parents can still get in the parking lot, stay with the kids and then safely get their kids to the bus stop. Get it out of the turn lane, get it out of -- however it's got to be worked out, that's what I would like to see with the bus stop. Really, if you take out Tract 114 and try to shift this stuff around -- I'm opposed to having commercial there, too, but we're going to have to have it. IfI'm going to have to have a commercial project on my comer, I want to get to it. This concept of making a left only from 11 th Avenue and not, like, block it off so people coming down 11 th Avenue can't get to it going westbound on 11 th Avenue, can't turn into the store is insane. All that would do is make the people go down 11th Avenue and make a V-turn and come back up and then turn into the store. That would be creating the problem that everybody wants to avoid having stray cars coming down the street. CHAIRMAN STRAIN: Mr. Bohall, you need to start wrapping it up. MR. BOHALL: Okay, I'm done. CHAIRMAN STRAIN: You've answered my question about the bus stop, so, thank you. Ray, do you have any others? MR. BELLOWS: Last speaker, Larry Brooks. And he's waiving. CHAIRMAN STRAIN: Okay. No other speakers? (No response.) CHAIRMAN STRAIN: Okay, before we have a rebuttal -- I guess it's not rebuttal, whatever Mr. Anderson wants to call it, I have some questions and Nick needs to come up anyway, he's got some expressions to give to us. Page 68 161 lr~ .. ...... .~ . " J , August 3, 2006 MR. CASALANGUIDA: I'm going to try and talk slow. I live off Golden Gate Boulevard, and you're going to get the similar type of access management for the school system as you would off Collier Boulevard there. When we go to widen 951 south of Pine Ridge, we will put in a deceleration lane for 11 th, as we will for all streets on the west side of the road going southbound. What the buses typically do on the Boulevard I would anticipate would happen here as well, too. They will pull past the turn lane, past the street and stop shortly thereafter, say 50 feet from the road or 10 feet from the road and pull over at that point right there. They typically do not want to pull over in a turn lane. And I opine, I asked the school board to be here at these meetings, because when these questions come up they can answer them directly. But from what I've seen from the school board, they will not skip this street. They will pull past the turn lane right after there and stop to pick up the kids. CHAIRMAN STRAIN: Okay. Any other questions of Nick? (No response.) CHAIRMAN STRAIN: No? Thank you. Mr. Anderson, did you have any statements you wanted to make? MR. ANDERSON: Yes. I want to call Ms. Overby back up to speak to you about the neighborhood meetings. And then I have a few points to make. MS. OVERBY: Amber Overby of the Sembler Company. I just obviously wanted to respond to some of the things that were addressed about our meetings. We act extremely professional at our meetings. The purpose of the meetings, it serves two purposes. Number one, to articulate exactly what our plans are and to explain the reasons behind them. And number two, to hear from the residents, to hear from all residents. So it's my job to make sure that we sort of stay on task, that everyone has the opportunity to be heard at all times. And people have approached me that, you know, the first couple of meetings they felt were ineffective. They were long, they were inefficient, and nothing was really gained out of it because everyone was sort of running around in circles. So I made sure at the last two meetings that everyone did have the opportunity to speak. So obviously I just -- I think that in terms of tone and whether or not people had their point -- you know, views heard or not, that's totally subjective. And as Mr. Anderson has explained, we've incorporated so many ofthe questions and concerns into our new plans that I think we have heard from the residents. And I've taken notes at every meeting. We actually had a person from R W A there specifically to take notes at the first meeting after the CCPC so that we did not miss anything and that we heard from everybody. So I just wanted to make that clear. Thank you. CHAIRMAN STRAIN: Thank you. MR. ANDERSON: Bruce Anderson, for the record. I think Mr. Casalanguida's comments made clear that this project is not the one that is necessitating the deceleration lane, that that would be coming with the widening of 951 anyway. And if that is going to put in jeopardy the bus stop, that's going to happen regardless of whether this project goes fonvard or not. With regard to that plan that is there, my client will stipulate to that being the PUD master plan with the following disclaimer: Building sizes and locations are conceptual and subject to a variation of up to 25 percent. That allows the flexibility to comply with the architectural requirements and other things that will inevitably crop up during the arduous SDP process. I point out that Tract 114 is now approximately two-thirds greenspace anyway. And I would say to you that it is better to develop these lots as one coordinated project by one developer rather than wait and Page 69 '1 '.. , I.~ h "l)to...,;~ 1,C August 3, 2006 have it come in with different owners or different developers piecemeal for each separate tract, which would be a possibility. The delivery hours were limited at the beginning of the -- that was on the stipulation list that I ran off. Apparently it didn't register with some folks that the delivery hours would be limited to 6:00 a.m. to 10:00 p.m. And we're certainly willing to stipulate that there will be no sexually-oriented businesses. The county does have an ordinance that strictly regulates those locations. And then lastly, I would just point out that Tracts 109 through 113 and the east half of Tract 107 have been designated in the Golden Gate master plan for commercial uses since 1997. And I would simply ask you to recommend approval of this project with stipulations as you may see fit to recommend. And we thank you very much for your time and your patience. And again, we'll be __ oh, okay. These are what we want? MR. NADEAU: Yes. MR. ANDERSON: Okay. And Mr. Strain, with regard to uses in 28. CHAIRMAN STRAIN: Uses in what? MR. ANDERSON: In use listing Number 28 in the PUD where we had the miscellaneous retail groups and you asked us to hone that down. CHAIRMAN STRAIN: Well, the numbers weren't real, so-- MR. ANDERSON: Yes, yes. The following uses, 5912 through 5921, 5941 through 5949, and 5992 through 5999, with the exception of firework sales. That would be added to the other exceptions that are already contained. CHAIRMAN STRAIN: Give me a second, Bruce, I want to check and see what these are. Well, 5921 is prohibited by the GMP, so I'm sure you don't want that. Are you in agreement with that? MR. ANDERSON: Yes. COMMISSIONER SCHIFFER: What is that, Mark, for our -- CHAIRMAN STRAIN: It's a liquor store. Okay, the rest of them are typical, from what I can tell, C-1 through C-3 uses. Bruce, I've got a question for you. A lot of this is the issue involving Tract 114. And a lot of this is the issue of the bus stop, as it currently exists today, regardless of what may happen in the future, and who knows what that could be. I clearly strongly mentioned to you and the applicant when I met with you that the bus stop issue needed to be solidified. I know you attempted to do that, but we're no further along today than we were when we talked the other day. Basically, we had a conversation that could be real or could not be real. A solution might be to eliminate the use on Tract 114 for anything but open space. I'm talking water management, buffers and greenspace. You need to have a courtyard space, a courtyard area anyway. You have more than enough water management that would take up 114 and beyond, and you could relocate some of these buildings in manners that wouldn't put all the parking in the front of the facility anyway, as Mr. Schiffer was concerned, would put it between buildings. Is there a reason why you couldn't look at that as a solution to this issue? MR. ANDERSON: Well, while my client thinks about it, I think the testimony that Mr. Casalanguida gave you indicated that the school bus stop where it is in its present location is going to be subject to review anyway by the school district because of the dece1lane that would be put in regardless of this project. CHAIRMAN STRAIN: Right. MR. ANDERSON: So I don't think our use or non-use of Tract 114 really has anything to do with the school bus stop. CHAIRMAN STRAIN: I think that you're putting this PUD forward on the premise that you're Page 70 .ULJ l t: 5 August 3, 2006 going to help solve the community's issue regarding the school bus by offering an alternative location that isn't realistic. So we have to take that out of the picture. But if you put this in in the meantime, we've got no commitment that says the school board will pick up their children at the south side of 11 th, and that for all intents and purposes, they could pick them up a block south. You have nothing to provide us with any solid evidence today that clarifies that issue. And that's what I implored you to do when I met with you on Monday. MR. ANDERSON: Believe me, I would have liked to have gotten a straight answer. CHAIRMAN STRAIN: Well, you know, I don't know what to tell you, Bruce. I think there's a compromise here, but I don't think that you're going far enough to get to that compromise. And that is the elimination of 114. And whatever happens at that school bus stop, then it isn't your fault, it isn't your issue. And it's for the neighborhood to take to the school board and deal with them. And by God, if Nick is right and all these accellanes are going to change locations, I should hope the community gets together and goes to the school board and gets -- to get this resolved, along with the transportation department's issuance and removal of left turn lanes. But, you know, I'm just offering that as something you should consider. MR. ANDERSON: Okay. Tell me again what you're proposing with regard to Tract 114? Couldn't even have any parking on it? CHAIRMAN STRAIN: Open space uses, which means you're not using it for an issue that triggers the GMP requirement to open it up to II th Street. MR. ANDERSON: So no one would have access. CHAIRMAN STRAIN: No one would have access. And it would leave the bus stop situation like it is today. COMMISSIONER SCHIFFER: Mark, can I ask a question? CHAIRMAN STRAIN: Yeah. Go ahead, Bruce -- I mean Brad. I'm sorry. COMMISSIONER SCHIFFER: It's a B word. Bruce, are you still -- MR. ANDERSON: Are you -- so you would eliminate any access to this property from II th? CHAIRMAN STRAIN: Well, if the access from the property were to be controlled left in. But I don't see how that could be practical, because what's going to happen is the people are going to go down 11 th, realize they can't get into the shopping center unless they U-turn into someone's driveway, come back up and make the left in. So I think in the end it will probably be worse for the neighborhood than better. So at this point the -- the issues for the neighborhood, I see the only solution is to eliminate 114 as an access and available use. And the only way you can take out the access pursuant to GMP is not build on it. Open space is not building. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Did you get your question answered? COMMISSIONER SCHIFFER: No, and it's actually kind of a compromise to your compromise. So Bruce might want to hear it before he answers. Or maybe not. CHAIRMAN STRAIN: Well, if you get his attention, you might -- Mr. Schiffer had a comment to make to you too, Bruce. COMMISSIONER SCHIFFER: Bruce, a compromise I thought would be is that you not have that access point until the time that the property to the south receives commercial zoning, at which time for interconnection we would actually want two-way traffic to be able to cross over without coming onto 941. CHAIRMAN STRAIN: Wait a minute, wait a minute. I've been on the Golden Gate master plan for 15 years -- Page 71 '. 61 1 ]~ C August 3, 2006 COMMISSIONER SCHIFFER: No way that will ever be called? CHAIRMAN STRAIN: Well, it's no way we've ever liked to do things in the past. I wouldn't want to have a contingency on something like that that -- I mean, that's just encouraging more commercialization in a strip format along that area. I'm not sure that's a good idea. COMMISSIONER SCHIFFER: Well, anyway, if it never comes, it's never an issue. If it does come, then you would be able to connect to that street. CHAIRMAN STRAIN: I mean, you have -- obviously you and Bruce can debate that point. Myself, I am -- I certainly think that would be a mistake. COMMISSIONER SCHIFFER: Because -- well, you're comfortable with the fact that will never have commercial zoning. CHAIRMAN STRAIN: I'm comfortable with the fact we're not going to ever -- I don't think we should be encouraging it by that kind of language. And I don't know if it even meets the criteria for additional commercial zoning, because it's not an activity center. I don't know how you'd even get there, to be honest with you. But, I mean, obviously, Brad, it's your debate with Bruce, if you'd like. COMMISSIONER SCHIFFER: It's a long future for that road. Is that a good place to live on 951? I mean, the lots are deep and I guess you can get away. CHAIRMAN STRAIN: I think we've had plenty of people here today who like living there. I mean, I still like living in Golden Gate. I certainly wish things weren't moving as rapidly as they seem to be in a lot of areas. MR. ANDERSON: You're certainly free to recommend whatever stipulations you want with regard to use of Tract 114. It's not something that we can agree to. You may, you know, go ahead and force it on us. But I would just again emphasize that it's the county, not Sembler, that is going to require the decel lane to turn into 11 th, and that if a left turn into 11 th from Collier Boulevard is eliminated, again, that's the county, not Sembler. It doesn't have anything to do with us. I feel like we're, you know, kind of getting tarred with the county's brush. CHAIRMAN STRAIN: Well, you're the ones that are going to be wanting to build and develop this for a profit center, not the county. MR. ANDERSON: I understand. But if not us, it will be, you know, somebody else the next time around, and the county's still going to be doing the same things to the roadway. CHAIRMAN STRAIN: Okay, thank you, Bruce. Did you have anything else you wanted to add? Otherwise, we'll wrap it up. Okay. MR. ANDERSON: Thank you. Oh, my client was -- I did want to put on the record one other offer that my client had made. If the bus stop does get moved, as Mr. Casalanguida said he thought it would, my client's offer to pay for the construction of the bus stop still stands. CHAIRMAN STRAIN: Okay. Thank you. One other question, since I just thought of it. You heard me ask Nick about the phasing aspects of this project in relationship to the road system. I'm convinced, based on actions of this board in the past and the BCC, that any project going up in the future needs to complete its off-site improvements before it moves ahead with its on-site improvements. I just want you to know that. So anything that comes out of this, I certainly hope that will be part of it.lThe second thing is you have indicated your maximum building size is 50,000 and no single use over 60,000. MR. ANDERSON: Sixty? Page 72 11' ~; ~~ U tJ J 5 August 3, 2006 CHAIRMAN STRAIN: Okay, no single use greater than 60, but your biggest building you told me was 46,000, so that would -- just rounding it off-- MR. ANDERSON: And I also said I wasn't committing to that 46. CHAIRMAN STRAIN: For the use as a shopping -- for use as a supermarket, I thought. You mean for the size? MR. ANDERSON: The largest tenant would be a grocery store. CHAIRMAN STRAIN: Okay, so you're not going to have -- MR. ANDERSON: The one that we're presently talking to has a projection of 46,000 square feet. CHAIRMAN STRAIN: Do you have any problems if there was a series of stipulations that you would be limited in a Phase 1 build-out of 60,000 square feet and not start a Phase 2 until the completion of 951 's six-laning? I shouldn't ask you if you agree to it or not. I'm just telling you that that's -- there's a possibility that could be coming. I don't know if you had any comments on that. If you agreed to it, it might make it simpler, but -- MR. ANDERSON: Again, like the use of Tract 114, it's not something that we can agree to, but we understand that you can certainly make that recommendation stipulation. CHAIRMAN STRAIN: Okay, thank you, Bruce. Ray, that's all the issues we have? Good. We'll close the public hearing and we'll entertain a motion on this matter. COMMISSIONER TUFF: I'd like to move that -- one is that -- I guess if I can explain after. But I move we move to the Board of County Commissioners PUDZ-2006-AR-8337, Brooks Village CPUD with __ there is going to be something there. I believe that they have been as cooperative as we can expect from anybody else in the future. I believe they've -- I can't imagine a better thing for that neighborhood, knowing what's going to be there. And I would like to see us approve that. CHAIRMAN STRAIN: Okay. Well, let's just kind of boil it down. You're recommending -- COMMISSIONER TUFF: With a whole bunch of recommendations that he had, and you had some more notes. I'd like to hear them all before -- CHAIRMAN STRAIN: I've got 15 notes, or 14. But you're recommending approval. COMMISSIONER TUFF: Correct. CHAIRMAN STRAIN: Okay, is there a second? COMMISSIONER KOLFLAT: I'll second. CHAIRMAN STRAIN: Recommendation of approval from Commissioner Tuff, seconded by Commissioner Kolflat. I have discussion, but does anybody else want to discuss before me? COMMISSIONER VIGLIOTTI: What is the recommendation? CHAIRMAN STRAIN: Recommendation to approve. COMMISSIONER VIGLIOTTI: Yes, but with what -- CHAIRMAN STRAIN: Well, we're getting -- COMMISSIONER TUFF: There's a couple more that-- CHAIRMAN STRAIN: I was going, during discussion, to ask you if you have any you want to add. I have a list I can read off. Mr. Murray? COMMISSIONER MURRAY: Only to have it brought back that the issue, if it goes forward, and especially, I guess, that tract there where that well site is, not to lose sight of that. I don't know if it's a stipulation that we can make, but that would be something to include as consideration. CHAIRMAN STRAIN: I have that in one of my lists. Page 73 161 ~l' ..'.... I , G August 3, 2006 Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I still have a concern over the maximum size of the building. And if we actually limit it, it doesn't really stop it because they have the distance between buildings as zero on their development plan. But essentially they could walk out of here, if there was an approval -- or walk out of the BCC if there was an approval, sell the property, and somebody could build a 105,000 square foot structure. So is there a way, Mark, do you have a condition or something that would prevent that? I mean, the offer is made to stay within 25 percent of the site plan. CHAIRMAN STRAIN: Well, that's what they've said in relationship to this plan. There is a further step we could make and that is the maximum building without separation is 60,000 square feet. That ties it to their ability to put up 60,000 square feet in the first phase. COMMISSIONER SCHIFFER: And say without a separation, let's say 30 feet or something. Because they do have a distance between buildings of none in their development plan. So if there's something there, I'd be happy with that. I think the concept of not having a sign on 11 th Avenue is a good idea, that they stay. And I think, let's pick a distance, I'll throw out 75 feet away from that corner with a sign. Because it would give the appearance that the street is part of the shopping center. Is there a way we could have the bus stop be internal to the shopping center? Is that an allowable -- CHAIRMAN STRAIN: I don't think we could ever dictate anything to the school board. I mean, they won't even answer questions from half a dozen people so far. So I don't even -- I mean, we'd be fruitless trying to do something like that. COMMISSIONER SCHIFFER: And then obviously Bruce made the -- there's no deviation within 25 percent. Now, the concern I have with that is I don't want that to give the impression that this thing has to be built to that site plan if it doesn't meet the architectural standards. I don't want them to say, look, we'd love to meet these standards but they said we can't change the site plan 25 percent. So I think we have to have a caveat in that, that unless the need to comply with the LDC -- CHAIRMAN STRAIN: I have a note something to that effect. I guess we can clean it up as we go down. COMMISSIONER SCHIFFER: That's good, thank you. CHAIRMAN STRAIN: What I'll do is, Brad, I'll read each one, and if anybody wants to further clean them up and clarify them so we're sure that staff understands what the intentions are and it gets to the Board of County Commissioners in a manner that we intend it to, that would be important. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Yes, I'd like to also add, Mark, that the client agreed to pay for the bus stop -- COMMISSIONER KOLFLA T: Mark, these are stipulations to the motion? CHAIRMAN STRAIN: Just let me -- let Mr. Vigliotti finish. COMMISSIONER VIGLIOTTI: The condition is that the client agreed to pay for the bus stop when it's relocated to the other side of the road. CHAIRMAN STRAIN: I have that down, too. Now, Mr. -- COMMISSIONER KOLFLA T: Are these stipulations to the motion that was made and seconded? CHAIRMAN STRAIN: We made a motion and we seconded it. We're in discussion right now. And we're discussing the stipulations that we'd like to see on the motion. COMMISSIONER KOLFLA T: And were those just stipulations that Mr. Vigliotti said? CHAIRMAN STRAIN: He was suggesting that that be added as a stipulation, yes. Page 74 161 1 ~5 , August 3, 2006 COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: We haven't done it yet, we're just going through the discussing. COMMISSIONER MURRAY: Accumulating them. CHAIRMAN STRAIN: Accumulating them, yes. I've got a list that I can read and we can see where it goes. And this -- and as Mr. Anderson said -- and by the way, I want to read something from the GMP. It says, the neighborhood center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. So in that regard, the very first stipulation I would suggest is that we remove Tract 114 from any building uses. COMMISSIONER TUFF: Mr. Strain? Can you number these so, since it's my motion, I can say I'll take all of them but this or not that? CHAIRMAN STRAIN: No, because I don't want you to take any of them out. COMMISSIONER TUFF: Yeah. So we'll call that one number one, please? CHAIRMAN STRAIN: Number one is to remove Tract 114 for any uses, building uses. Number two is that the PUD will be updated with all the stipulations read into the record by the applicant and the issues involving the SIC codes and the comments that we had in discussing clarification of the PUD language. Staff will make sure that those updates are done. That's number two, Russell. Number three, the county well site will be removed from that entry location to 11 th Street. And that's -- MR. BELLOWS: Excuse me, Mr. Strain, is that remove or relocate? CHAIRMAN STRAIN: You know what, I don't care. I don't think it belongs there, and I don't think that utilities has -- the way they're going about getting these, I'm not in agreement with it anyway. So as far as I'm concerned, it's removed. MS. ZONE: Three, removed. CHAIRMAN STRAIN: Concerning the master plan, the new master plan will be the master plan that will be added into the PUD. It will be reviewed by staff for consistency with the GMP and the LDC prior to the BCC meeting. And that the master plan itself will be conceptual to the extent that the building envelopes on here can change up to 25 percent. That will be number four. Number five will be that any off-site traffic improvements will have to be completed prior to the commencement of anyon-site activity. Number six will be that there will be no single use greater than 60,000 square feet, and that the maximum building without any separation will be 30 feet -- the maximum building size of 60,000 square feet with a separation of 30 feet. You can't have two 60,000 square foot buildings butt up to another, or even a 60 and a 10. It's got to be separated by 30 feet at least. MS. ZONE: Thirty? CHAIRMAN STRAIN: Yeah. The hours of operation be limited for deliveries from 6:00 a.m. to 10:00 p.m. and from 6:00 a.m. to midnight for customers, general operations. That will be number seven. Number eight, and I'm not sure if this needs to be reiterated, but the point about the non-adult video store was very good, and make sure that that doesn't get into the system. Number nine, the developer has volunteered to pay for a bus stop wherever it may go, if it's built in conjunction with the timing of the shopping center, either Phase 1 or Phase 2. MS. ZONE: Excuse me, Commissioners. Do you want to clarify the school bus or the CAT shelter? CHAIRMAN STRAIN: School bus. If the CAT shelter comes in, the county can make its own Page 75 ~ , I ---J. " ,~ August 3, 2006 arrangements. They're more flexible than the school board. So we shouldn't have them on top of school buses anyway. There will be a phasing on the project. They'll be allowed to go forward with 60,000 square feet until the six-laning of951 is completed, at which time they can start or commence their second phase if the market works for them on that time. COMMISSIONER MURRAY: Excuse me, Mark, is that a repeat of the other one you said earlier or is that another one? I thought you had number five off-site. CHAIRMAN STRAIN: No, number five was considering that's how they get to the first phase, they have to complete the off-site conditions first. Mr. Anderson? MR. ANDERSON: Mr. Strain, a clarification on this last point about the phasing. CHAIRMAN STRAIN: Yes. MR. ANDERSON: Previous phasing stipulations that you have imposed on similarly situated applicants, I recall that the -- when it's tied to completion of a road, it's -- the C.O. is limited, not being able to even start construction. And we would just simply ask that you phrase it in that manner. CHAIRMAN STRAIN: I agree with you, that would be a good point, the C.O. would be limited on the second phase until such time that 951 was complete. And the last stipulation that I have -- and by the way, these stipulations are assuming Tract 114 does not get built upon. If Tract 114 gets built upon, that opens up the door for a couple of issues regarding the access. But let's assume that it's not at this point. The last, number 11 would be that the sign entry for the project will be at least 75 feet back from 11 th Street. Now, if for some reason Tract 114, the issue is dropped, then the accessway into the project should be no more than a left accessway in by the residents of the street, and no right turn. MS. ZONE: No right turn. CHAIRMAN STRAIN: Right. Now, those are the stipulations. COMMISSIONER MIDNEY: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MIDNEY: I have another one. And this was going back to the first time we met. The applicant agreed to make contribution to the affordable housing trust fund. But I'd like to have that as a stipulation too. CHAIRMAN STRAIN: Bruce, does that still stand? MR. ANDERSON: Yes, it was 50 cents per square foot. And in the event the county adopts a linkage fee, that this commitment is applied to that linkage fee. CHAIRMAN STRAIN: Does that work for you, Mr. Midney? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: Okay. Melissa, did you get that language? MS. ZONE: I absolutely did. CHAIRMAN STRAIN: Mr. Tuff, you have 13 proposed amendments or stipulations to your motion. Do you have an objection to any of those? COMMISSIONER TUFF: Number one and 13. Because number one is -- I don't think it will be as good for everybody when it's done. And I'm really concerned on the last one as far as -- CHAIRMAN STRAIN: Okay, number one, for the sake of everybody, that was the removal of Tract 114 for building uses. And number 13 was the affordable housing contribution just requested by-- COMMISSIONER TUFF: Not that one, the one before that. CHAIRMAN STRAIN: That would be the left turn lane only into the tract -- if Tract 114 is opened Page 76 tJ it; .5 August 3,2006 up, it would have been a left turn lane entrance only. So Mr. Tuff is objecting to those two stipulations. So basically then your motion would carry all those stipulations except for those two. Is that clear to everybody? Ms. Student? MS. STUDENT-STIRLING: Yes. May I have a clarification on the stipulation about the left turn only? Was that -- did you say for residents only? CHAIRMAN STRAIN: No, for 11th Street. MS. STUDENT-STIRLING: Pardon? CHAIRMAN STRAIN: For people coming off 11 th Street -- going east on 11th Street. The intent was there would be a left turn entry going east on 11 th Street if 114 had to be -- was deemed to be developed. Is there any -- Mr. Schiffer? COMMISSIONER SCHIFFER: Just a question. Mark, would you be comfortable in -- and I don't know what the width of that greenspace is -- Bruce, you might know -- that we just limit that area of it? That would cut the access. But the concern I have is if we totally take the whole side off, I'd hate to see that develop in the future without control. CHAIRMAN STRAIN: No, it would be part of this PUD, they just have a different land plan. That was my envisionment. COMMISSIONER SCHIFFER: I mean, we get amendments to PUDs all the time. So what I'd like to do is actually -- if we use it as we show it there -- Bruce, do you know what the width of that greenspace is? And while they're musing, Ray, that brings up a point. We get these submittals out of scale and we can barely read them. Could they at least put a graphic scale on it so I wouldn't have to ask that question? COMMISSIONER MURRAY: And while we're waiting for that -- CHAIRMAN STRAIN: Are you going to answer his question? MR. BELLOWS: Yes, I was just getting some information from Melissa. This plan was not submitted as part as the regular review. We would have required that information. This was a last-minute thing handed out by the applicant. We had no control over it. CHAIRMAN STRAIN: I think part of the stipulation that -- one of the ones that was accepted was that this would be subject to staffs review and refinement for consistency before it goes to the BCC. MS. ZONE: Correct. And we have to -- by LDC they would have to make it to scale. COMMISSIONER SCHIFFER: Right. Another question, Mark, while we're talking about this. Condition, I think it was six, the separation, I'd like to make that 75 feet. Here's my logic. If you put a 50-foot building 30 feet away from another 50-foot building, you have one building. Seventy-five feet you'd be able -- you'd have parking and walkways. So if you could make that 75 feet, I'd feel better. CHAIRMAN STRAIN: You mean every building on the site would have to be separated by 75 feet? COMMISSIONER SCHIFFER: No, no -- I don't see that as a problem on the plan they have there. CHAIRMAN STRAIN: Well, there's two buildings that would have that problem right off the bat. Look at -- count your parking spaces. You've got the problem between the biggest building and that rectangular building, and it looks like those two small buildings out on -- by the corner. Looks like they'd be closer together based on, one, two, three -- about five parking widths, maybe 60 feet wide. COMMISSIONER SCHIFFER: My concern is we could get -- someone could come in and build two 50,000-foot buildings and have them pretty close. Page 77 ." August 3, 2006 CHAIRMAN STRAIN: Well, anyway, what I wanted to ask you, do you want to restate it then? COMMISSIONER SCHIFFER: No, let it go through. You're right, that could -- CHAIRMAN STRAIN: Okay. And Mr. Murray, I'm sorry. COMMISSIONER MURRAY: I wanted to address myself to Commissioner Tuff. The way I understood, and Commissioner Strain will tell me I'm wrong if I'm wrong. The way I understood the stipulations, especially about one and 12, is the intent when we go forward, if our recommendation is to go forward, the intent would be to remove 114. If, however, a finding is made by the BCC that they will not take out 114, that stipulation 12 at least attempts to make it so that the left on 11th Avenue remains available. And that I thought was a good approach to it. It's a stepping stone, so to speak, if I understand correctly. CHAIRMAN STRAIN: No, you're correct. You're correct. Mr. Tuff, your denial of that number 12, what is it you're envisioning? If it wasn't a left turn into the property from 11 th, what is it you were trying to get in? COMMISSIONER TUFF: Well, it was my understanding that a person can't leave from the right. And I'm just afraid that three years from now, they say they're so stupid, what were they thinking. CHAIRMAN STRAIN: We're going to just tell them you were on this board, Russ. COMMISSIONER TUFF: That's what I'm afraid of, you know. CHAIRMAN STRAIN: We'll leave it in your hands. It's your motion. COMMISSIONER TUFF: I don't want to have that on there. CHAIRMAN STRAIN: Okay. Well, let me -- I understand what you're saying. Mr. Anderson? MR. ANDERSON: I want to make sure I understood something. I understood that the -- your point about Tract 114 was not to eliminate it from the PUD, but to limit the building or prohibit building on it. CHAIRMAN STRAIN: So it doesn't trigger that access issue that's in the PUD -- that's in the GMP. MR. ANDERSON: Well, okay. We were prepared to offer up to see if this might satisfy both parties to -- that the most southern 100 feet of Tract 114 would not have any building on it. CHAIRMAN STRAIN: But then wouldn't you still have your right turn in from 11th Street? You're eliminating the access from 11 th? MR. ANDERSON: We'll let you make your recommendation on that access point. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Mark, that's why I was asking for that. I think if you just block what you want to do, that distance that they show on that site plan, let them still have the building there, but they won't have the access there. I think the neighborhood, if there's that one way in or if people -- if there's anything that would let go up and down that street making turns is going to be a nightmare for the neighborhood. The first couple of houses up will have people in their parking lot all day long, or their driveway. CHAIRMAN STRAIN: Margie, we need to -- what we're getting into is what we could recommend. But we have to recommend it consistent with the GMP-- MS. STUDENT-STIRLING: That's correct. CHAIRMAN STRAIN: -- so we have to change the GMP. So I'm going to read you the language from the GMP. MS. STUDENT-STIRLING: It has to be correct with the Growth Management Plan. CHAIRMAN STRAIN: I know. That's why I want to read you the language. Page 78 .16 j IG 5 August 3, 2006 For Tract 114, which is the tract we're talking about, Golden Gate Estates, Unit 26: Access shall be restricted to 11th Avenue Southwest. Also vehicular interconnection shall be provided to the adjacent properties in the Pine Ridge Road, Collier Boulevard neighborhood center. Now, in my reading of that, it's saying access shall be restricted to 11th Street Southwest. So it assumes there's going to be a need to have access on 114th Street (sic). If the need's removed by removing the vertical -- vertical buildings, would you still then be required to have access if there's nothing on 114 that would require access? MS. STUDENT-STIRLING: I have a planner. Do you have the language in front of you, Ms. Zone, for the compo plan? MS. ZONE: No, I don't have the GMP. CHAIRMAN STRAIN: I've got it right here, if you want. You want the compo plan language? MS. ZONE: But the GMP does not say if building on there -- Commissioner Strain, can you reiterate that? CHAIRMAN STRAIN: Well, I'm reading the bullet out of -- it's Page 35 in our Growth Management Plan, the Golden Gate portion of it. For Tract -- and it's the one I downloaded just from the county so -- for Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11 th Avenue Southwest. Also vehicular interconnection shall be provided to the adjacent properties in the Pine Ridge Road Collier Boulevard neighborhood center. MS. ZONE: Right. Since it doesn't talk about development, it talks about the tract itself, that it leaves it very open. And in a planning and development review, it has -- you would see that as Tract 14 (sic) having access to the property and to 11 th Southwest Avenue. If it was to be developed separately, if it was to be developed with the building on it, I would think the intent of the compo plan department, the commissioners would have stated that. But again, that's the planning interpretation. CHAIRMAN STRAIN: Well, at this point I can't see-- MS. STUDENT-STIRLING: You say that that's under -- did you say Tract 114 or Tract 14? CHAIRMAN STRAIN: 114. MS. STUDENT-STIRLING: I thought is was 114. CHAIRMAN STRAIN: She means 114. MS. STUDENT-STIRLING: Okay. And so -- and it's on a bullet under Tract 114? CHAIRMAN STRAIN: No, it's a bullet under the neighborhood center subdistrict in the Growth Management Plan or the Estates designation, number two. Do you want to -- MS. STUDENT-STIRLING: Yeah, I'm going to have to-- COMMISSIONER SCHIFFER: Doesn't that mean, Mark, that the Growth Management Plan is restricting, which means not allowed, access? MS. ZONE: There could have been, since the Tract 114, Commissioner, was amended after the other neighborhood center, that the intent, that Tract 114 was going to be developed separately. CHAIRMAN STRAIN: That's what I believe it was. MS. ZONE: That they wanted to make sure that there was access there. But when you review it, and Marjorie Student being the attorney, you have to legally look at black and white what we have adopted, too. So-- COMMISSIONER SCHIFFER: But it says restricted to or restricted from. MS. ZONE: Well, Tract 114 is restricted, meaning onto 11 th Southwest Avenue. COMMISSIONER SCHIFFER: The only access. CHAIRMAN STRAIN: If someone were to build on 114, the way that seems to be written, is they'd have to access onto 11th and they'd have to interconnect to the project to the north. Page 79 t", ;J ; 1 , J August 3, 2006 COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: But it's clearly written with the intention of 114 being standalone and being built upon by someone. But in this case it's part of an overall PUD. COMMISSIONER SCHIFFER: But I think the important thing, it shows that it contemplated access onto 11 tho CHAIRMAN STRAIN: Right. COMMISSIONER VIGLIOTTI: Right. CHAIRMAN STRAIN: Well, but if you recall the Growth Management Plan, we have complained about this from day one, did not get adequate notification to neighboring and adjoining properties. In fact, there was no requirement, they just put an ad in the paper. And that is the plan that radically affected people in this county more than the land development code and it wasn't even notified to properties. And this is a particular case of example. COMMISSIONER SCHIFFER: Exactly right. CHAIRMAN STRAIN: Ms. Court Reporter, we're going way beyond our lunchtime, and you're the one that's doing the hardest work here. Do you think you can hang in there a little bit or do we need to break or something? THE COURT REPORTER: No, I think the hands are numb at this point. CHAIRMAN STRAIN: I'm sorry, I never thought we'd be this long. Otherwise, we would have taken a break. COMMISSIONER SCHIFFER: Mark, where we left it is Russell did not accept one and he did not accept 12. CHAIRMAN STRAIN: That's correct. COMMISSIONER SCHIFFER: And has the second -- CHAIRMAN STRAIN: And Mr. Midney added number 13. And that's where we are, I believe, at the latest venture. We're discussing the merits of one and 12. I don't know if we're getting anywhere in that discussion. So is there anything that anybody on this panel needs further clarified or emphasized? COMMISSIONER KOLFLAT: I'd like one and 12 clarified as to what Mr. Tuff just ended up with. CHAIRMAN STRAIN: What do you mean? He said drop one and 12. COMMISSIONER KOLFLAT: Drop one and 12, meaning dropping the one on 114? CHAIRMAN STRAIN: He said forget -- he will not include stipulation number one, which was removal of Tract 114 for building uses. COMMISSIONER KOLFLA T: I agree with that. CHAIRMAN STRAIN: And he said he would not accept the stipulation number 12, which was if Tract 114 was removed, then the only access through that tract would be a left turn lane from 11 th Street. COMMISSIONER SCHIFFER: It's moot. COMMISSIONER KOLFLA T: I agree. I agree. COMMISSIONER MURRAY: Is Commissioner Tuffunbudging on that? Are you unbudging? COMMISSIONER TUFF: (Nods head affirmatively.) COMMISSIONER MURRAY: I would like to support the stipulations as they're offered, because I think that it makes it a stepping stone to achieving the result the community wants, while I think it serves the developer by providing opportunity rather than no opportunity. CHAIRMAN STRAIN: And Ms. Student, did you have anything you wanted to add to our conversation before we concluded, based on what you're reading? MS. STUDENT-STIRLING: First of all, I think we don't have anybody from compo plan in here, Page 80 16 / lCS August 3, 2006 but in cases like this, it's helpful to have someone from the department to really explain the intent. But it looks like to me that it says for Tract 114. So if nothing happens on Tract 114 and it just remains undeveloped, but it could still be part of the PUD, then I think we don't have a problem. CHAIRMAN STRAIN: What if it's used for open space purposes? MS. STUDENT-STIRLING: I don't think that that would be a problem then. I know there's some discussion, and maybe we can sort it out before the BCC meeting, but there's some discussion amongst the planning staff that this may mean just if 114 would be developed as a separate parcel. And that could be too. But it's certainly something we could sort out before the BCC. CHAIRMAN STRAIN: Okay. I think that would have to be done for sure, because I can see there's a split vote coming. Mr. Tuff, we're at a point where I think we can vote. I want to weigh in on that. I'm simply not going to be supporting of you because I don't think those two stipulations need to be removed. COMMISSIONER SCHIFFER: Mark, can I -- CHAIRMAN STRAIN: Mr. Schiffer and then Mr. Midney. COMMISSIONER SCHIFFER: And this is to Russell. Russell, would you be more comfortable if it's only the 100 feet that remains? And essentially, the way to word it is impervious, that means there's no driveway, that means there's nothing. The scary thing about Mark's is that that's essentially a quarter of the site. The intent of this means we would block access to 11 tho We feel -- whatever the master plan says, we feel it's not necessary. And because there's -- it's combined at once and we have other access. And that it's going to stay as open space, which prevents or provides a much more rural look to the neighbors when they go down it. COMMISSIONER TUFF: I could be comfortable with that, if we could say that in a way that makes sense. CHAIRMAN STRAIN: I have no idea what it is you're trying to say now. COMMISSIONER SCHIFFER: What it is, Mark, it's the same thing you said for one, except you said tract one, the whole tract. CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: I'm saying the southern 100 feet of the tract remains undeveloped. COMMISSIONER MIDNEY: How many feet long is the tract? COMMISSIONER SCHIFFER: The depth of it? I mean, this is four tracts, essentially. Forget the guy in the back for a second. So 114 is essentially the lower quarter of this PUD. CHAIRMAN STRAIN: Well, in your questions -- your issue, though, if the southern 100 feet remains undeveloped, that means there's no entrance there; is that correct? COMMISSIONER SCHIFFER: Correct. COMMISSIONER MURRAY: Would that be okay? COMMISSIONER TUFF: Yes. CHAIRMAN STRAIN : Well, that still leaves the bus stop, that still leaves the road the way it is. That would work. COMMISSIONER SCHIFFER: That leaves the neighbors without -- COMMISSIONER MURRAY: And Mr. Tuffhas indicated-- COMMISSIONER SCHIFFER: That leaves the neighbors without people wandering around, turning in -- CHAIRMAN STRAIN: Well, let's go back to the stipulations then. Stipulation number one would then change. Instead of the removal of Tract 14 (sic) for all building uses, it would stipulate that the removal of the southern 100 feet of Tract 14 will not be developed for any use. COMMISSIONER SCHIFFER: Other than -- I mean, I would just say would not have any Page 81 ],61 "1'.- ,.'.,.''.1" .~' .,! tJ . August 3,2006 pervious -- or non-pervious use, and that would lock out roads, parking. CHAIRMAN STRAIN: With any non-pervious use, okay. COMMISSIONER MURRAY: That's good. COMMISSIONER SCHIFFER: And then if you want to add the other one back in, in case we lose that. CHAIRMAN STRAIN: Russell, what I would suggest then is that in case the BCC doesn't agree with that first stipulation as amended by Mr. Schiffer, that we still leave in the fact that if they have -- if they insist on an entrance there, which seems to be against the majority of the residents, that the entrance would still only be a left turn in. COMMISSIONER TUFF: That's the part I have the trouble with. Because I think they need to get back out again. CHAIRMAN STRAIN: But if you agree to Mr. Schiffer's, you're not even going to be getting on that road to begin with. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: So how can you agree to one without the other? I'm just thinking that's an odd situation. You agree to Mr. Schiffer's stipulation, there's no entrance off of 11 tho If the BCC does not agree to his stipulation, we're suggesting to the BCC then, okay, if you're going to insist that this be an entrance, make it a left in only. That's like a back-up position. COMMISSIONER SCHIFFER: It's a fallback, right. COMMISSIONER MIDNEY: Well, we can only suggest one thing. CHAIRMAN STRAIN: Well, not the way we're wording it. COMMISSIONER SCHIFFER: It's a moot point if one prevails. If one doesn't prevail -- CHAIRMAN STRAIN: Well, the other thing, we could let Mr. Tuff -- we could just eliminate that number 12 and just go with it, and if the BCC doesn't like it, we can hope that the residents and the BCC work out a compromise, if one is needed. Maybe they'll agree with it 100 feet to the south, gives the developer everything he needs and it protects the neighborhood for the bus stop, which is critical, and the traffic on 111 th, which is critical -- or just 11 th, I'm sorry. COMMISSIONER MURRAY: I personally think -- if I may, I personally think that Commissioner Schiffer's idea, I would hope and think that the BCC might go with that. CHAIRMAN STRAIN: Melissa? COMMISSIONER MURRAY: Let's hope. MS. ZONE: Commissioner Strain, so we're strict -- taking the accessway out of the stipulation, and then the 50 cents to the affordable housing becomes number 12. COMMISSIONER SCHIFFER: Right CHAIRMAN STRAIN: Right. MS. ZONE: And then number one has been remodified? CHAIRMAN STRAIN: Has been modified that we're removmg any development of a non-pervious use in the south 100 feet of Tract 114. MS. ZONE: The 100 foot of south -- CHAIRMAN STRAIN: Yes, south 100 feet of Tract 114. That creates a tOO-foot buffer that can't be penetrated. And then if the BCC doesn't see their way through on that, then hopefully the residents will be able to express themselves in the manner that it needs to be. Mr. Anderson? MR. ANDERSON: I just want you to vote -- I know you'll vote however you will. I just wanted to read again what we had offered up as far as the southern 100 feet, was no building. Page 82 16' Ie 5 August 3, 2006 CHAIRMAN STRAIN: No, we changed it. MR. ANDERSON: Okay, I understand. CHAIRMAN STRAIN: We're going to stick with what we -- MR. ANDERSON: I didn't want there to be the impression that that was something that we had offered up. CHAIRMAN STRAIN: Hopefully staff will listen to us. MS. ZONE: Non-pervious. CHAIRMAN STRAIN: Right. Okay, with that, I'd like to call for the vote. All those in favor of the motion as stipulated by Mr. Tuff, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Is anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. And with that, I think we all could take a lunch break. COMMISSIONER SCHIFFER: Mark, could I ask one thing about this while everybody's is still here? CHAIRMAN STRAIN: You better hurry. COMMISSIONER SCHIFFER: And Melissa? MS. ZONE: Yes. COMMISSIONER SCHIFFER: What I would like to see is could you send a copy of the revised site plan to the planning commissioners prior -- a week prior to the commission meeting? CHAIRMAN STRAIN: Everyone, we're still in session, please take your comments outside. MS. ZONE: My policy is to always make sure that not just the site plan, that if any changes that have been recommended by the board and voted on, that I send it to all of the commissioners for final approval. So you'll not only see the site plan, but you will also see the modifications ofthe PUD document with your stipulations involved. CHAIRMAN STRAIN: And would the board mind, and the court reporter, if we took a 45-minute lunch break instead of an hour? So we'll be back here at 2:35. (Lunch recess was taken.) CHAIRMAN STRAIN: Okay. We are still-- resuming in session for the beginning. We have two meetings today, the first one being our regular Planning Commission meeting. We finished up with the scheduled public hearings. We have no old business noted. Under new business there was a notation that Randy Cohen had requested be added. I don't know any more about it than what's written here. I don't know if any more needs to be said, but I'll read it for the record. And then I'm sure if there's any questions, don't ask them. Require official approval -- approval to hear EAR based adoption amendments at prescheduled CCPC hearings for October 5th and October 19th, 2006. This item is currently listed as zoning departments CCBC -- CCPC, slash, BCC 2006 calendar. So I guess what he's trying to ask is these two dates he wants us clear our schedule for those and confirm that we can be available for those. Does anybody have any concerns about those dates, October 5th and October Page 83 19? 16\ , 'i ("t ~t lJ August 3, 2006 COMMISSIONER SCHIFFER: No. COMMISSIONER MURRAY: Not at this point. CHAIRMAN STRAIN: Well-- COMMISSIONER MURRAY: Okay. I do have a question. CHAIRMAN STRAIN: October 5th is our regular meeting, and October 19th is our regular meeting. Which means we'd not only have any of the petitions that are due on the 5th and the 19th, but we'd also have EAR based adoption amendments. We have just received the ORC report bye-mail, and I started to read it, and it sounded like nothing but problems from what I started to read. So for us to go back through this whole document at those two meetings and do our regular meeting, that's inconsistent with the way we asked staff to schedule our meetings in the past. So I'd recommend we look at the 12th and 26th of October which is the Thursdays in between our regular meeting Thursdays. COMMISSIONER MIDNEY: Yeah. CHAIRMAN STRAIN: Does anybody have a problem if we then meet -- we would meet every Thursday in October then based on that schedule? COMMISSIONER MURRAY: I don't know. CHAIRMAN STRAIN: Okay. COMMISSIONER KOLFLA T: What are those dates, 12 and 26? CHAIRMAN STRAIN: Twelfth and twenty-sixth in lieu of requested fifth and nineteenth. COMMISSIONER SCHIFFER: Mark, can I ask a question about the -- CHAIRMAN STRAIN: Oh, no, you can't. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Go right ahead. COMMISSIONER SCHIFFER: You know, I read the ORC report and, first of all, I think you're right. There are some problems there. But the sad thing is that a lot of the stuff we saw was stuff we talked about. So what we'll have, we'll -- I mean, I wouldn't mind these guys -- us getting with them even sooner than that. I mean, is that the date they're going to send the thing back or how much time do they or -- CHAIRMAN STRAIN: Well, I think, first of all, staffs got to respond to the ORC report request. That response is -- based on the amount of data I've seen, it's going to take some extensive work. In fact, as Don Scott said after he read it, there might be a question as to why anybody's working for transportation or something to that effect indicating it was pretty onerous. So they're certainly going to need the next two months to get it ready. I can't see them getting it ready sooner than this date. Once they get it, I certainly will request the staff that we get our copies as early as possible to review. But, I mean, if you're thinking they can do it sooner, I'm not sure that-- COMMISSIONER SCHIFFER: Well, actually what I'm thinking, maybe it would have been wise if we reviewed it before they sent it in, I mean the original report because -- CHAIRMAN STRAIN: It was at the discretion of the BCC. It goes from us to the board. The board said this is what they want and they sent it in. COMMISSIONER SCHIFFER: But I don't think the board said -- I don't think the board took out what they're missing that we added during our hearing. CHAIRMAN STRAIN: No. But, I mean -- COMMISSIONER SCHIFFER: Well, anyway, I mean, I'm glad the state checks it. CHAIRMAN STRAIN: Well, as far as I'm concerned, it's a complete review and rewrite if we want to look at it that way. And I intend to read over it from scratch all over again so... COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Right now we'll look at every Thursday in October then. Page 84 ~ lCs' COMMISSIONER MURRAY: The 12th is bad for me. CHAIRMAN STRAIN: Okay. So that's the only day you couldn't make it. Do we have a quorum? COMMISSIONER MURRAY: I can't make it. CHAIRMAN STRAIN: Okay. The rest of us and Ms. Caron's usually available and Mr. Adelstein IS. We'll still have a quorum for the rest of the day. Okay. The last -- the other thing on new business, Ray, this is going to involve you because you're the last standing person here. Some of the LDC amendments had made it aware to me that we could use some more information. And we should be actively involved in information that affects the way we understand the code. We have a book of official interpretations. Are they being collected somewhere? MR. BELLOWS: Yes. Joe Schmitt asked me to respond to this because-- CHAIRMAN STRAIN: I told him I might, yeah. MR. BELLOWS: Yeah. And he is in favor of having copies sent to you and interpretations made so you're aware of the -- CHAIRMAN STRAIN: Well, that's only part of it, though. Right now there's been a lot existing interpretations. Are they collected somewhere? MR. BELLOWS: Yes, they are. CHAIRMAN STRAIN: Can we have copies of those collections? MR. BELLOWS: I would believe so, yes. CHAIRMAN STRAIN: Well, let's put it this way. I don't think you can say no. MR. BELLOWS: Yeah. They're public -- yeah. CHAIRMAN STRAIN: So we would like copies of those interpretations. And then once they're copied to us, any new interpretations I would like to have them received and sent to us as soon as they are sent out to the public which is the person asking for them. Now, these interpretations are things that will tell us how staff is perceiving the intent of this LDC, a lot of which we try to relay during these meetings and these amendments. And I would expressly ask that each commissioner review these when they receive them. And if you are concerned about it -- one of them or if you have a question about one of them, ask to have it put on the agenda and we'll discuss it because that's what we ought to be doing. Mr. Schiffer. COMMISSIONER SCHIFFER: Ray, one question I have is even bigger -- take it further. The public, I think, should have access to these. I mean, a lot of code agencies, all our building codes, most agencies that have been -- interpretation's been made, it's available to the public. And the main reason is is so that the public knows -- if there's a question about a, you know, piece of code, they know what an interpretation would be made towards that. The fact that they're buried doesn't make sense. And it also gives the impression that you have to buy understanding of the code which is a really bad impression. MR. BELLOWS: The interpretations there -- there's an appeal process. There's also an ad that's placed notifying of the interpretation. They are not buried there. They're a public document that anybody can come and view. And we do make them -- they're all just disseminated to all the various county agencIes. CHAIRMAN STRAIN: Are they on the Internet permanently so -- because I couldn't find them? MR. BELLOWS: I'll check that. I don't know about the Internet. COMMISSIONER SCHIFFER: And -- and where they really should be is if a chapter or a section code was interpreted -- I think somewhere either it's a hyperlink from Municode or something -- we should go to that. Because anybody who's dealing with a section of code should know if an interpretation's been made on that section. CHAIRMAN STRAIN: And, Ray, I'm going to ask Sharon on the next agenda that she add this to August 3, 2006 Page 85 161 Ie August 3, 2006 the old business as a permanent item. I will be asking every meeting, Have there been any interpretations? And I know these are public meetings and we're all obligated to tell us what's going on. So, please, if there are some, make sure we get them. I would appreciate that. MR. BELLOWS: It'll be the first thing I do when I get back. CHAIRMAN STRAIN: Thank you, sir. Public comment. The room's full. I don't know what to do. Discussion. COMMISSIONER KOLFLA T: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: I have one more with Ray. Ray, you gave me a copy of a text publication that contained interpretations. Are those the interpretations you're referencing? There was a book actually that you had. MR. BELLOWS: I think it came from one of my staffpersons. I did not see the actual information he sent you, so I can't comment, no. COMMISSIONER KOLFLA T: Well, I can bring it and show it to you, but it was some publication. And I'm wondering if that's what you're talking about. MR. BELLOWS: I have no idea. Until I see it, I can't tell. CHAIRMAN STRAIN: Ray, I'll be following up on our 17th meeting, so I appreciate it. Thank you very much. Mr. Murray. COMMISSIONER MURRAY: The SIC code book that you -- SIC codes book that you had this mornmg -- CHAIRMAN STRAIN: Yes. COMMISSIONER MURRAY: -- you said you got that from the county? CHAIRMAN STRAIN: Yes. COMMISSIONER MURRA Y: Is that a publication you purchased or the county provide that to the planning commissioners? CHAIRMAN STRAIN: Both. I have two. COMMISSIONER MURRAY: So the county would provide a document-- CHAIRMAN STRAIN: The county gave me one and I purchased the other. Yes. There's -- the only problem is I don't know if you want to see the money spent on that at this point. It would really depend on when the county's going to convert over to the modern system which is NEICS -- however you say it -- NEICS system. And that's even a bigger book with more information. But better than either one of those by far is the website or NEICS. And I can e-mail you that. COMMISSIONER MURRAY: Would you? CHAIRMAN STRAIN: That -- what that does, it provides a bridge and a conversion discussion to how it converts to SIC so you can see the trail of how the new book which is done by the Census Bureau matches up with the SIC code which is done by OSHA. COMMISSIONER MURRAY: Oh. CHAIRMAN STRAIN: So I'll send you -- I'll send all of you the link and you'll have it. And it's kind of cool. You bring it up and you can search by word or you can search by numeric, and it'll give you all the information you want. COMMISSIONER MURRAY: That is terrific. Thank you. COMMISSIONER SCHIFFER: And -- and, Ray, could you do something? Could you have -- first of all, it would be nice if the computer department could actually get this one to work. But could you have them add the -- the SIC code at least while we're using it, website to our shortcuts? That's so when all the commissioners come on-line, if we had a question in meeting, we could go to that web site and-- Page 86 161 lr.5 August 3, 2006 CHAIRMAN STRAIN: Okay. Is that it? Then hearing that we'll adjourn that first meeting. ADJOURNING THE REGULAR MEETING AND CONTINUING THE LDC MEETING FROM AUGUST 1, 2006 And, now, we'll talk about opening up the second meeting which will be the continuation of the LDC Amendment Cycle 1 which started -- I don't know. If you want me to say the date, you're going to have to remind me what date it was. Okay. We're continuing the meeting that we announced to be continued on Tuesday. And I don't know how much we'll have because since the Tuesday meeting, it seems there's been a lot of appointments and we may not get to a full day here, but we'll keep going no later than six o'clock, but possibly we'll be done earlier. MS. FABACHER: I hope so. For the -- yeah. For the record Catherine Fabacher, zoning and land development review LDC coordinator. Mr. Chair, if it's all right, I have some staff here. I'd like to proceed in the order in which staff needs to be leaving. CHAIRMAN STRAIN: I think that would be a great idea. MS. F ABACHER: All right. The fIrst item that we would like to discuss or see if there are any questions on appears on page 34 of your summary sheet. And it's in page 232 of your packet. And it is entitled Section 10.02.13 PUD procedures. And Ray's available to take any questions or to discuss what the changes will be to the PUD document. COMMISSIONER SCHIFFER: Catherine, what page is -- I'm still looking for -- MS. F ABACHER: It's on page 2 -- COMMISSIONER SCHIFFER: XXX-- MS. F ABACHER: Oh, I'm sorry. XXX IV. COMMISSIONER SCHIFFER: Oh, IV. Okay. And then which one will it be? MS. F ABACHER: The one at the top, Commissioner, on page 232. It says R. Bellows. COMMISSIONER SCHIFFER: Two thirty-two. Uh-huh. MS. FABACHER: Well, I tell you, if you just -- COMMISSIONER SCHIFFER: No. I'll find it. MS. FABACHER: -- why don't you just turn to page 232. I think you'll have it. COMMISSIONER SCHIFFER: Yeah. Well, I wanted to check it off that we did it, but-- MS. F ABACHER: Oh, okay. CHAIRMAN STRAIN: We're on triple X IV? COMMISSIONER SCHIFFER: I don't think so. CHAIRMAN STRAIN: No. It's not the way it corresponds to page 232. MS. F ABACHER: Do you see Ray Bellows amendment on there? CHAIRMAN STRAIN: No, not on -- not on triple X IV. COMMISSIONER MURRAY: Yeah. MS. F ABACHER: Well, it should be on the last one or two sheets of the summary, one of the last two summary sheets. CHAIRMAN STRAIN: Are those -- MS. F ABACHER: Are we looking through the brown? CHAIRMAN STRAIN: Here it is. It's on X -- COMMISSIONER MURRAY: Yeah, we got it. CHAIRMAN STRAIN: -- the very last sheet. MS. FABACHER: Okay. Sorry. Page 87 'llj '.~:i .t~., ,- ~ ~ i~'~7.::o lC~ August 3,2006 CHAIRMAN STRAIN: There it is. Ray, I don't know if we need -- you want to give me an explanation, but not too lengthy and then we can ask questions. MR. BELLOWS: That would be fine. Before we get into that, I was asked just to get a clarification from the previous meeting where we were talking about the new business, require official approval to hear EAR-based adoption. We have the staff here and I just want to make sure we got the dates right. CHAIRMAN STRAIN: Well, can we close that meeting, but I can tell you we basically disagreed with the recommendation for the first and third Thursday of the month because we already have scheduled meetings those two days. And we've asked staff in the past not to double book us like that. So what we did is we scheduled your two meetings for the second and fourth Thursday of that month. So, in essence, we meet every single Thursday of October. I think the 12th was the first one and the other one was the 24th. UNIDENTIFIED SPEAKER: All right. Thank you. CHAIRMAN STRAIN: You're welcome. MR. BELLOWS: Yeah. The purpose of this PUD or amendment -- LDC amendment is to eliminate the requirement for a PUD document to be adopted with the zoning ordinance. The concerns are that when we have a PUD document adopted with the ordinance of approval, it may contain redundant information. It also has historically contained information that was conflicting with other parts of the LDC. What we felt is with the Land Development Code the way it's progressed and evolved over the years is that that is the document that pertains -- pertains to all the land development regulations. And that anything adopted through a zoning action should be deviations from the Land Development Code, not just contain redundant conditions that are already contained in some other previous code. This would also prevent staff and the various boards from approving something that's conflicting with the intent of the LDC without specifically calling it out as a deviation. The way I have it set up is much of the information currently supplied in the PUD document would be required to be part of an application process. So we'll get all the same information, traffic studies, environmental studies and all the like. But what we'll adopt is an ordinance that basically obtains the development standards, the permitted uses, developer commitments and deviations from the Land Development Code. It will be just an ordinance containing those things. It won't contain any other information that's already contained in the LDC. And that would reduce the number of pages that will be sent to the Planning Commission and Board of County Commissioners. You'll be basically getting an ordinance containing the deviations. And -- and there will be a master plan and all the other exhibits that are associated with the PUD document would still be part of the approval of the ordinance. CHAIRMAN STRAIN: Other questions of Ray on this matter? Mr.-- COMMISSIONER SCHIFFER: Just one thing. Ray, is this all new wording or just the underlined? And, you know, and I'm sorry. I didn't get a chance to review it because the index has it at -- I have notations that I didn't have it in my book, but it's -- MR. BELLOWS: Strike through and underline. The underline is new language. The struck through is eliminated. COMMISSIONER SCHIFFER: And this is the thing we've been waiting for for a long time; right? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Mr. Klatzkow, I have an issue that I just thought of and I haven't researched it myself. Maybe you have thought of it. Planning board reviews, rezones and development code, GNPs, other issues involving land development, but I've not heard us reviewing, per se, ordinances before. Can we still recommend on ordinances to the BCC or do we have to recommend on rezones or in the form of a PUD or some other zoning action? Do they -- did the rules of -- rules of engagement with the BCC and us provide for us to make recommendations on ordinances? Page 88 :1 IG August 3, 2006 MR. KLA TZKOW: You're making the recommendation on whether or not to rezone. Whether or not that's in the form of a PUD document or an application or a proposed ordinance, I don't think that changes that central fact. CHAIRMAN STRAIN: Okay. MR. BELLOWS: Yeah. For the record too I would say you're -- you're looking at the application. And what would be submitted to you is the application. When you set up a PUD document, you have basically the application that would contain the EIS. You'd still get the EIS or a traffic study to review also. So it's that application that you're hearing, not just an ordinance. CHAIRMAN STRAIN: Okay. As far as questions go, are you going to call it a PUD document any longer? MR. BELLOWS: No. CHAIRMAN STRAIN: What are you going to call it? MR. BELLOWS: Well, it's a PUD ordinance. CHAIRMAN STRAIN: Okay. Because you refer to a PUD application throughout this change. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Are you going to change that language to refer to it as a-- MR. BELLOWS: Well, what's submitted prior to approval is a PUD application. Once it's approved, it becomes a PUD ordinance. CHAIRMAN STRAIN: Okay. And the format of it, what will it look like to us? So we still would get all the language -- MR. BELLOWS: They're similar to what you're -- you're getting now, but it won't be a document that's adopted with an ordinance. Right now you have a PUD document that's attached as an exhibit to an ordinance that's approved. That ordinance references a PUD document and its exhibits. CHAIRMAN STRAIN: So the actual number of the ordinance when we were to look it up on the website, it'd come up under a new one. And the actual terms of the PUD would be part of that written text of the ordinance? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: So it's no longer double documents, one referring to another? MR. BELLOWS: That's right. CHAIRMAN STRAIN: All right. So that would sure help an abbreviated system. MR. BELLOWS: It's another way of doing it. CHAIRMAN STRAIN: Yeah, I like it. That's a good idea. I couldn't get that out of what you'd sent, but I understand it better now. Mr. Murray. COMMISSIONER MURRAY: Will the staffs reports resemble what it currently resembles? MR. BELLOWS: Nothing will change in that regard. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: So, Ray, if somebody were to look up what the rules were for a project, would they first go to that ordinance and see what was deviated from the code at that time? MR. BELLOWS: It would work the same way as it does now except you won't have to thumb through an entire PUD document. COMMISSIONER SCHIFFER: Right. MR. BELLOWS: You just thumb through the adopted ordinance. COMMISSIONER SCHIFFER: But you'd have to fmd an example of the Land Development Code at that time? Page 89 161 Jl c: ~ugust3,2006 MR. BELLOWS: No, not necessarily. CHAIRMAN STRAIN: Good point. MR. BELLOWS: And that's-- COMMISSIONER SCHIFFER: Which is difficult to do down there by the way. So, in other words, I really think there should be a major -- I think there should have been in the past -- the major focus on keeping each version of the LDC. Because it's going to be more important now. CHAIRMAN STRAIN: I have quite a few ofthose if you ever-- COMMISSIONER SCHIFFER: Well, you probably have the best library. You -- I tell you what, the legal department doesn't have a good library. MR. BELLOWS: That issue's the same whether it's an adopted ordinance only or adopted ordinance with the PUD document. It's how the Board of County Commissioners' staff treats required __ required development standards to be addressed either at the time of zoning approval which staff frowns on because that does make it difficult if they only commit a file for a site plan, say, three years later and the code changes. Normally we would like to see the language say approved subject, say, the landscape requirements at the time of site development plan approval. COMMISSIONER MURRAY: Couldn't-- COMMISSIONER SCHIFFER: But you do have to find that version of the document at that time? MR. BELLOWS: That would be the current LDC at the time offinal-- final site development plan approval. So you don't have to go back to, say, to a 19 -- or 2006 ordinance. If you approved a PUD this year -- COMMISSIONER SCHIFFER: So it floats except -- MR. BELLOWS: Make the approval subject to the-- (Multiple voices.) MR. BELLOWS: Excuse me. You'd make the approval subject to the Land Development Code at the time of site development plan approval. So if it does change, you don't -- staff or nobody else would have to go back to the 2006 ordinance. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Mr. -- Mr. Murray, you had a question. COMMISSIONER MURRAY: I think just -- I think it was answered, but I'm not -- I'm not perfectly sure. Somewhere in the document there would be a phrase something like based on or subject to that's in your -- in your application? MR. BELLOWS: Yes. COMMISSIONER MURRAY: And that would go forward into the ordinance then? MR. BELLOWS: Yes. COMMISSIONER MURRAY: Yeah, that would make sense. MR. BELLOWS: If you approved, subject to the development standards and the Land Development Code wouldn't normally have to be put in there because it's already in there. But if you want to lock it down to the LDC conditions at this time -- COMMISSIONER MURRAY: I think you need to. MR. BELLOWS: -- then you would have to specify the date. COMMISSIONER MURRAY: All right. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And I think everybody will probably, won't they, because that would be very dangerous to float ahead. MR. BELLOWS: It's -- staff is -- has approved them both ways, but I would say the policy should be that you want them at the most current standards because that's what the county commission -- if you Page 90 ,. , JbO:J cl , August 3, 2006 adopt an LDC amendment, those are the standards that the county commission wants. And so you would hopefully just because a PUD was approved earlier, you'd want them still to be consistent with the current LDC requirements. COMMISSIONER SCHIFFER: Ray, before the next meeting, could you put together like a fake little chassis application showing us kind of what this would look like so we could see it before-- MR. BELLOWS: I'd be happy to. I'm in the process of developing the applications based on this amended language. And I'd be happy to make you copies of that. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Any other questions on this particular issue? (No response.) CHAIRMAN STRAIN: No? Well, we got one down. MS. F ABACHER: Okay. CHAIRMAN STRAIN: Wait a minute. Brad's not done yet. COMMISSIONER SCHIFFER: Because I got tricked on that one. I have some here that -- MR. BELLOWS: I didn't think it would be that easy. COMMISSIONER SCHIFFER: I don't have -- no. It's not for this one. I don't have some of these in my book, like, that was one of them. Because the pages weren't the same as they're noted. So is there a page 115? COMMISSIONER KOLFLA T: No. COMMISSIONER MURRAY: Yeah, I don't know. COMMISSIONER KOLFLA T: No, there isn't. COMMISSIONER SCHIFFER: Okay. Just for example Ray's thing was page 245 so -- MR. BELLOWS: Two thirty-two. COMMISSIONER SCHIFFER: And I went to look, well, my book says 245. So I go looking for it and it's not there. So I thought it was not there. But is there a two -- is there a 115? MS. F ABACHER: I had tried to read out the last few page -- pagination errors at Tuesday's meeting. COMMISSIONER SCHIFFER: Okay. I didn't get them. There's -- there is no 115 then? MS. F ABACHER: No. CHAIRMAN STRAIN: Okay. Is that it on this particular issue? If not, let's move -- if it is, let's move on to the next one. MS. F ABACHER: Okay. The next one we'd like to do is Sharon Dantini with code enforcement. And I have this on your summary sheet page 33 XXX III, and it's on page 195 of your packet. CHAIRMAN STRAIN: Do you have the -- hello. MS. DANTINI: Hello, Mr. Chairman. CHAIRMAN STRAIN: How are you? MS. DANTINI: Good. Thank you. Mr. Chairman, Commissioners, my name is Sharon Dantini and I'm the planning coordinator for Collier County Code Enforcement. CHAIRMAN STRAIN: You might want to pull this a little closer to you. MS. DANTINI: Thank you. The stop work order is an enforcement tool that's currently in place under the LDC. And for those very rare occasions when a respondent decides or chooses not to comply with the stop work order, we are just -- we are asking that we have a different process or an addition to the process in administrative process. As it currently stands we would have to go through the court process for a court injunction. And as you-all know, this is a very lengthy, costly matter to both the person involved, the county and the public. We'd like to suggest with this amendment that we be provided an administrative tool for these few Page 91 August 3, 2006 instances that would allow for the issuance of a citation in lieu of the court injunction. Keeping in line with our goal of voluntary compliance and as the intent with most administrative processes, men are experienced that the issuance of a citation will assist in bringing a quicker result to these situations. Quicker resolution would benefit the public most significantly -- significantly by ending the violation and the damage caused by it. Quicker resolution will benefit the respondent as when the violations are of an environmental nature according to the LDC, many of these are most likely also in violation of state and federal guidelines also. They run the risk of stiffer fines being imposed by the state and federal enforcement entities for as long as the violation exists. The language -- the language that we've included in that you see before you was taken from our citation ordinance. And that's 97.35 as codified in Chapter 2 of the Code of Laws and Ordinances. It also mirrors Chapter 162 of our Florida statutes. So we appreciate your -- your time at looking at this ordinance. We would ask for any input that you have concerning our draft. And I would be happy to answer any questions that you might have. COMMISSIONER MIDNEY: It sounds like a good idea. CHAIRMAN STRAIN: Uh oh. COMMISSIONER MIDNEY: Well, I'm thinking in terms of, like, the legal-- a legal land clearing like we were talking about earlier this morning, something of that nature. CHAIRMAN STRAIN: Well, I have a question for you. MS. DANTINI: Yes, sir. CHAIRMAN STRAIN: Recently there was an incident and I think it was on Goodlette Road with the Wilderness-- COMMISSIONER MURRAY: Yup. CHAIRMAN STRAIN: -- Country Club. And on that one the code enforcement officer issued -- issued a citation or something and the people kept doing the work. The BCC has I believe since found that they had a -- they had a right to keep doing the work because this was a nonissue. Now, that apparently was an error by the code enforcement officer in making that determination. If this goes into effect, wouldn't that error only be compounded by seriousness that couldn't maybe need to be relieved by the Board of County Commissioners? MS. DANTINI: Well, in our processes right now, as in all administrative function, there's a way for a person to contest the information. Anyone can contest a citation that's issued through them through our special master hearing process. So really there is an entity in place to be able to hear that process. We would hope that our staff is issuing these in a correct manner. And most of the time, they do call in just to make sure that their citations are correct. But, again, there -- there is a process in place for any kind of contestment. CHAIRMAN STRAIN: Mr. Tuff. COMMISSIONER TUFF: But the other -- in addition to that, that was a concern of mine too, but the verbal part of that has -- I have a problem with that. And somebody say, I told them this. And maybe they did, maybe they didn't. I know there's been cases where things aren't always done as some deem they are appropriate. And I think this would lead -- when you can just have a verbal and say, I've done this. Hey, that's a little scary for me to empower anybody to have. Unless I read it wrong, it says, I just need to tell them and they have to follow it. And the guy will say, Well, maybe he has a hardhat on, he had equipment banging and he didn't hear a word he said too. MS. DANTINI: Well, that -- that information is already actually -- I believe the information you're talking about is already in the code regarding the stop work orders. COMMISSIONER TUFF: Yeah, it is. I guess maybe I have a problem with that too. MS. DANTINI: Okay. Again, we're -- we're just -- Page 92 ~. iQ il J., 5 , August 3, 2006 COMMISSIONER TUFF: Yeah. MS. DANTINI: -- we're just here to ask for the portion about the citation. If -- if you deem it necessary to change the other language, certainly -- CHAIRMAN STRAIN: Well, I'm not sure that we want to go forward with more wrong language before we change the other language. But Mr. Klatzkow had something to contribute. MR. KLATZKOW: Well, I'm a little concerned because the very last line states, As provided for in the administrative code. And we've never really put together the administrative code. That was something that we planned on doing a couple of years ago that just didn't happen. So that I think I'd be more comfortable if we just put a period after the word -- the phrase "separate civil infraction" and left it at that. CHAIRMAN STRAIN: Okay. Thank you. COMMISSIONER MURRAY: Mark? CHAIRMAN STRAIN: Yes, sir. Mr. Murray. COMMISSIONER MURRAY: With regard to Wilderness, wasn't that heard by a special master and then that was enforced and then the parties had to go to the Board of County Commissioners to get a hearing? Isn't that true. MS. DANTINI: I'm sorry. I'm not familiar with that -- COMMISSIONER MURRAY: That particular -- well, I -- I think I have a recollection that that's the process that they went through. CHAIRMAN STRAIN: I don't, but anyway. COMMISSIONER MURRAY: So -- so I'm -- I'm pretty sure I'm right. I can't say absolutely. But given that's the case, these -- these remedies would already be put in place and the person would already be subject to all kinds of costs and fees. And it's considerable. I think the idea is probably not bad. I'm not sure that there are enough safeguards. CHAIRMAN STRAIN: Is that -- okay. Mr. Kolflat. COMMISSIONER KOLFLA T: Yes. I don't see the difference between the four -- the present citation and the proposed new one. Aren't they both for $500? MS. DANTINI: Well, actually, the current stop work order, the only way that we have the ability to enforce that if they choose not to move forward with it, is through the board injunction. So fines can be assessed on a daily basis once that is done. If they don't comply with it then, of course, it has to go back to court for that particular issue. But as far as the $500 fine, again, this is the same language that is dealing with all of our citation issues. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Miss, in the beginning of this -- I know it's not underlined, but what you're doing has an impact on some of the other parts of the paragraph. It says up on -- I think it's the first full sentence on the second page, Upon notice from the county manager designee that any action or work is occurring contrary to the provisions of this code, and it constitutes a threat to life -- now, that's -- that's serious -- or to public or private property. Now, it says a threat to life. Then it says or to public or private property. Now, that would mean anything. Anything. I could construe you walking on that floor as a threat to that carpet. I mean, I'm just wondering if we need to qualify where this more severe penalty and provision would apply. Maybe if it's a threat to life or to the safety of the public, that may be a condition. But to leave it as broad as it is and then add tighter implications to it, I'm not very comfortable with that. So I think someone needs to look at that language and try to narrow it down. If -- if a new language applies, then something ought to be provided to us to show us what it applies to as an example and how. Because I'm just not following it. And then the third sentence from the bottom that is new language it says, A civil penalty of less Page 93 August 3, 2006 than a maximum civil penalty may apply, may, if the person who has committed the civil infraction does not contest the citation. Mr. Klatzkow, that to me sounds like, wow, you know, you cut a -- I don't know. You're more or less telling someone if you don't agree with us, we're going to go after you. If you do agree with us, we may let you go. Can you do that? MR. KLATZKOW: I think what it's doing ultimately is giving the ultimate trier of fact discretion to give a substantially reduced fine if the violator has cooperated on -- rather than just a straight $500 a day. CHAIRMAN STRAIN: But you're assuming, then, that someone not -- you're assuming. You may then be telling someone it's cheaper for you to cooperate than to fight this even though you're right. COMMISSIONER MIDNEY: Well, I think you've got it backwards, Mark. It's not saying that if they don't cooperate, that they're going to get a worse fme. It gives discretion to lower the fine. CHAIRMAN STRAIN: But to who? COMMISSIONER MURRAY: If -- if! -- if! can add to that? CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: I happen to agree with you, Mark. I see that a nolo contendre meaning no contest. How many times have we read in the paper or heard on TV where it became so onerous to fight something that you just pay the fine and go ahead. Well, that gives in my mind an illegitimate exercise of power to someone in the field who can effectively lay something on you and, Hey, you know, pay the fine and you won't have to get nailed on this. I'm not sure that that achieves what you want to achieve. CHAIRMAN STRAIN: And I'm not convinced reading this that it's necessary based on the testimony you've already supplied here today that it's already covered in other codes. So why are we going forward with something unless you -- I think if you could provide us with something that shows why this is needed above and beyond what's already in our codes or our law of ordinances I should say? Why do you need this? MS. DANTINI: Well -- well, again, it's a less timely and less costly is what we -- we do feel. We feel that that's a very big factor for all of us, not just county but the public and also the respondent. Again, it's -- it's a tool. It's an administrative tool. And as I mentioned, those are intended to be less timely, less costly to the person involved. CHAIRMAN STRAIN: Well, we've got to have two hearings on this. Do you think you could come back? MS. DANTINI: Sure. CHAIRMAN STRAIN: When you do come back, provide to us an explanation of how the public benefits. And I don't mean because it's going to reduce code enforcement's efforts to get things challenged or take them to court. I mean, how does the public that you're challenging benefit by it? Because those are the people that are really the ones that are being intimidated and have the hardest time fighting something. So how are they being helped by this? That's kind of what I'd like to know. MS. DANTINI: All right. COMMISSIONER MIDNEY: And, Mark -- CHAIRMAN STRAIN: Go ahead. COMMISSIONER MIDNEY: Also what kind of -- what are the most common uses of stop work orders? What are they usually stopping? MS. DANTINI: Well, they're -- they're actually two departments that use the stop work orders according to the LDC: the building department and the -- the Florida building code. Code enforcement issues them for building issues such as this if they have not posted a permit or, quite honestly, most often environmental -- environmental issues which are usually a threat or a -- to an endangered species, a Page 94 161 IG 5 August 3, 2006 protected species, protected lands. Those are the types of issues that a stop work order would be issued for. COMMISSIONER MIDNEY: The thing that worries me, you know, if you're -- if they're filling in a wetland you know, in a few days a few dump truckloads of dirt, you know, and you've already done the damage. It's too late to reverse it. Or if you've cut down, you know, an area that's supposed to be protected and cleared, the land, it's too late by that point and so... CHAIRMAN STRAIN: Paul, I mean, thaes fine if that's where this applies. I -- I would agree with Paul, but I want to make sure it's specific that's where it applies. There are some conditions that this could be utilized for that we may not understand. It could be more detrimental. And that's what I'm trying to ferret out. And if you could -- if you could provide language that becomes more specific to its application, I think it would help my understanding of it. Mr. Vigliotti, do you have a question? COMMISSIONER VIGLIOTTI: You had said that it's a costly process and time-consuming process to get an injunction. MS. DANTINI: Yes. COMMISSIONER VIGLIOTTI: How long does it take and what courts are related to it? MS. DANTINI: Well, it can be anywhere -- of course, if a person continues to choose not adhere to the court injunction, it can go on for months and months and months. Yes. COMMISSIONER VIGLIOTTI: My question was: How long does it take to get the injunction, the first injunction and what courts are related to that fIrst injunction -- MS. DANTINI: You know, I -- I don't have an exact on that. I would guess that because we're dealing with court time, though, you have to make sure that you can get on the docket. If it's a health/safety issue or an environmental issue, they may be able to put it on a little bit sooner. But we're at the court's mercy basically for those types of issues and depending upon their dockets. COMMISSIONER VIGLIOTTI: Are we talking days? Weeks? MS. DANTINI: I would say that probably -- more than likely it's going to be at least a week to two weeks before we could get on that court docket. But I do want to verify that for you. I don't want to just pull that figure out of the air and make it a definite. I would like -- COMMISSIONER VIGLIOTTI: I'd like to know more in can. MS. DANTINI: Sure. CHAIRMAN STRAIN: Mr. Murray, did you have a follow-up? COMMISSIONER MURRAY: I did, but I'm -- I'm not going to-- CHAIRMAN STRAIN: Miss, we're not saying no to it. We just need some clarification. So if you could provide the -- some examples and maybe limitations on to what items this would be used for, it would certainly help us understand it. And I think an example that I would have liked to have seen this applicable to for is that one we heard this morning on the boat dock. Where these two lots where mangroves were apparently cleared and filled with no building permit. And now the guy's coming in looking for a building permit and no one's questioning how he got the property to where it is today, which is -- obviously by the aerial was not appropriate. So those are good examples. And those are the kinds of things that we could understand and we'd be better off. Mr. Schiffer, did you have anything extra? COMMISSIONER SCHIFFER: Yeah. Just -- just a thought. In that line there a threat to life or it's coming really from what Paul said, but could you put not repairable damage. In other words, if you catch somebody on public property, then you got to nab them quick and you got to stop them quick. So if he's doing something that could never be replaced or repaired, then that's a threat. MS. DANTINI: Sure. We -- we have -- we actually have language now in the citation ordinance that deals with threat to health and safety, irreparable, irreversible harm. So if we inserted that language in Page 95 i .~ , .~ ir"\r' " '!:J - August 3, 2006 that particular -- CHAIRMAN STRAIN: Right. Yeah. MS. DANTINI: -- area, I think it sounds like it might cover -- CHAIRMAN STRAIN: Yes. That's a good idea. That would take a look at that for the final round. MS. DANTINI: Sure. CHAIRMAN STRAIN: Mr. Murray, do you have something else? COMMISSIONER MURRAY: Yeah. I have to go forward with this question. As an example, I mean, hopefully it's not an absurd example, but some guy out in the sticks out there in the Estates wants to build a tree house and doesn't realize he should get a permit. And he goes and he starts the tree house. The code enforcement gives him a stop work order with the potential for this. Is that plausible? Is that reasonable? Now, I happen to know about a $18,000 accumulated cost on a guy that built a tree house and so does that apply? MS. DANTINI: I will-- I will tell you that we are going to try to use common sense when issuing a stop work order. And -- and I know that we're not touching tree houses at this time. I -- I believe that did happen in the past, but -- COMMISSIONER MURRAY: Eighteen thousand dollars' worth. MS. DANTINI: Yeah. And that is an issue that, of course, you know is there to haunt us, I guess. But we are not at this time issuing any stop work orders for that type of a situation. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Mr. Tuff. COMMISSIONER TUFF: I apologize for my ignorance here. But I thought I heard that you said you already have those things in place and your wording for it. And so then are we going to put them into this? And I'm thinking that are we making more volumes and -- you know, to me it seems like we should be trying to get rid of stuff. And if they've -- you've already got that in place, that I -- I thought I heard you say that. MS. DANTINI: Yes, it is. COMMISSIONER TUFF: Then why are we adding -- adding more? I guess I don't understand. MS. DANTINI: Well, actually, it is in Ordinance 97.35 as codified in Chapter 2 of the Code of Laws and Ordinances. You know, again, it's something that someone would have to go to another source to read it. And if you-all would feel better having that included in here, I certainly can add it. Again, it is duplication, though, because it is out there for regarding our citation issuance. CHAIRMAN STRAIN: Well, I think what we're doing is expressing some things, we may need to understand it better. And then it would be up to you to come back with what you think is a way to clarify it for us. MS. DANTINI: I would be glad to. CHAIRMAN STRAIN: And then, once we understand it better, it would probably be simpler to get through. MS. DANTINI: Sure. I understand. Thank you. CHAIRMAN STRAIN: Anybody else have any questions now? (No response.) CHAIRMAN STRAIN: Thank you very much. MS. DANTINI: Thank you. MS. F ABACHER: Mr. Strain, our last author is going to be Joyce Ernst with zoning and land development review. And if you just look on your next page, page 197, Joyce is going to be addressing the changes to the specific requirements for minor after-the-fact encroachment. Page 96 lbl IG5 August 3, 2006 MS. ERNST: Okay. Now, for the record, I'm Joyce Ernst from zoning and land development review. And this whole section is put in the code for basically when a contractor or homeowner builds and they make an error. And that's typically the 5 percent. And -- and then in the code already there also is provisions for administrative variances. Or when the code changes for structures that were built many years ago where there was no spot surveys required that we find today don't meet setbacks and for those type encroachments, those are the ones that are permitted to apply for the variance for the 25 percent of the required setback. Now, if you'll notice in the old -- the old language that it -- that they strike through, that it's already in the code for these types of administrative variances. However, there was an interpretation made by the county attorney that the language there did not include accessory structures. It only addressed principle structures for the 25 percent administrative variance. And so what we're doing at this time is we're going to __ we're clarifying that. Because the intent of the code was always to allow this to apply for both principle and accessory structures, not just principle structures. So it's just being reworded. So it really spells it out and makes it very clear that they can apply for a variance under -- you know, under the circumstances that are dealing -- delineated in the code for principle and accessory structures. Now, also added was some language that was omitted when the LDC was codified. And that we've included with this section too. And that addresses legal nonconforming structures that were built and someone wants to put a minor addition to that at the same setback. And so they're allowed to apply for an administrative variance. And if they meet the criteria then, you know, we can grant them that. And, as I say, that was omitted from the old LDC. And that is under No. C. You can see it's -- we've actually, I think, included everything that was in that administrative section of our code. Does anyone have any questions regarding that? Yeah. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: I do. So, Joyce, one thing you state that this is only to change omitted language, but you're actually rewording the existing too; correct? MS. ERNST: It will result -- the wording is all changed to make it -- to really make it clear that it applies to accessory as well as principle. COMMISSIONER SCHIFFER: Okay. One thing that confused me when I read this thing is essentially most of the wording is the same. MS. ERNST: Right. COMMISSIONER SCHIFFER: In other words, copy clip. I think we've got four paragraphs here. Isn't there a simpler way to show that so it's easy to see? And also one thing I don't like about it is you describe a process that essentially gives you the -- the 6 inches or the 5 percent not to exceed 6. And then each paragraph has this additional allowance. I'm not so much against the wording. I'm just against the way it's processed here. In other words, there's a lot of repetitive stuff that I think we could rewrite in better code language that shows what's allowed, what the exceptions are. And it's much clearer because, I mean, the difference between A, B, and C and is hardly any except, you know, I mean, it just seemed it was really cumbersome to read this kind of code like this. MS. ERNST: Uh-huh. Well, see A, Band C, they all apply to different circumstances and that's why they're separated. COMMISSIONER SCHIFFER: Here's the thing. They are different circumstances -- MS. ERNST: Right. COMMISSIONER SCHIFFER: -- but they have the same solution. So, in other words, like, A is a circumstance and the solution is -- we'll call it, it's a solution. B is a circumstance with the same solution as A. C is a circumstance with the same solution as A and B. So, in other words, why are we setting up these categories when we should just state A, B, C and then tell everybody to do the solution. Page 97 '; h , ~U 1 C 5 August 3, 2006 MS. ERNST: Uh-huh. COMMISSIONER SCHIFFER: That's my thought. MS. ERNST: Okay. COMMISSIONER SCHIFFER: And then in the wording have you also -- the solution, I think, has buried into it where you look at all of them, it starts that an additional allowance is made which brings in 25 percent for essentially single-family residential structures when maybe that should be a separate paragraph. Because, again, it's a solution to all the available ones. So I think it's buried in places. Or maybe the outcome's really just make a commercial version and a residential version. I know that in watching some of the after-the-facts variances, that the commissioners and even the county attorney are getting confused over wording that may have been intended for commercial and other that was intended for residential and got them all confused. The other question here it says that the manager as designee may administratively approve it. When would he not be able to? I've heard Joe Schmitt give a lot of testimony saying, How can I not. When would he not administratively approve it? Ifhe meets these conditions, wouldn't he have to approve it ifit's in the code like this? MS. ERNST: Typically we do. If they meet all the criteria or conditions that we request, we typically -- we wouldn't want to say we have to approve it. I guess it would still give us a little flexibility in the event that there's something that we choose not to approve it. COMMISSIONER SCHIFFER: I mean, but -- but that kind of concerns me a law -- MS. ERNST: Uh-huh. COMMISSIONER SCHIFFER: What if Joe doesn't like guys with pony tails? Am I going to have trouble with somebody with a different haircut? Might not. CHAIRMAN STRAIN: Are you getting personal there or what? COMMISSIONER SCHIFFER: Well, Mark and I, we couldn't get it, but -- let's go to C a second. There's things in there. The first one essentially is a building that the person -- there's a problem with it. And it wasn't done by the person that bought it. I mean, so essentially if you're, like, a grandmother that has a bad porch for 50 years, you wouldn't be able to get this; correct? MS. ERNST: Now, what number are you looking at? COMMISSIONER SCHIFFER: I'm looking at C-l. MS. ERNST: Oh, C-l? Okay. That's where no building permit record can be produced? COMMISSIONER SCHIFFER: Right. MS. ERNST: And a lot of that is because the county records are not that great and there's a lot of times that -- or at least they're basically for buildings that someone buys the property and they find they have an encroachment. And we try to give them a way of making it a legal structure. And they have to comply with all that criteria. We've only used that maybe once or twice. It hasn't been used very often. COMMISSIONER SCHIFFER: Right. MS. ERNST: And this is -- COMMISSIONER SCHIFFER: Listen to what you just said. The county records are -- are so bad that -- so the person's going through this exercise because of the county records. That doesn't seem fair. In other words, I guess my one big point is rather than be picayune throughout the whole thing is that isn't there a concept of grandfathering this -- grandfathering stuff in like that? Isn't that what we really need to be doing rather than -- CHAIRMAN STRAIN: That's a good point. MS. ERNST: Well, I don't think we have a provision, I don't know, to grandfather something in. COMMISSIONER SCHIFFER: Well, if you're saying -- I mean, if someone builds a house and, you know, maybe on the plans and it's signed off. It's okay. You can have the steps come down. And the Page 98 161 Te": t . ~ August 3, 2006 next thing you know code enforcement's there. And the next thing you know they're reporting there's no permit on this. I mean, the guy's been paying taxes on it for -- he can prove when it came into existence. CHAIRMAN STRAIN: Are you -- are you talking about Russ's incident? COMMISSIONER SCHIFFER: I'm talking about a lot of people in this town. CHAIRMAN STRAIN: Well, I know, but this just sounds like a mirror image of what Russell just went through. COMMISSIONER SCHIFFER: Russell's a veteran of this war. That's for sure. In other words, can't we come up with something that isn't as -- I mean, because that really isn't a problem. I mean, sometimes these things happen to people behaving properly. Sometimes they don't. We've had variances and you've seen me take the stance that I'm really suspicious as to, you know, are these people as naive as they think they are, but -- CHAIRMAN STRAIN: Mr. Klatzkow, did you want to contribute? MR. KLA TZKOW: I am preparing an ordinance for the board's review in September that will cover these situations and hopefully eliminate the issue. CHAIRMAN STRAIN: Could we review that during this draft process? MR.KLATZKOW: Yes. CHAIRMAN STRAIN: Would you mind e-mailing that to -- to us? MR. KLATZKOW: We have one bye-mail to you, yes. CHAIRMAN STRAIN: That would -- some of our experiences of our one particular board member, I think that would be a really good thing to look at. MR. KLATZKOW: Yes. This will not be part ofthe LDC cycle. It's going into the regular code of laws and ordinances. CHAIRMAN STRAIN: Good. I'm glad that's being addressed. That's excellent. COMMISSIONER SCHIFFER: But would it make any of this unnecessary? CHAIRMAN STRAIN: Ms. Fabacher. MS. F ABACHER: My understanding is this is to help out people who want to kind of clear their title and they've bought a house that was built in 1935. And, obviously, nobody really had great records back then. But be that as it may, this is a way -- they are nonconforming structures. So that under our code if over 50 percent of that structure's damaged, then it has to be brought into complete compliance with the current code now. This is a way of giving a little bit oflatitude for us to help people make these structures nonconforming. Not a great amount. And it's in situations where it's really not their fault. It addresses, you know, A, B, C and D. Just different situations how this happened to occur. C happens to be the issue where that they don't have any old records. CHAIRMAN STRAIN: Mr. Schiffer, did that answer your question? COMMISSIONER SCHIFFER: But, Joyce, isn't there a concept of legal nonconforming? In other words, if you build a house before the code and somebody comes along years later and says your setbacks don't meet the code, I mean, that's a legal nonconforming use. MS. ERNST: That would be a legal nonconforming use, right. COMMISSIONER SCHIFFER: But what rights do they have if this -- MS. ERNST: The way our code reads if it gets destroyed by more than 50 percent, it has to meet the current code. MR. KLATZKOW: You'd have to rebuild to current code. COMMISSIONER SCHIFFER: And this would then -- MS. ERNST: Now this really I don't think would address something like that. MS. FABACHER: Well, it would be nonconforming based on this administrative act. MS. ERNST: Well, I think maybe it depends on how -- how much it didn't meet code. Like we Page 99 1,61 Ie August 3, 2006 have -- we have so many changes in our codes from setback purposes, that in that situation I guess it may. I -- I only -- I'm trying to remember what situations have come up that we've addressed. I don't think that situation has ever come up where we had to address a home that was built that maybe complied with setbacks when it was built. They wanted to -- you know, it got destroyed. They wanted to rebuild it. And they had to meet current codes. COMMISSIONER SCHIFFER: But let me give you -- let's say that we built a high-rise building back in the old C-4 days of 100 feet. It's now 75 feet. Isn't that a legal nonconforming building or what is that building? MS. ERNST: It's legal nonconforming, but I believe even then they have to -- if it got destroyed I believe -- you know, I don't think there's anything in our code that allows them to build it, you know, to how -- to the extent it was before. I think our code -- well, I think I'm mistaken though under a nonconforming section which is another whole section of the code. There is allowances to rebuild to the current -- I think -- I think it says density, height, but it still has to meet the current setbacks, I believe. COMMISSIONER SCHIFFER: But here's, again, and maybe I'm not saying it right. The problem is that people own buildings that are built with good intent. Everybody feels they're done well. MS. ERNST: Right. COMMISSIONER SCHIFFER: There are some cavalier people, but this isn't for them. And then the code changes so they have to constantly keep up with it through -- you know, through this process? I mean, it seems strange. There's two conditions that are happening. One is we're changing the rules which makes them nonconforming. MS. ERNST: Right. COMMISSIONER SCHIFFER: Two, we're losing the records which it much more fun to play with them. CHAIRMAN STRAIN: To get to your point, why don't you, before the next hearing on this, work some language that addresses Mr. Schiffer's concern that says considering the nonconforming issues of an existing facility comparable to the way the code may change. I mean -- MS. ERNST: Now, you're talking about replacing nonconforming structures? COMMISSIONER SCHIFFER: Well, I was just dealing within the framework of this. MS. ERNST: Because I think that -- COMMISSIONER SCHIFFER: I was told the reason we're doing this is so that we can replace them. MS. ERNST: And right now all the -- you know, right now the people can get a variance for 25 percent of a single-family home, a duplex or a mobile home under certain circumstances. I mean, that's in the code. All we're really adding was that it included an accessory structure. Now, I understand if you wanted us to rewrite it so it's -- we kind of group it together a little bit more. COMMISSIONER SCHIFFER: I tell you what, I'll take a shot at that and send it to you. MS. ERNST: Okay. COMMISSIONER SCHIFFER: If -- if it bothers me, let me try to cure it for myself. There was also another thing in here that if a person -- sorry, Bob. This is the -- COMMISSIONER MURRAY: All right. COMMISSIONER SCHIFFER: I think this is a good -- because if a contractor is building something and a house drifts four inches out of the setback, we don't want to paralyze the world. We want to go through this process. CHAIRMAN STRAIN: This isn't for a house. This is for an accessory structure now. COMMISSIONER SCHIFFER: No, and house. Building and she's adding -- CHAIRMAN STRAIN: The code already allows you to do this for principle-- Page 100 161 Ie 5 August 3, 2006 MS. ERNST: This part ofthe code already addresses principle strUctures. We just want to make it very clear it just not applies to principle structures, but it also we can apply it to accessory structures as well. COMMISSIONER SCHIFFER: With the addition of C? MS. ERNST: Not C. It's probably D. D is the section that -- I'm sorry I misquoted that -- was omitted from the code. And that has to do with putting a minor addition to legal nonconforming structures at the same setback. COMMISSIONER SCHIFFER: There was a -- in here somewhere where it stated that if the owner wasn't aware of a nonconformity, he could get the 25 percent of it even in new construction; right? So if the contractor, the architect, let's even bring in the building department, they all made mistakes, but the owner didn't. He's eligible for that; right? MS. ERNST: Well, I don't think that this -- because it just says this allowance applies to principle and accessory structures provided the following criteria are met. I think it has to be an addition or-- COMMISSIONER SCHIFFER: Well, I read that. MS. ERNST: -- an accessory structure. The encroachment portion of the structure was -- okay. I'm trying to remember where I read that. The encroachment structure's either an addition of living area to a principle or accessory -- accessory structure of at least 200 square feet. So it wouldn't apply to a whole house. COMMISSIONER SCHIFFER: Yeah. That was it. And this is my last question so Bob can go Jump. COMMISSIONER MURRAY: Uh-huh. Sorry. COMMISSIONER SCHIFFER: Who's the site development review director? Shouldn't it be county manager or his designee? MS. ERNST: Yeah. That probably needs to be changed. COMMISSIONER SCHIFFER: Okay. You guys can jump in. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Oh, I'm just going to have some fun. That's all. On page 197 I'm going to be Commissioner Kolflat for a moment. I see that you have up in change it says ATF. I assume that's Alcohol, Tobacco and Firearms. And then under reason you have CAO. I assume that's chief accounting officer. Could you -- could you tell me what those acronyms are? What those initials -- what they represent. COMMISSIONER KOLFLA T: You never gave me a chance. MS. FABACHER: Catherine Fabacher for the record. ATF, after the fact. COMMISSIONER MURRAY: Oh, how simple. Okay. And CAO. MR. KLATZKOW: County Attorneys' Office, I believe. COMMISSIONER MURRAY: County Attorneys' Office. MS. FABACHER: Right. COMMISSIONER MURRAY: Another simple one once you know it. MR. KLATZKOW: I'm just taking a guess. COMMISSIONER MURRAY: Oh, it could have been something different? Thank you. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLA T: Yeah. I had those on my list too, but the point is be sure to get them on the index in page 1 and 2, Catherine. MS. FABACHER: Yes, sir. COMMISSIONER KOLFLA T: Thank you. MS. FABACHER: Yes, sir. Page 101 '1 ~:,:~ \ JJ ~,# " f', ; ! J..V August 3, 2006 CHAIRMAN STRAIN: By the way, we might want to reserve the ninth just for abbreviations. COMMISSIONER KOLFLA T: And a follow-up the next day. CHAIRMAN STRAIN: Okay. Any other questions of Joyce? MS. F ABACHER: I want to just make -- clear something up. When something is legally nonconforming that means that it was created legally at another time when it was legal as opposed to a regular nonconforming which was created illegally whenever it was created so, yeah. COMMISSIONER SCHIFFER: But do they have -- do they have the same rights? MS. FABACHER: They have the same-- COMMISSIONER SCHIFFER: In a -- in a destruction situation? I mean, we live in a world where we get destroyed. (Multiple voices.) MS. F ABACHER: I'm sorry. COMMISSIONER SCHIFFER: Yeah. We live in a world where we have to be careful because we do have damage to our buildings. MS. FABACHER: Well, I was just going to suggest that before the next meeting, we might want to review the nonconformity section in the code. It's Section 90301 in the existing code just to understand what happens with nonconformities and how that device works. COMMISSIONER SCHIFFER: Good. Thank you. MS. F ABACHER: Thank you. CHAIRMAN STRAIN: Okay. Joyce, I think you're off the hook at this point. Thank you. MS. F ABACHER: Mr. Chair, that's all I have except for material to pass out for the eighth. CHAIRMAN STRAIN: No. Let's -- we got other things. Let's go to triple I, definitions, lot width. Catherine Fabacher, she's here today. COMMISSIONER KOLFLA T: What is the page number? CHAIRMAN STRAIN: Page 5. Is there a reason that you're not prepared to discuss this, Catherine? MS. FABACHER: Well, yes. Because the DSAC, LDR subcommittee and the full DSAC requested that we provide illustrations of cul-de-sacs and a measurement because some people may not understand what a cord is. And they also wanted another illustration to depict how this would be measured, the lot width. So we didn't feel that the definition was complete to present to you until graphics had finished completing those illustrations. CHAIRMAN STRAIN: Are you -- are you withdrawing this? MS. FABACHER: No. CHAIRMAN STRAIN: Okay. Good. Then let's just go through the comments we have today and you can add those to whatever you're producing. MS. FABACHER: Okay. CHAIRMAN STRAIN: This may help out. MS. FABACHER: All right. CHAIRMAN STRAIN: I want to get as much of this done today and not waste any time because I want to get done with this on the eighth so we can move into the seventeenth and get going on the twenty-third. So with that this is the lot width one on page 5. Is there any discussion you want to provide to us on this, Catherine? MS. FABACHER: Well, you might recall that -- I don't know if it was the last cycle or the one previous to that, we had attempted to restore the lot width definition. And then we had simply copied at that time what had been in the old code. And then there was a lot of debate on how to improve it, a lot ofmdiscussion. And staff was asked to come back three or four times to come up with a definition that -- that Page 102 :..;1 lCS August 3, 2006 the Planning Commission could live with. So at one point it just got so late in the cycle that we pulled it and now we've brought it back this time. CHAIRMAN STRAIN: Okay. Anybody have any questions on this one? Mr. Schiffer. COMMISSIONER SCHIFFER: I honestly don't get this yet. So let's just walk through it. The horizontal distance between the side lot lines, so let's assume -- make our life easy. It's a square site. So that's the distance between the two side site lines. All right? I mean the two side lot lines. MS. F ABACHER: Correct. COMMISSIONER SCHIFFER: We really should be trying to do this with a drawing. Measured from the front building setback line. That's -- pretend the setback's 25 feet. You go back 25 feet into the lot and you draw a line between the two side setbacks, let's assume parallel to the front building line. And then it says, to a distance of 80 percent of the lot depth. So now we're going 80 percent deep into the lot and we're drawing a line from that which would be parallel with the sidelines if you follow that instruction. MS. F ABACHER: No. I think you go 80 feet back from -- COMMISSIONER SCHIFFER: Eighty percent, but wouldn't you -- MS. F ABACHER: You take a second measurement from the front setback line. COMMISSIONER KOLFLA T: Eighty percent. COMMISSIONER MURRAY: It says 80 percent. (Multiple speakers.) MS. F ABACHER: I'm sorry. COMMISSIONER MURRAY: Yeah. Sorry. COMMISSIONER SCHIFFER: In other words, I think, I'd like to see those sketches too. CHAIRMAN STRAIN: I would too. This is a one-page issue. I want to contribute whatever comments we have so that when we get it back we're not going to reinvent the wheel in our comments is all. You've got -- COMMISSIONER SCHIFFER: Okay. Well, let me -- let me get the author's intent. What you're saying is you measure the distance between the sidelines at the front building line. I like that. MS. F ABACHER: Okay. COMMISSIONER SCHIFFER: But the lot could be irregular. So somebody will do pie-shaped lots if you don't -- then you're saying go back again and measure it 80 percent back. MS. F ABACHER: From the -- from the front property line -- COMMISSIONER SCHIFFER: From the front property line. MS. F ABACHER: -- on the setback. Eighty percent into the -- THE COURT REPORTER: One at time, please. MS. F ABACHER: I'm sorry. COMMISSIONER SCHIFFER: Eighty percent of the lot depth. That -- that would mean that. You're right. And then you take the average of those? MS. F ABACHER: Yes. COMMISSIONER SCHIFFER: That's what's missing then. MS. FABACHER: Probably so. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Is that it, Mr. Schiffer? COMMISSIONER SCHIFFER: No. We've got to do cul-de-sacs. The minimum width on a cul-de-sac lot line shall be measured by drawing a straight line which links the points at which the ~ide property line intersects the front property line of the -- of the curb. That would, in fact, be the cord of the curb; correct? Then drawing a straight line parallel to it to the required front setback line. That may be Page 103 .<1' I .if..... It' . .1 1!t.,J' 1 C 5 August 3, 2006 confusing, but in other words -- MS. FABACHER: Well, what you're going to do is you're going to take the middle of the cord which is the curvilinear part of the front of the lot line as curvilinear. You're going to come straight through that, through the middle of the property line to create this line. And then you will go, you know, parallel to that, 180 degrees parallel to that, to kind of give you -- and then you come to the setback line. So instead of reproducing the curve of the yard 25 feet back, if that's the setback, instead of reproducing that curve, you're going to create a straight line there. COMMISSIONER SCHIFFER: And that becomes your width? MS. F ABACHER: Yeah, at that point at the building setback line. COMMISSIONER SCHIFFER: Well, let me say it back and then maybe I can help you with the words. Is it taking the cord of the property line -- MS. F ABACHER: Okay. COMMISSIONER SCHIFFER: You know, no matter how you describe it, it ends up being the cord of the front property line and then drawing the line perpendicular to that -- MS. F ABACHER: Right. COMMISSIONER SCHIFFER: -- to -- and is that the distance of the setback? MS. F ABACHER: Well, it wouldn't be exactly. It's kind of perpendicular to the cord, but it's kind of parallel to the side lot lines. COMMISSIONER SCHIFFER: You know, people are changing -- communities are changing their setback, their ability to do this. But with the computer, we can offset things which you really didn't do well manually. So why wouldn't you describe it or if you want-- MS. F ABACHER: Well, because I think that it's easier to measure a straight line than to try and measure a cord -- COMMISSIONER SCHIFFER: Okay. MS. F ABACHER: -- to determine the width. Instead of measuring the curved line, you'll get a straight line to measure from, but I think you're right. COMMISSIONER SCHIFFER: But see here I don't think you can draw a straight line parallel to the cord which would be -- you know, I think let's move on. But let's you and I sit down at least during a break today and see if we can do this with graphics. I don't get it and it doesn't make sense to me. And I think the last thing in the world you want is a problem with this. The City of Naples, I watched a nasty variance go down where they're measuring setbacks off of cords and houses are too close to a cul-de-sac. So we want to be careful there. CHAIRMAN STRAIN: I was hoping that your input today could be incorporated into whatever graphics you were talking about so when you come back to us it could be clarified to address Mr. Schiffer's concerns. I had one issue on it and that is the address -- how do you address flag lots with this? Flag lots are a reality out there. So if you haven't thought of that in regards to this definition -- I don't think you had -- you may want to consider a flag lot as another issue you have to take a look at. MS. F ABACHER: Okay. CHAIRMAN STRAIN: Okay? MS. F ABACHER: There are some further definitions which I can bring at the next meeting that discuss frontage and to address kind of those issues of -- CHAIRMAN STRAIN: I wanted you to hear our concerns -- MS. F ABACHER: Okay. CHAIRMAN STRAIN: -- so that you could come to the next meeting with your diagrams in a manner that would be more complete so we could get it resolved then. Page 104 .IG 5 August 3, 2006 MS. F ABACHER: All righty. CHAIRMAN STRAIN: Okay? MS. FABACHER: Certainly. CHAIRMAN STRAIN: The next one would be double X. It would be page 123 in our book. And I know what you're going to say, Catherine. You're going to say that Mr. McDougall (phonetic) isn't here. He was here. So why wasn't he told to stay and discuss something if this board wanted him? MS. F ABACHER: When he was sent a letter and he was notified that it would be on the eighth. CHAIRMAN STRAIN: Right. And we on Tuesday suggested we hear some ofthese today. Why couldn't he discuss this with us today? Did he have a reason or did anybody ask him to? MS. F ABACHER: No one had asked him. CHAIRMAN STRAIN: Okay. That's odd. We went ahead and scheduled Patrick for today and nobody -- and he specifically was told he was as well. MS. FABACHER: No. We-- CHAIRMAN STRAIN: On page double X VI 26 there's one there for fences and walls that has your name on it. Are you able to discuss that today? MS. F ABACHER: No, I'm not. I was given direction by the DSAC that it was unclear and that the language needed to be straightened, and I'm working with staff to -- to do that. CHAIRMAN STRAIN: Are you withdrawing it? MS. F ABACHER: No. CHAIRMAN STRAIN: Okay. Then we will discuss it. DSAC doesn't dictate what we review. I'd like to get that one past us too. If you have refinement that changes the meaning of it, then you can incorporate our comments into that, then that just expedites the process. COMMISSIONER MURRAY: What page are you on? CHAIRMAN STRAIN: One sixty-three. COMMISSIONER MURRAY: Thank you. COMMISSIONER KOLFLAT: You said 163? CHAIRMAN STRAIN: Yes, sir. MS. F ABACHER: Okay. For some background on my understanding of this, there's some situations where usually accessory structures abut residential areas. And these are non -- like a golf course maintenance shed would be. So that said that this issue was not addressed in the code. There was no requirement for them to provide -- I mean, obviously, there are requirements for -- to put a fence between commercial and residential, but there's some cases where you have -- it's not strictly a commercial use like a golf course. It's just a nonresidential use. And it abuts a residential property. Okay? So this was to try and cover that hole for the case where there's no requirements to cause somebody to -- to screen a -- or fence a maintenance facility or, you know, workshop for -- or any -- and I think they call them ancillary plants or something to a church which is really not a residential use but would abut -- you know, it can be permitted in residential areas. So there was kind of this category of more than uses so much as structures that are -- were falling through the crack. And -- and people were complaining because they were not required to screen this from view of the residents. And that was the -- the reason that staff requested that this be added. CHAIRMAN STRAIN: So page 163, 164, 165, 166, the only change we'd really be discussing is the one sentence added that's No.6 on page 165? MS. F ABACHER: Yes. That -- that is correct, sir. I -- staff had attempted to provide for you all the text and restrictions in here so that you could just see the context in which the change was being added. CHAIRMAN STRAIN: Oh, no. I appreciate that. I want to make sure we're focussing on the-- MS. FABACHER: Yeah. No. It's simply that. And Mr. Muldere (phonetic) -- Mulhere had -- had Page 105 () -~ August 3, 2006 actually -- is very familiar with the code having worked here and been, I forget, was he a planning director or zoning director? CHAIRMAN STRAIN: He was something. I don't know what. MS. F ABACHER: You can say that again. Just a joke. Anyway, when we met at the DSAC, he advised me that this was perhaps not the best place in the code to put it. But since then, he's been out of town so I haven't been able to -- CHAIRMAN STRAIN: All right. He's on vacation? MS. F ABACHER: -- get with him at subsequent meetings to determine where he thought. Now, I met with other staff. And they had other suggestions. If you looked at E, the applicability of E is commercial and industrial districts. And we were thinking of maybe having that applicability include or designate ancillary structures up there. And then as you see the language in No.2 would cover it. CHAIRMAN STRAIN: Okay. Is there any comments? Mr. Murray. COMMISSIONER MURRAY: I have one. I -- I assume that a parsonage on a campus, a religious campus, call it that for lack of better knowledge, I can -- I can imagine you wouldn't put a fence between the residential -- that parsonage and the church? MS. FABACHER: I don't think that's covered, but-- COMMISSIONER MURRAY: No, but I just want to be clear that that's not as extreme as that. So we're talking about regular residential. MS. F ABACHER: Right. Not the same property owner. COMMISSIONER MURRAY: So it's just considered -- MS. F ABACHER: Not the -- (Multiple voices.) THE COURT REPORTER: One at a time, please. MS. FABACHER: Sorry. COMMISSIONER MURRAY: Considered to be part of one campus. I'm sorry for you. CHAIRMAN STRAIN: Before you answer that. Mr. Murray, I think this is only -- the way this is included, it only affects the residential zoning districts noted under page 164 in the bottom. I'm not sure if it were a parish or a church be within a residential -- COMMISSIONER MURRAY: Well, wouldn't that be the conditional use? MS. FABACHER: Yes. Yes. COMMISSIONER MURRAY: Conditional use for the residential? MS. F ABACHER: I believe so. COMMISSIONER MURRAY: That's why I was concerned. I just didn't want -- I know it seems a little bit far-fetched, but just offhand just to be sure that was considered. MS. F ABACHER: So-- CHAIRMAN STRAIN: Did you get your question answered? COMMISSIONER MURRA Y: I got it. Thank you. CHAIRMAN STRAIN: Mr. Schiffer then Mr. Kolflat. COMMISSIONER SCHIFFER: I mean, I think this is only to do with the materials used in the fence between commercial and residential. That's what we're changing today; right? Only that that's underlined; correct? MS. FABACHER: Yes. Yes. COMMISSIONER SCHIFFER: Okay. And I have a problem restricting the use of some materials. So according to this, we can use a masonry wall, and I think you would really want to note that that masonry wall is stuccoed. Page 106 i UB l~ August 3, 2006 MS. F ABACHER: Okay. COMMISSIONER SCHIFFER: You wouldn't want a masonry wall. You'd want a stuccoed masonry wall. CHAIRMAN STRAIN: No. You'd want a split-faced block or-- COMMISSIONER SCHIFFER: You could. Yeah, you could. You'd -- so then say a decorative masonry wall, you know, or stuccoed. I mean, the way this is written is that bare concrete block that you don't want. The only concrete that's allowed is prefabricated concrete walls. And if somebody wanted to pour it in place, I wouldn't punish them for that. So what's wrong with a concrete -- MS. F ABACHER: I'd have to be honest, Commissioner, I just copied from two below the existing text for commercial and industrial, but we can -- COMMISSIONER SCHIFFER: Then why do you add this? Because below kind of -- MS. F ABACHER: Well, below applies to commercial and industrial districts whereas -- COMMISSIONER SCHIFFER: But it states whenever a nonresidential development is contiguous to a residential district, and that's the exact same wording as above. So what you're saying -- I mean, I'm reading residential saying that if there's a commercial, you can expect from them this wall. When below it says if you're a commercial and you're against residential, you have to do this wall so... MS. F ABACHER: Right. But it doesn't say if you're a conditional use that is not commercial or industrial such as a church or a golf course, it's not -- that is not addressed, that category of structure. And that's what staffs attempting to do here. COMMISSIONER SCHIFFER: Well, should we try to fIx what's below, then, also or what do you guys think? CHAIRMAN STRAIN: What -- what's below seems to be written properly. COMMISSIONER SCHIFFER: You're going to have bare concrete -- bare masonry, Mark. CHAIRMAN STRAIN: Well, I mean as far as its application. As far as bare masonry, do we know if we have an architectural standard there -- MS. FABACHER: Well, I'm thinking-- (Multiple voices.) CHAIRMAN STRAIN: Catherine, I notice I used to do the same thing and these girls get real mad at me so we've got to do it one at a time. Is there an architectural standard that applies to commercial/industrial that does not allow bare masonry in walls that we know? COMMISSIONER SCHIFFER: There could be. MS. F ABACHER: Catherine Fabacher for the record. I am not familiar with all of the architectural standards; but I do know that in certain overlays and districts, they do prohibit certain types of fences and certain types of materials. I mean, I'd have to look through all of the design standards, say, in activity centers. I just really couldn't answer that without totally reviewing the code. CHAIRMAN STRAIN: Okay. MS. FABACHER: But, I mean, the materials are limited under design standards in many, many, many types of zoning districts. I'm just off the top of my head not familiar with which ones that would be. CHAIRMAN STRAIN: Well, after hearing Brad's concerns, which are good, and we are entering new language for a new implementation and different zoning district and commercial and industrial, and if we can clean this up to make it more specific to the materials especially in the sense of more of a residential zoning area any way, why don't we clean this one up while we're at. MS. F ABACHER: Okay. Fine. CHAIRMAN STRAIN: So that might be a good thing. And I notice you use the word "contiguous," yet I notice throughout these LDC amendments, we've been making an attempt to use the words "adjacent" where they definitely apply and "abutting" where the others don't apply. For consistency Page 107 [) .'lJ August 3, 2006 since those are defined terms, can we use one of those here? MS. F ABACHER: Yes, because contiguous is not -- okay. Adjacent would allow -- would mean that it could be across the street -- CHAIRMAN STRAIN: And that where I'm getting at. Do you mean-- MS. FABACHER: Exactly. If that's -- if that's your desire where we meant-- (Multiple voices.) CHAIRMAN STRAIN: You've got to let me finish my sentence -- MS. F ABACHER: I'm sorry. CHAIRMAN STRAIN: -- because she can't write twice. Did you mean that if a maintenance facility for a golf course was on the property line between the maintenance facility and, say, a residential tract on one side and a golf course on another, that is abutting. Contiguous would mean it's across the street from it. I mean -- yeah, adjacent would mean it's across the street from it. So do you mean adjacent or do you mean abutting? MS. F ABACHER: Catherine Fabacher for the record. I think the way the code is not too clear on those definitions, but the way I'm kind of interpreting it that adjacent could be abutting. CHAIRMAN STRAIN: Oh, I thought that we cleared that up through this LDC cycle or we were trying to. MS. FABACHER: Well, we tried to do that at the same time we tried to do the lot width and that all got pulled because we never could come up with satisfactory product. CHAIRMAN STRAIN: Okay. I thought I had read it. And I thought that was something we were clarifying. That's why Michael Sawyer -- Michael Sawyer was here. We focused on the use of the right words. And he agreed that his adjacent needed to be abutting because that's what he was intending. And I'm simply trying to find out that you through the word "contiguous" meant the same thing as one of those words. MS. F ABACHER: See, I think you're exactly right. Abutting would be a better choice. CHAIRMAN STRAIN: Okay. I think you ought to look at that when you come back with this for a second reading. MS. F ABACHER: Thank you. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLA T: Yeah. I think the triggering device for this particular sentence was the LaPlaya issue that we looked at -- the LaPlaya maintenance yard sometime ago. And in there a final decision was to go along with vegetation and not have a concrete wall. CHAIRMAN STRAIN: That's a good point. COMMISSIONER KOLFLA T: And now why are we coming back and saying we want a concrete wall ? CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Yes. I have a different recollection although I certainly respect your recollection. I thought what was -- was being offered that the persons wanted to have more in the way of landscaping and didn't want a wall. And that the owner was happy to provide an opaque vegetation wall as it were. That was my recollection of that event. COMMISSIONER KOLFLAT: But this says, "shall have a walL" It does not say may have a wall -- concrete wall. COMMISSIONER MURRA Y: I understand that, but I'm just referring to your recollection of the -- that event. And I think that I was just trying to add to your -- to your recollection. That was all. COMMISSIONER KOLFLA T: Well, and the other comment I have on the end of that sentence, it says, "or a fence." And we had quite a bit of discussion on the inadvisability of a chain link to be Page 1 08 !,~ 6 I lC5 August 3, 2006 considered in a case like that. COMMISSIONER MURRAY: There, again, if I may respond to you. The fence we had qualified at that time, there would be no chain link. But the fence we said was a prefab concrete, a form that looks like an interwoven thing. CHAIRMAN STRAIN: But I think what Mr. Kolflat's saying is the way this is written it simply says "or fence." COMMISSIONER MURRAY: But it should be -- CHAIRMAN STRAIN: Bob. And if it says "or fence" the way it is, the fact that we could do that in the last issue was because they had to come before us. Other people who are reading this may not be coming before us so they would have the option to do more fence. Go ahead. COMMISSIONER MURRAY: If I may respond. Except that remember Carolina Bolera being very clear that fence now is described as not being chain link and so forth. And I thought that by the intent here it looked as though they were very clear either a true wall or a fence. Is that what the intent was? That would be my understanding. MS. F ABACHER: I don't -- Catherine Fabacher for the record. I don't recall Carolina's discussion. I didn't hear it. But I do know that they do review mostly commercial products. I wouldn't want to prohibit a chain link fence in a residential possibly area, but whatever is your direction on this. I mean, we don't prohibit homeowners from putting chain link fences around their yards. CHAIRMAN STRAIN: Good point. I don't know if there's any concern there at that point. / COMMISSIONER MURRAY: Yeah. I-- MS. F ABACHER: We can -- we can try and come back and look at that and bring you some more. CHAIRMAN STRAIN: Okay. Any other issues on this one? COMMISSIONER MURRAY: I just want to finish by saying that I'm a little confused now because while I respect what you've said and I understand what you said and perhaps out in the estates and , so forth, but I do know that quite clear in my other civic activities that the idea of a fence, especially chain link, was not desired in the East Naples, South Naples communities. In an industrial application it may be fine. We have no objection. So I was told that no fence now means that it was a cast or whatever prefabbed concrete fence that was now defined. So I just wanted for -- for my understanding. Now, I'm confused because we can look at the word "fence" and see two different meanings now so... CHAIRMAN STRAIN: Catherine, when I read this I saw there was no bolded words in the sentence. If fence is defined, would you just simply provide us with a definition for our next reading of this so I can get to the bottom line? MS. F ABACHER: Certainly. CHAIRMAN STRAIN: Thank you. Mr. Schiffer. COMMISSIONER SCHIFFER: This is my question on that. Catherine, is it -- is there three things here, a masonry wall, a prefabricated concrete wall and a fence? Are those the three things or is it two things? MS. F ABACHER: Or -- well, and/or fence that could be -- they could be different kinds of fences. COMMISSIONER SCHIFFER: All right. So, in other words, so I have a choice of a masonry wall MS. F ABACHER: The way this is written. COMMISSIONER SCHIFFER: Prefabricated -- prefabricated concrete or a fence. Okay. MS. F ABACHER: I mean, it's a wall or it's a fence. I mean, I've seen concrete fences prefab. Are you calling those walls, those little panels that slip into -- COMMISSIONER SCHIFFER: That's a fence. Page 109 ~ August 3, 2006 MS. FABACHER: Well, I'll try and get clarification from other staff on this for you for the next meeting. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: And I hope we can have the next meeting on this is, what, the eighth then? MS. F ABACHER: Yes. CHAIRMAN STRAIN: Okay. Anybody else have any questions? Based on the fact that all the rest of the issues we have yet to discuss have to have other people here who are not here, I'm assuming, Catherine, you don't have anymore? MS. FABACHER: No, sir. CHAIRMAN STRAIN: Okay. On the eighth the item that seems to have the most people lined up for is the Bayshore Gateway. Could we start in the morning with that? MS. FABACHER: Yes, sir. CHAIRMAN STRAIN: Could you notify the people-- MS. FABACHER: Yes, I will. CHAIRMAN STRAIN: -- involved so they know? MS. FABACHER: Yes. CHAIRMAN STRAIN: Okay. And with that, we'll continue this meeting until the 8:30 in the morning on August 8th in this room. MS. F ABACHER: Excuse me. CHAIRMAN STRAIN: Yes, ma'am. MS. FABACHER: Excuse me. For the record, Catherine Fabacher. We don't necessarily have to continue it. You can announce another meeting because we have -- Jeffwill correct me if I'm wrong -- we are advertising for the eighth. We have advertised for eighth, but -- CHAIRMAN STRAIN: Just leave it like -- unless we've got to, let's just continue it. If you guys want to advertise, more power to you. MS. F ABACHER: Okay. Because-- CHAIRMAN STRAIN: Thank you. We're done for today. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:00 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY CHERIE NOTTINGHAM AND CAROLYN J. FORD, RPR. Page 110 !6/ lCS TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, August 17,2006 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Tor Kolflat Brad Schiffer Donna Reed Caron Lindy Adelstein Bob Murray Robert Vigliotti Russell Tuff ABSENT: Paul Midney ALSO PRESENT: Ray Bellows, Planning Services JeffKlatzkow, Assistant County Attorney Page 1 August 17, 2006 1 C 5 CHAIRMAN STRAIN: Okay. Good morning, everyone. This is a resumption of a meeting that was continued for the Land Development Code amendment cycle one. I'd like to start the meeting with a rise for the Pledge of Allegiance, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. And it is sure good to see Ms. Caron today. If you could take 161 August 17, 2006 roll. COMMISSIONER CARON: Thank you, I will. It's good to be here. Mr. Kolflat? COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here, yeah. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. COMMISSIONER CARON: Thanks. CHAIRMAN STRAIN: It is a 100 percent attendance today. This is great. COMMISSIONER ADELSTEIN: No, it's not. COMMISSIONER VIGLIOTTI: We're missing one. CHAIRMAN STRAIN: Oh, I'm sorry. I didn't -- Paul hides behind Donna sometimes. I can't see him. I have some housekeeping items that we need to get through here first. The very first item on the agenda for my discussion is what we just received from Ray Bellows. And Ray, I sincerely thank you for doing this so efficiently, and I ask that you, on at least a monthly basis, give any new ones that come up. MR. BELLOWS: That's-- CHAIRMAN STRAIN: So we can keep the book current. MR. BELLOWS: My plan is to have them sent as soon as they're rendered. CHAIRMAN STRAIN: That would be just great, and I'll be asking you periodically. So just -- I mean, ifthere's nothing new, then just say so, but I want to make sure the record's clear as to what we're getting and not getting. MR. BELLOWS: Definitely. CHAIRMAN STRAIN: Now, these books show what the Planning Commission members need to know. These are official interpretations rendered by the zoning department over at the county in response to citizens' requests or landowner requests for clarification of the code. The reason that it's important for us to review these -- and they go back some years. In years past it was my understanding that when these were issued, if it involved a clarification that obviously needed to be clarified through an LDC amendment, staff would eventually, in their amendment cycles, include a Page 2 I IG5 August 17, 2006 clarification to that issue. I'm not sure that that's been a consistent process. And the intention ofthese is for this board not only to know what needs to come up in a possible Land Development Code amendment so that we don't have to worry about interpretations, but also for us to review them and see how other people are interpreting our intent. And if it's inconsistent with our intent, then maybe that needs to be discussed at this board, because we are one of the boards that does recommend changes to the Land Development Code. So these are going to be very important. I'm going to hope that the members read these. And the older ones, we just have to assume, unless anybody knows from code review that they haven't been implemented into changes, but the newer ones especially, if there's anything there that any member of this board wants to discuss, wants to talk about or feels needs to be implemented in a change in code, then we need to bring it up. And we need to be more proactive in the way things come out with the code that we're dealing with here today. That's the first issue. COMMISSIONER SCHIFFER: Mark, can I talk? CHAIRMAN STRAIN: Yes, sir. Go ahead. COMMISSIONER SCHIFFER: The concern that I also have is I'd like to see, Ray, could these be somewhat posted on the web site? Ideally if we could have a hyperlink from the section of code that they interpret, it would be wise. Because here's the concern is, the people who are using the code should be, you know, privy to any kind of decision that was made on interpretation of it. MR. BELLOWS: Yeah. The county's in the process of revising and improving the website, and that has been a recommendation. I'll discuss it more with Susan Murray Istenes, but we'll make every effort to get it on the web. CHAIRMAN STRAIN: Well, now that it is documented -- now that we have it in book format, it might be real simple to at least PDF the book and put it -- and post it somewhere. MR. BELLOWS: Definitely. CHAIRMAN STRAIN: Hyperlinks maybe more complicated, but one step at a time we could get somewhere. COMMISSIONER SCHIFFER: Or just an index. Now, the concern is, some of these may be old and some ofthese may be irrelevant now, you know, because the code has changed to fix it. But I think if somebody went through it -- and when these happen, maybe you have an index with a section of code so anybody who's reading the code can go to that index, see if there's ever been an interpretation, and then read the interpretation. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Ray, again, thank you very much. It's going to be a big help to us. We certainly appreciate you putting that together for us. MR. BELLOWS: You're welcome. CHAIRMAN STRAIN: So another issue I want to talk about is today's meeting. We have five issues to discuss today, and I will fill you in on what those are and then tell you the order that we intend to get into them based on who's present in the meeting today. This is not the order in which we're going to hear them, but I'll just give you the five issues so you know what we're talking about. One of the issues today will be the acronym and abbreviation issue that we've -- that Mr. Kolflat has -- has parted some -- or supplied some data on. The other issue's going to be the Bayshore/Gateway overlay. Another one will be the Copeland overlay. Another one will be activity center number 9 issues, and Mr. Pickworth is here for that. And the last one, not necessarily last one today, but the last one on the current list is the coloring-- Page 3 161 Ie 1 August 17, 2006 the color issue. Now, there was another one that these members were told about involving transportation and setback issues. That's been withdrawn. That will not be heard today nor will it be heard this cycle. So as far as the order in which those five remaining items are heard today, the first one will be the activity center number nine, and Mr. Pickworth is here for that, and the second one will be Bayshore/Gateway, and that will be two ofthe -- two or three people are here for that. And then after that I'd like to go into whatever the public is here for. Although, I'm looking at the public that's out there, and we just may go right into the abbreviations, the Copeland, and finally the color issue. We'll hold the color issue off till last because one of the citizens involved in writing that issue may be here about midmorning. I'm not sure we need to ask any questions of him. But if he's here at the time we hear it, then that just makes it more convenient. So the other issue we need to get into before we start the meeting is comprehensive planning wants to talk to us about some availability dates for this board for the future. And with that, I'll ask Corby to talk to us about that. MR. SCHMIDT: Thank you, Mr. Chairman. Corby Schmidt, for the record, principal planner with the comprehensive planning department. I've got a few handouts I'd like to provide to you in a moment. CHAIRMAN STRAIN: I got mine, thank you. MR. SCHMIDT: What you see before you is suggestions for dates for upcoming meetings to consider EAR-based amendments, the AUIR, capital improvements elements for certain projects, and 2005 cycle Growth Management Plan amendments. I believe last time I was before you you had already set some dates. CHAIRMAN STRAIN: Yes. MR. SCHMIDT: We're asking you to change those dates. You see here on the sheet in front of you October 11 th and October 12th to consider those EAR-based amendments. CHAIRMAN STRAIN: If I'm not mistaken, Corby, the last time we suggested the 12th and the 26th, but the 26th is not a day that is available for this room; is that what it boils down to? MR. SCHMIDT: It does. CHAIRMAN STRAIN: And the 11 th and 12th would be a Wednesday and Thursday. It would be in between our 5th and 19th regular meeting in October. These are the -- these are the responses to the ORC report from DCA in regards to the EAR-based amendments; is that right? I see Randy nodding his head yes. MR. SCHMIDT: It is. CHAIRMAN STRAIN: Okay. How does 11 th and 12th work with the board members? MR. MURRAY: Eleventh, good for me. The 12th is not good. CHAIRMAN STRAIN: How many -- who can't be here on the 11 th? COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: One. Who can't be here on the 12th? COMMISSIONER MURRAY: (Raises hand.) CHAIRMAN STRAIN: One. Both days are okay. MR. SCHMIDT: All right. The second grouping, your shared meeting with the Productivity Committee. Three dates given to you there, November 20,29 and 30. CHAIRMAN STRAIN: Now, if I'm not mistaken, Corby, there's 15 people on the Productivity Committee, and there's nine people -- if I'm not mistaken about us, there's nine on ours. That's 24 people to discuss the AUIR, which last time for this panel took several days with nine of us. You've allocated three days for 24 people. I think we might get through the first element in three Page 4 lbu 1~5 August 17, 2006 , days with 24 people if everybody wants to talk on it, and I would imagine a lot of people will, Has anybody suggested or thought of maybe letting the Productivity Committee hearing it on their own and us hearing it on our own and come back at the -- some date in the future that's a deadline date with the best we can do by that time instead of having a combined meeting, trying to operate with 24 people in the same meeting? MR. SCHMIDT: Just a moment. MR. COHEN: Mr. Chairman, for the record, Randy Cohen, comprehensive planning department director. If you recall back during the last AUIR process, the direction from the Board of County Commissioners was to have a joint special meeting between your body and the Productivity Committee. As a result, we've taken that direction and we've set up a joint meeting, obviously, between the CCPC and the Productivity Committee, knowing obviously that this room is extremely difficult to hold 24 people, but at the same time, in talking with the County Manager's Office, my understanding is that they can set this room up and set it up to accommodate 24 people with -- while sharing microphones at the same time. So it's going to be a little difficult, but it can be done. We realize that with the two bodies together, it's going to take quite some time, that's why you see the separation between the adoption date of the AUIR and January by the Board of County Commissioners and your particular special meeting dates that are set forth right there, because we anticipated, potentially, that there was going to be some necessity to adjourn this particular type of meeting to another location possibly in December and the beginning part of January so we'd have some flex time built into the process. And, again, that's because we're taking the direction from the Board of County Commissioners that you meet jointly, and that's the rationale behind it. CHAIRMAN STRAIN: Well, there's two things maybe that -- and I'll certainly defer to any board member who has a comment. First of all, any meeting that's ofthat size with that many people is going to be very cumbersome to be effectively productive. I don't know what would be wrong with both groups reviewing this independently and coming back with recommendations to the BCC. They'll get the same recommendations even if they review it jointly. The problem is, reviewing jointly is going to be much more difficult to get through the process. Likewise, as far as the locations go, on an issue like this with a room that needs to accommodate, if it has to be a collective body, why don't we just do it over in room 610 over in the developmental services building with staff that's usually already there, and you've got a table layout that can accommodate everybody pretty easily without having to bring additional costs in to rework this room. MR. COHEN: We understand the concern about meeting, you know, jointly and it being somewhat cumbersome. You know, from our standpoint as a department and as a division, obviously the board provided us with the direction that we're following and set that policy. For whatever reason, they decided to do that. They did that as part of the AUIR. The rationale behind doing it in this particular room was to afford as much due process and public participation to people that could not attend this particular meeting because we could televise it from this particular location, and that's why we chose to recommend that we have the meeting in this particular -- in this particular forum. We understand also that if the meetings do go on and the boardroom is not available, which in many instances it's not, that adjourning to room 610 over in CDES is an option, and we'd probably recommend that we do so for subsequent meetings because what would transpire is, after we have the meetings here, the general public would be aware that we are adjourning to that location, then they would have some notice as well. Page 5 ~ 161 1 C :J August 17, 2006 CHAIRMAN STRAIN: Randy, first of all, I think the accessibility ofthe public is better at developmental services in some regards from the parking lot in this place. As far as accommodating the television, we've had plenty of meetings over there, and each time it's been broadcast and it's never been a problem. And I know Mr. Adelstein had a comment, and then I'll see who else does, and then ifnone other, I've got a couple of suggestions. Go ahead, Mr. Adelstein. COMMISSIONER ADELSTEIN: What would be wrong if we did ours, two times, us, and they did theirs, and then after we've done that, come to a third meeting when we now can talk about where we are? If you've all got to talk in one situation, we're going to be sitting in this thing going back and forth. It would be very simple for them to handle the meeting -- the first meeting and us handle our separate first meeting, and the same thing with the second meeting, and then at the third meeting we can all go together and say, well, here's what we've come up with and probably come up with a better answer faster than we did if we sat down together and tried to do it. MR. COHEN: Commissioner, that was vetted before the Board of County Commissioners as an option, and they decided as a collective group for you to meet jointly. I don't know what more I can say beyond that. I mean, that decision lies with them and -- you know, in terms of how they wanted that to transpire, and that was the direction that we received from them. CHAIRMAN STRAIN: Well, I watched the meeting in which this was taking place, and I didn't see anybody come up and say, by the way, if you really want both groups to do it, do you realize there's 24 people going to be in that meeting, and we have issues on how to accommodate that many people in the meeting and it could get awkward with that size. I think had those expressions been made to the BCC, especially when they've responded positively to other such common sense concerns, they'd find a way to correct it. I watched the meeting. Nothing like that was produced. Nothing like that was said to them. And I'm suggesting that -- two things. If it has to be a collective meeting like that, maybe staff ought to go back to the BCC and suggest, as a result of this group's input, we look at holding the meeting over in development services to accommodate a more uniform way of having 24 people in the same room at less cost to the staff and the taxpayers of having to re-set up and take down this room each time. And secondly, in lieu of having a joint meeting, allow us to have separate meetings with a joint recommendation, like a summary recommendation to go to the BCC so that we don't have to deal with 24 people trying to make comments on every single page of that document. MR. COHEN: In addressing your first question, the board didn't mandate that that -- that the meetings take place here, so they can go to room 610 over in CDES. So if it's this board's collective decision to do that, we can accommodate that. With respect to the second item, we could take that to the board in terms of an executive summary and ask them to do just that. CHAIRMAN STRAIN: Has everything got to be -- can't anybody have just a discussion? I mean, why do you -- this executive summary, can't someone during a discussion period with the BCC simply say, an issue's come up, this board totals 24 people, it may be cumbersome to get through a meeting effectively on the AUIR with 24 people trying to comment on every page. COMMISSIONER ADELSTEIN: God, yes. CHAIRMAN STRAIN: It was a suggestion by the CCPC that we have separate meetings with each group with a precise one report coming to you guys after both meetings are had. Does that have to go into some kind of formal executive summary? Why can't someone just have that discussion with the board? Page 6 161 Ie August 17, 2006 MR. COHEN: Well, typically most of our items go to the BCC with an executive summary. It doesn't have to be anything elaborate, and then it's scheduled, you know, under either the county manager's report or some type of separate action item. But that's typically what transpires. CHAIRMAN STRAIN: Well, does anybody on the planning commission have any comments or thoughts on this? Does my suggestion sit well with the rest of the planning commission? COMMISSIONER MURRAY: Yeah. If!-- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: I agree. We would be -- if we thought the last process was long, this one would seem interminable. COMMISSIONER ADELSTEIN: Oh, yes. COMMISSIONER MURRAY: And I like Mr. -- I like Commissioner Adelstein's suggestion because I think it accomplishes both duties. Ifthe BCC wants us to meet collectively, okay. That could be a summary meeting. It, too, would probably be long, but still. Working independently as the bodies, we would attack the issues from the points of reference that we perceive, and then joining together, perhaps, for the one meeting or, perhaps, two -- COMMISSIONER ADELSTEIN: At the most. COMMISSIONER MURRAY: -- to conclude it. We would, I think, honor what the intent ofthe BCC was, and I would advocate that. Absent that, I don't disagree with the chairman, the two of us can bring forward our own recommendations, but that's obviously not what the BCC wanted. So maybe we can make this work. CHAIRMAN STRAIN: Before you say it's not what they wanted-- COMMISSIONER CARON: No CHAIRMAN STRAIN: -- that wasn't provided as an option to them in the way this came down. I watched the meeting. So I'm not sure they don't want that. I just know that the way it was tossed together at the meeting that they never really got into the discussion after the comment was made, well, why don't they have the CCPC review it, too. Oh, that's a good idea, and that's kind of where it was left. So-- COMMISSIONER MURRAY: That was just-- CHAIRMAN STRAIN: -- they didn't get into any depth of discussion of what they liked or disliked. It was just not discussed much further after that. COMMISSIONER MURRAY: That's true. MR. COHEN: And Commissioner, I actually wasn't going to disagree with you. I was actually going to agree with Commissioner Murray that I think the intent of the board would be met if you did meet possibly separately and come up and vet it that way and then have a joint meeting to get some commonality with respect to the issues. COMMISSIONER ADELSTEIN: That would work a lot better than this. CHAIRMAN STRAIN: And if staff has the latitude to open up the room over in developmental services for this -- for that hearing issue, for the EAR-based amendments -- or the AUIR, I'm sorry -- if we held those over there, your problems with scheduling just about disappear. MR. COHEN: Yeah. And what I would like to do is, that being said, if we're going to do the separate meetings and then meet collectively, what we can do is schedule these particular three dates that we set up for you to actually meet here and vet your issues in this particular facility, and then, you know, get with the productivity committee and set up separate dates with them, then find a combination date for this group collectively with them as well. CHAIRMAN STRAIN: I think that would work well. I'd like to -- if you wouldn't mind moving Page 7 1,61 ',"'l ~ '",) = r:) August 17, 2006 forward with that. Do those dates work for everybody in this room? Well, let's do them quickly. Does anybody not work -- let's start with the 20th. Everybody -- who cannot make the 20th for sure? COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: Mr. Tuff? Who cannot make the 29th? COMMISSIONER SCHIFFER: Well, Mark, one thing is, I don't have my calendar for next year. COMMISSIONER ADELSTEIN: I don't either. COMMISSIONER MURRA Y: There's one right underneath you. COMMISSIONER SCHIFFER: No, no, but my personal calendar. CHAIRMAN STRAIN: This is November. COMMISSIONER ADELSTEIN: This is not -- my calendar is not-- COMMISSIONER SCHIFFER: Yeah. CHAIRMAN STRAIN: That's not next year, okay. COMMISSIONER SCHIFFER: Well, some ofthem are next year. The point is, can we -- I mean, first of all, something like this would be excellent to handle over the email so we could all have our personal calendars. CHAIRMAN STRAIN: Let's go through the --let's go through discussing the dates, and then you can respond to Corby -- Corby, could you send these out by email to each one of us requesting that we respond to the dates? And the only thing I ask is to make sure you have acknowledgement of a quorum at each date in order to move forward. MR. SCHMIDT: Commissioners, we can. CHAIRMAN STRAIN: Okay. Does that work, Brad? COMMISSIONER SCHIFFER: I think so, because I have some meetings that I don't know when they are. CHAIRMAN STRAIN: What I wanted to do was at least get it on the table that -- these dates conceptually for us. So the 20th and 29th and the 30th, please consider those in November for the AUIR. As far as the CIE capital projects, which is shown on here as February 5th and 6th, that is between our meetings, which is something we've tried to do. Our first -- well, maybe not. I'm looking at March. Yes, it is. The first meeting in February for us is the 1 st, and our regular meeting -- 1 st and 15th are our regular meetings. So 5 and 6 would be in between. That's something we've asked staff to do in the future. COMMISSIONER ADELSTEIN: What day is 5? CHAIRMAN STRAIN: Five is Monday; 6 is Tuesday. And then what I'll do is just walk through this to make sure the dates are conceptually where we like them, and then when Corby sends us an email, you can each look at your schedules and respond to them at that point. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Mark, also Randy's going to add one more day where we do meet jointly? CHAIRMAN STRAIN: Yes. We'll do that by email. MR. SCHMIDT: Yes. COMMISSIONER VIGLIOTTI: Okay. Just put that in there also, please. CHAIRMAN STRAIN: And then February 19th and 20th, which is, again, after our last meeting in February and before the fIrst one in March, so we've got another in-between date. So with those conceptual dates locked in or lined up, maybe everybody could take a look at their schedules with email and respond accordingly. And all Corby needs to know, at least five of us are going to be there. COMMISSIONER ADELSTEIN: Yep. Page 8 . .~ , ;,,\ ,1. G August 17, 2006 CHAIRMAN STRAIN: Okay. Thank you. Corby, does that get you where you need to go? MR. SCHMIDT: It does. CHAIRMAN STRAIN: Great. MR. SCHMIDT: Thank you. CHAIRMAN STRAIN: Appreciate it. Thank you very much. CHAIRMAN STRAIN: And now, as far as today's schedule goes, I see Mr. DeRuntz is here today. I'm assuming it's for the Copeland issue? It is. And what we'll try to do is, we'll start out right now with the activity center number nine, then Bayshore/Gateway, then Copeland, and then the abbreviations and then color. COMMISSIONER SCHIFFER: Mark, point of order. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: Shouldn't we first adjourn the regular meeting? I know we had nothing on the agenda, but we did -- CHAIRMAN STRAIN: We haven't opened it yet. COMMISSIONER SCHIFFER: In other words, the advertised meeting for today? CHAIRMAN STRAIN: Wasn't until 5:05, and it was cancelled. COMMISSIONER SCHIFFER: Okay. Never mind. CHAIRMAN STRAIN: Yeah. This is a continuation meeting of the LDC, is that-- COMMISSIONER SCHIFFER: Okay. So that meeting was totally cancelled then, okay. CHAIRMAN STRAIN: Yes. Mr. Pickworth, are you making the presentation on activity center number nine? MR. PICKWORTH: Yes, sir. I don't know if Mrs. Fabacher wants to make any introductory comments, otherwise, 1'11 certainly -- CHAIRMAN STRAIN: Well, this is on page -- starting on page 119 for the commission, and it goes to page 120, so it's a one-page issue. Mr. Pickworth has been very patient coming back here many times. I'm sure your client has been very patient too, so -- MR. PICKWORTH: Yes, sir. Good morning, Mr. Chairman, members of the planning commission. My name is Don Pickworth. My client is the owner of the City Gate PUD/DRI project that, as you know, is on the east side of951 just north of the White Lake Industrial Park. And we are in activity center number nine. The background here is, what we're asking for, as you can see by the proposal, is to allow clock towers as a permitted use within the activity center. And many of you, I know, were here and involved in various of these public affairs back around between mid '90s and 2000 when this started, but I'll just kind of capsulize it for you. As you may recall back, I believe it was around '96, we used to have our activity center -- well, we still have our activity center concept. The activity center number nine, which is that intersection out there at 951175/Davis Boulevard, was originally much more restricted in its area than it is today. And back then, the proposal came in to expand the size of the activity center to incorporate some additional areas within it, particularly the areas on the west side of 951 where I believe there's some proposed big box type of commercial developments planning to go right now. And the amendment to the compo plan said that the county would develop an interchange master plan so that this would be a, quote, Gateway to Naples. And so the idea was that they would expand the activity center, but at the same time, we would put some regulations into effect that would give it an identity, give an enhanced look over what the normal requirements were. Page 9 161 :"""'-t,. ,. ..- August 17, 2006 So subsequent to that, the county went through a master planning process, and I was involved then. I was representing another property owner, and so I went to all the -- they had a series of meetings on this out at development services with various stakeholders. And most ofthe discussion at that time really centered simply around the architectural aspects of it, i.e., trying to -- I don't know iflimit's the word. What they want to do is get a handle on the various types of architecture that would be in the activity center when the buildings developed. So that was, to my recollection, probably 95 percent of the discussion that took place because there was a lot of concern about that. And they ended up with a plan to have -- you know, require certain architectural themes and elements. You got to choose between a few different themes and you had to carry that through within your development, and that's where that basically ended up. And we have regulations in the LDC and have had for some time which cover that. I guess what we're proposing is simply a further -- in furtherance of that same thing because there's obviously more to creating a, quote, gateway to Naples, more to creating identity of an area than simply architecture. And so we are suggesting and desirous of seeing the ability for a clock tower to be in there. I mean, my client has plans to do something that's pretty tasteful and nice out there. Interestingly enough -- and I only have one of these, but, here, I'll pass this down. MS. F ABACHER: I believe they have it. MR. PICKWORTH: They have it. CHAIRMAN STRAIN: It's the picture from WilsonMiller, yes, it was included in the packet. MR. PICKWORTH: Okay. I didn't realized it was. You can see that even the original -- and this -- even though it says second draft on it, that's the one that ended up being adopted by the county, and it does show a clock tower. So I guess what we're asking is that the LDC be amended to allow this. I think we still have some discussion that we'd like to do with staff on some of the particulars here that -- we think it can be improved some, but, you know, that's something that we can discuss with staff in the coming -- in the coming days. I think probably for our purposes today, we'd like to get your input and whether or not the idea of having something like this in there is acceptable. CHAIRMAN STRAIN: Isn't this part of a settlement agreement requirement? MR. PICKWORTH: Well, the settlement agreement only requires that the county process and consider it. I mean, we didn't try in the settlement agreement to get the county to agree to it. We -- our -- I mean, we think it stands on its own regardless ofthe settlement agreement. We think it's a good idea, and all we asked the county in the settlement agreement to do is to consider this. CHAIRMAN STRAIN: I'm not saying it's a bad idea. MR. PICKWORTH: Right. CHAIRMAN STRAIN: I personally didn't have any questions on it. MR. PICKWORTH: Yeah. The settlement agreement only said that the county would process it and consider it. CHAIRMAN STRAIN: Well, sometimes when people make presentations, they end up generating more questions than they would have had if they didn't make a presentation. And the reason I'm bringing this up is under the reason that staff put forth, it says, this LDC amendment change is stipulated as part of the settlement agreement between the City Gate LLC and Collier County. Is it stipulated? MR. PICKWORTH: No, sir, no, no. I'd -- I-- CHAIRMAN STRAIN: How did we get the wrong information then? MR. PICKWORTH: I don't know. I didn't -- no. We have never -- I mean, we -- in fact, even Page 10 4 1[;5 August 17, 2006 though he's now in private practice, Mr. White was involved very much in the discussion of this back then. But no, we -- I mean, we're not trying to overreach. For one thing, I don't think it would be legal for the county to make an agreement, a contract to amend its legislation. We couldn't do that anyway. And we never asked the county to do that. We simply asked the county to consider it. CHAIRMAN STRAIN: The word stipulation is not yours then? MR. PICKWORTH: No, sir. CHAIRMAN STRAIN: Okay. That's all I was trying to find out. Now, with that being said, Mr. Adelstein? COMMISSIONER ADELSTEIN: I don't see why we can't say, make a motion to state that a freestanding tower be added and agreed to. CHAIRMAN STRAIN: That's what the amendment does. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: Yeah. That's what -- it's right there. Mr. -- I knew you'd have a question, Brad. COMMISSIONER SCHIFFER: One thing -- and obviously we're looking at paragraph 3. 3-A, could we word that -- because we have a term called actual height that is measured from the crown of the road. So if we could use our definition rather than make one. MR. PICKWORTH: Sure. COMMISSIONER SCHIFFER: Is -- the clock tower shall not exceed an actual height of35 feet. And then I don't mind the next line just to clarify that it's measured close to the tower because our definition would be the perimeter of the whole project. MR. PICKWORTH: Sure. I'll defer to staff on that, whatever definition that normally is your working definitions. COMMISSIONER SCHIFFER: The other one would be C, is you used the word clock faces. The concern I have is, we don't want a digital clock up there. So we don't want someone to build a tower and put electronic numbers up there. So you think that -- you think that locks us in by using, in C, the clock tower shall have clock faces and nobody would confuse that with a digital sign with the time on it? MR. PICKWORTH: Yeah. CHAIRMAN STRAIN: Why don't we just put no digital clocks will be allowed? MR. PICKWORTH: Sure, that's fine. I mean, our intention is not to put a digital clock. COMMISSIONER SCHIFFER: It's not you I'm worried about. And then why did you limit yourself to two sides rather than four sides? MR. PICKWORTH: Well, we were going to have four sides. I think -- I've talked to Ms. Fabacher. I think they're okay with four sides now. I think what we submitted said four sides and it got changed to two, and I think we're going back to four. COMMISSIONER SCHIFFER: Then C will be, the clock tower shall have clock faces. Why don't we just cross out, in case somebody made a pretty octagon tower with eight sides? You want to limit it to four, okay? UNIDENTIFIED SPEAKER: Change it to four. CHAIRMAN STRAIN: Why don't we do 16? Mr. Klatzkow, did you have a comment that needed to be interjected? MR. KLA TZKOW: Yeah. Just a point of clarification. The paragraph 3 starts with freestanding clock towers, plural. My assumption is we only want one clock tower here. I just want to make sure the board agrees with that before we change this. CHAIRMAN STRAIN: Mr. Pickworth, did you have any intentions of doing more than one? MR. PICKWORTH: No, sir, no. Page 11 'l61 Ie 1""" :> August 17, 2006 CHAIRMAN STRAIN: Okay. Then we can do -- we can unpluralize the word tower. Thank you, Mr. Klatzkow. MR. PICKWORTH: No. We think the proliferation would, again, go the opposite. We don't want that. I mean, I think we'll -- in that whole activity center, one or two tasteful placements within it would work. You get a whole lot of them and I think you've got, you know -- CHAIRMAN STRAIN: Mr. Schiffer, I'm sorry to have interrupted you. I know how relevant Mr. Klatzkow's issue was to what you were saying. COMMISSIONER SCHIFFER: Well -- and also, that kind of confuses me. So in other words, there's only going to be one tower in the whole activity center, or does other developers have the ability to put towers? MR. PICKWORTH: Well, I think the way it's written now, other developers within the activity center would have the ability to do it. And I'd -- you know, I think that that -- but I think within a development -- because most of the individual developments out there are fairly large. If each development out there is limited to one within its boundaries, then you're -- you know, you're not going to get very many because you only have a small number of properties then which would even be eligible, so -- COMMISSIONER SCHIFFER: So in other words, the plurality of that really refers to the whole district, not his particular parcel. So if we wanted to limit it to one, I think keep that plural, and then somewhere in -- COMMISSIONER CARON: State that. COMMISSIONER SCHIFFER: -- you know, add an E or something that states only one clock tower per project. MR. PICKWORTH: Sure. CHAIRMAN STRAIN: Usually it's -- those activity centers are in quadrants on each corner, so maybe it's per quadrant or per corner. And between now and the time of the second reading, maybe you and staff could work out the proper language to make sure that we -- MR. PICKWORTH: Yeah. We had some language that we had submitted. It kind of got lost in the translation. We can go back to that, because we had considered that. This activity center isn't a perfect quadrant thing like some of the others. So -- but yeah, we can come up with something that will work. CHAIRMAN STRAIN: Okay. Mr. Schiffer, anything else? COMMISSIONER SCHIFFER: I'm done. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: It just occurred to me we don't have a little Switzerland there. That wouldn't be the greatest. But is this one of those where, I know it's not subject to the underline. But is this one of those where abutting is more appropriate than adjacent? CHAIRMAN STRAIN: Where are you finding adjacent? COMMISSIONER MURRAY: Under D, landscape buffers adjacent, or is it abutting? CHAIRMAN STRAIN: Oh, you're in the -- okay. I didn't -- I wasn't even looking at that. COMMISSIONER MURRAY: No, you wouldn't have been. But is that one of those where it's appropriate? CHAIRMAN STRAIN: I guess it would depend on what the elements after D that aren't on this sheet would say. I mean, I'm not sure it's relevant -- COMMISSIONER MURRAY: Okay. Yes, the absence of that makes it impossible to know. Yes. Thank you. Okay. That was my only comment. CHAIRMAN STRAIN: Anything else? (No response.) Page 12 ,4 if 1.,'; ,"" , L August 17, 2006 CHAIRMAN STRAIN: Okay. I think we've provided enough direction for the second hearing. Thank you, Mr. Pickworth. MR. PICKWORTH: Thank you. CHAIRMAN STRAIN: And now we get to hear from Mr. White from the dark side. Mr. Jackson? Whoever's going to be representing the CRA advisory board on this matter involving the changes to the Bayshore/Gateway area. MS. F ABACHER: Excuse me, Mr. Chair? CHAIRMAN STRAIN: Yes. MS. F ABACHER: Catherine Fabacher, for the record. We have two kind of separate sources of things. Mr. Fernandez and Mr. White are here exclusively for the administrative deviation. While Mr. Jackson may have some input on that, he's here kind of for the housekeeping issues and the two overlays, for clarification. CHAIRMAN STRAIN: Okay. Well, the first thing on -- page 53 is where we start. The very first words say, adding administrative deviation language. So who wants to address that? I mean, if -- it's Mr. White and Mr. Fernandez then, is what you just told me, so I guess maybe Mr. White is the right person to address it at this time? MR. WHITE: If that's your preference, Mr. Chairman, that's fine. Patrick White. I need to provide you with a copy of text that as recently as yesterday afternoon we were able to provide to the staff, and I do have copies here. There's a very small amount of text that we've added based upon comments we've most recently received since your last scheduled meeting, but -- where you didn't have a quorum. So with your permission, I'll hand those out at this time. CHAIRMAN STRAIN: Yes, sir. MR. WHITE: I've already provided them to staff and the court reporter. COMMISSIONER ADELSTEIN: Haven't we met before? MR. WHITE: Yes. CHAIRMAN STRAIN: I've got a copy, thank you. MR. JACKSON: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. JACKSON: May I be recognized and make a comment before Mr. White begins? CHAIRMAN STRAIN: Yes, sir. MR. JACKSON: David Jackson, executive director, Collier County Community Redevelopment Agency. In prelude to what is about to be discussed here, it probably will be very lengthy and a very gnarly and contentious discussion. I believe staffhas gotten to the point that these deviations are to be reflected and applied to -- and correct me ifI'm incorrect, Ms. Fabacher -- to the Bayshore and Gateway overlay districts. These are deviation -- administrative deviation requests are not site specific, they are not project specific, even though there have been people who have alluded to that. I have 1,720 acres of area that has been developed beforehand in many different ways. The codes have changed a lot. Weare trying to redevelop and do urban infill. It doesn't fit the wide opens in the rural fringe and all the other stuff. This is a special case. We need to be able to look at things differently within the redevelopment area boundaries in order to effect mixed-use projects. I have three mixed-use projects current at the preapp. meetings. I have three more that are in the works and will soon be coming to the staff. We need to be able to do urban infill and redevelopment. So we need to look at things differently in the code. This is not a suburban code. Page 13 1 () I Ie August 17, 2006 CHAIRMAN STRAIN: Mr. Jackson, I have-- MR. JACKSON: Ijust wanted -- for you to get that in your mind and to take out any misconceptions or perceptions or whatever conversations people had that's specific to overlay, sir, and it has to do with urban infill projects within those 1,720 acres. CHAIRMAN STRAIN: First of all, your opening statement that this could be a gnarly and contentious discussion, I honestly didn't have anything that I saw that was gnarly or contentious, so maybe I need to look harder based on what you just said. COMMISSIONER CARON: We need to take a break and review this. CHAIRMAN STRAIN: Yeah. I'm a little surprised at your statements, and, secondly, is this something the CRA advisory board, of which I understand you're involved with or director of, is endorsing or not endorsing or have you taken a position on it? MR. JACKSON: They have endorsed it. CHAIRMAN STRAIN: Okay. Thank you. MR. JACKSON: And we will see when we review the tapes on the replay on this weekend and read the notes, you know, of how long the meeting and how long the conversation goes it. CHAIRMAN STRAIN: Yeah. MR. JACKSON: I mean, if you all are onboard with it, then this should be a short meeting. CHAIRMAN STRAIN: Well, I was. I'm not sure now. Do I look closer or not? MR. JACKSON: There's nothing wrong with it, we're just -- CHAIRMAN STRAIN: Okay. Well, thank you. Go ahead, Mr. White. MR. WHITE: Well, thank you. And thank you, Mr. Jackson, I think. Suffice it to say that what we brought forward is our best efforts to attempt to achieve the overall goals and objectives that are stated in the Bayshore mixed-use district and the Gateway Triangle district with respect to a set of regulations that have been developed literally over the past couple of years where I think it's probably safe to say between the staff time that's been invested as well as of the consultant, there's probably something close to a million dollars already invested in a regulatory set of reforms. And what we are bringing forward for you today, as you'll recall, is the, I would say, final work product, but that would be subject to, of course, the gnarly and contentious debate or not that we have today for your consideration as to some rules that are new, in a sense, and not new. Previously this commission has looked at the notion of deviations and administrative deviations, I think, in a balanced way, but they've been concerned about what discretion and authority is afforded the staff. The ones that have been brought forward this year, in fact, do apply to relatively new processes, but they also apply to existing regulations. The Bayshore mixed-use district, the Gateway triangle district regulations, as Mr. Jackson had indicated, are a relatively new set of regulations. It is a new programmatic effort for redevelopment in a very well-defined geographic area. What that means to me is that the scope of applicability of these regulations is relatively small. What the administrative deviations are intended to do is, first, to further the overall goals of the redevelopment regulations themselves. Although the Bayshore mixed-use district rules have been around for quite some time, in their present form they've only been in existence, I'd say, not even a year, and that's why you're just now starting to see active projects. In fact, as recently as last week I was approached and have been retained by a new client where these may become critical aspects of whether or not the actual goals of mixed-use projects are something that will be able to be put into an existing parcel ofland for development, for redevelopment. So what the intent here was was to create a set of rules, administrative deviation process, that will Page 14 161 1 ~(~ ..J .J August 17, 2006 allow for minor adjustments and fit between the new set of rules for redevelopment projects in a very specific area. And when the last, we provided these to you -- although we didn't have an opportunity to discuss them, we did give you all a copy of the yellow or goldemod version. Other members received them by email. I'm assuming that you had an opportunity to look at those, and whatever comments you had we will address today. The only thing that is different in today's handout will be the actual text in red that you'll find at the very end of the document on page 3 at the bottom and a few word changes that were made near the beginning, one ofthe provisions. That first change is one of -- we can go over those initially just so we're all, quote, hopefully speaking from the same page -- talks about the scope of applicability of these regulations. And it takes effect on page 56 of your packets under LDC section 2.03.07, capital letter I, number 5, small letter a. And two changes were made to this. One of them was a structural change and is probably easy to dispense with. You'll note that if you compare to your prior version, the last paragraph there, starting with the word conditions, was moved to the end ofthe provision so that it would flow more smoothly. Similarly, the small letter i was struck so that it reads as one continuous provision and links the words in the BMUD and C all to the first paragraph under a. Turning to the specifics of the new text in red. The intent here was to recognize that although -- the vast majority of any deviation requests that are being anticipated and are coming to light in projects that are moving through the pipeline are the regulations under section 4.02.00; essentially the design requirements for Bayshore mixed-use and for Gateway triangle respectively. The added text is, and other applicable sections of the LDC, because we discovered that in various projects, that are there are other provisions that come up as part of the actual site planning issues. You'll recall that the point in the process where these administrative deviations would be applicable is sometime after the mixed-use project would have a conceptual approval with a conceptual plan presented to the Board of County Commissioners. And so the notion is that although you will not have all of the detail available for the Board of County Commissioners, there would be a pretty good idea of what the scale and scope of the project is. There maybe some indication of what the possible footprints might be. Some of those aspects of very fundamental conceptual site planning would be in evidence. But it is, I think, fair to say that the capital investment in a project at that point would not be such that all of the details of site planning would be worked out, and there may be some other sections of the LDC beyond those of just either the Bayshore or Gateway design standards that might need to be sought for these types of administrative deviations. Turning to the last page at the bottom under what I believe is 5F, 5 being the heading under I for administrative deviations, added a new section F, and I entitled it, just preliminarily for today's discussion purposes, annual assessment. This morning's conversation from the chair's perspective and this commission's awareness now of the existence of staff clarifications and your interest in tracking emerging and existing official interpretations is one that I believe dovetails very seamlessly with what we're proposing in this regulation. In a nutshell, what it's intended to do is make the administrative deviations that are granted something that becomes the topic of an evaluation of the rules themselves, so that in a systematic manner, you're effectively feeding back whatever changes you are asking for in terms of deviations into the actual rule, review and writing process. And I believe that that arguably is the goal of what you were looking to do, and Mr. Schiffer and Commissioner Strain were talking about the idea of having these staff clarifications and official Page 15 I .f) ') August 17, 2006 interpretations themselves essentially reviewed fIrst to make sure that they're applicable to current code, but more so, I think, to ensure that what they're doing is recognizing that ifthere's a need to adjust the fabric of the regulatory process, that that takes place so that what you have is a more responsive and vibrant set of rules that are adapting over time to what not only the community desires in terms of programs like the redevelopments in Bayshore and Gateway CRA, but also throughout other areas in the county and the other scope of regulations to which these official interpretations and staff clarifications may apply. So what we're doing, I believe, is consistent with what you may have begun this morning. I'm wanting to point that out to you because I think that they are, perhaps, a more precise example of where I sense this commission is looking to go in fulfilling its broad scope of responsibilities as kind of the guardians and watchdogs of the Land Development Code. Turning to the specifics of the text, I thought it important to make sure that we followed the prior pattern of mentioning the county manager or designees rather than making it specific to the zoning director. Elsewhere in these provisions the zoning director's referenced. I leave to your discretion which way you want to go on either or both of those designations. But it seems to me that more broadly the code has tried to stay focused on county manager or designee, recognizing that in many instances, the county manager will designate the zoning director to perform those functions. The intent of this regulation is to look at how often deviations are sought in specific provisions of either 4.02 or elsewhere in the LDC, and to look at the scope or scale of those requests, how much of a, quote, deviation is sought quantitatively under a particular rule, and to see if based on either of those parameters, those circumstances, there's a need to adjust the regulations themselves so that they best fit overall with the intent of the Bayshore mixed-use and Gateway Triangle development standards. And although I initially proposed that this would be something that would be reported to the commission on an annual basis, certainly that time frequency is one that could be expanded or contracted as you may think appropriate. A year may seem long at the beginning. Three years from now it may seem too frequent. So I leave to your determination how you may want to adjust that timing. And ultimately, I would envision that what would happen is that the scheduling of when those would occur would be early enough in the LDC amendment cycle process so that you'd be able to take advantage of whatever those assessments and reports had to say. With that stated, I believe there -- those are the most recent changes. The other things that you'd had the opportunity to be presented but not comment on, again, referring back to the yellow or goldemod version of the document, those are appearing here, I believe, in double strike-throughs and in double underlines. So if it helps in our discussion today to talk about specific provisions and their history as they've come forward -- because you'll remember, this is something we've been working on since probably January. It had been sought as part of the last amount -- last amendment cycle but, perhaps, was a little too late in getting on that train. And so we've brought to you now, recognizing that, in fact, there are real projects with real needs to which these can and will be applied, hopefully, and that we will be able to adjust them based upon these most recent set of provisions. And if there are any questions, I'll be happy to answer them if! can. CHAIRMAN STRAIN: What I'd like to do is follow the format that we've previously established and go just page by page, and those commissioners that have questions on each page, we work our way through it. And we'll start with the very first page, page 53. Does anybody have any questions on page 53? (No response.) CHAIRMAN STRAIN: Second page is 54. Anybody have any questions on page 54? COMMISSIONER SCHIFFER: I did. Why was the March 3rd date chosen? Page 16 d !L, 5 August 17, 2006 MR. WHITE: I believe that is, in fact, the actual date that that -- MS. F ABACHER: Effective date. MR. WHITE: -- event took place and the effective date. COMMISSIONER SCHIFFER: Okay. MR. WHITE: It was -- not knowing when it was originally written, what that date would be, because it depends upon when it's actually filed with the secretary of state for most of the regulations as to when they become effective. And you can predict that there will be a date, but not just know what it is until later. CHAIRMAN STRAIN: Any questions on page 55? COMMISSIONER MURRAY: I have. The map. CHAIRMAN STRAIN: Yes, Mr. Murray? COMMISSIONER MURRAY: Just curious. We have MH on there, and I'm not sure -- since the legend has a number of items addressed, I just wondered what MH represents. Shouldn't it be on there? Mobile home is what I suspect. Should that be -- since it's listed here in parenthetical in a number of cases. MS. F ABACHER: Excuse me. Catherine Fabacher, for the record. I think the legend applies to the subdistricts that we've created. It does not give you a legend for the underlying zoning districts. So MH is an underlying zoning, as you would a real zoning district, as opposed to these subdistricts. I think the legend indicates what the subdistricts mean. So if you're to deal with the underlying zoning, then you would need to go to that section of the code that provides the district nomenclature and identifies what each one means. MR. WHITE: Not the -- CHAIRMAN STRAIN: Is that similar to the -- I mean, it isn't in there either, C-l or C-2 or C-3. Same thing would apply? MS. F ABACHER: Same thing would apply. CHAIRMAN STRAIN: Is that -- COMMISSIONER MURRAY: That's okay, I just thought for purposes -- I don't know who's going to review these documents. I assumed it was the developer or somebody who needs information, and the more clarity we have, the more effective we are in initial stages. That's all I thought, so -- MR. WHITE: May I follow up on that, Mr. Chairman? Thank you. CHAIRMAN STRAIN: Yes, sir. MR. WHITE: Kind of foreshadowing your discussion about acronyms and abbreviations, I'd simply point out that I'm not aware that all of the designations that are set forth on the official zoning atlas are, in fact, included in that list. I don't know if that's something that is desired to do. The initial consideration about it when the LDC was restructured -- and I was on watch with the county then -- was that they were very familiar to many of the practitioners and, in fact, much of the public. So I would leave to your discretion and discussion later about acronyms, some possible consideration of all of those within the scope of that part of the LDC for abbreviation and acronyms. CHAIRMAN STRAIN: Mr. White -- MR. WHITE: Thank you. CHAIRMAN STRAIN: -- MH was in the list of acronyms. In the new list it's crossed out, so have no fear. MR. WHITE: You will discuss it? CHAIRMAN STRAIN: We will be discussing it, yes. MR. WHITE: Okay. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. What has changed on this map from the prior map? Are any Page 17 t, ! -'I r- :> August 17, 2006 "l:i". boundaries changing or -- MS. F ABACHER: Yes, sir. Catherine Fabacher, for the record. You have a smaller version, and I don't know if we can get the bigger versions up there, of the maps I've put on the easel. But there are two parcel changes, per se. One is what used to be called Fisherman's Village or Fisherman's Wharf, the one that -- the parcel that abuts Windstar that is currently in the process of coming in as another project. That was a map change just to correct a parcel. The parcel looks like this, and the zoning map -- this is a zoning map change that -- it's now -- they've bought the other parcels. And based on the project they've brought before us in the land use petition, this appears to be the shape of their parcel. The other one was, I think, a PUD that was missed, and it's on the Bayshore section, and it's small, and there was the -- that was put into the correct parcel shape. Everything else results from the fact that -- there we go, on the monitor. Everything results from the fact that when we received the map from the consultant, he apparently had worked on an old -- an older version since, as you heard earlier, this process has gone on for several years. And so we found, when we finally really scrutinized the thing and started to put it into the zoning atlas, that a lot of the underlying zoning was incorrect or lines were left out to separate or sometimes things were included, so there was a lot of errors. So all the yellow that you see on the maps that are on the display, the visualizer now, all the yellow sections are simply a scrivener's error for incorrect underlying zoning from the original map. CHAIRMAN STRAIN: Okay. MS. F ABACHER: That's what they are. CHAIRMAN STRAIN: Mr. Schiffer, does that respond to your question? COMMISSIONER SCHIFFER: Yeah, I guess so. One thing was said, is that some developer bought more property and you included that. Would that be changing his zoning without going through the proper process? MS. FABACHER: No. It's a PUD and he brought-- COMMISSIONER SCHIFFER: And the boundary was correct in the PUD application, but the map didn't reflect it properly. MS. FABACHER: Exactly, exactly. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Okay. We'll move to page 56. Anybody have any questions on page 56? COMMISSIONER SCHIFFER: Wait a minute. Yes, I do. CHAIRMAN STRAIN: All right. I knew you would, that's why I wasn't moving. COMMISSIONER SCHIFFER: We're back to the zoning director. And isn't our official way, the county manager or his designees? For some reason we went through and purged all references. Is this a case where we keep it or -- MR. WHITE: Certainly, as I'd indicated before, Commissioner Schiffer, that's at your discretion. I believe the intent was many of those county manager or designee statements were ones that it was recognized, the titles of the job functions of the individuals had been previously specified, change over time. And what was intended was that there would be the evolution of an administrative code that would identify specifically who all of those designees were using their then current titles. CHAIRMAN STRAIN: Well, I think where Mr. Schiffer's going, to probably shorten this a little bit, is that we've always held to the county manager and designees. Is there a reason why we couldn't do that here, Ms. Fabacher? MS. F ABACHER: Well, in this specific case, I think that the zoning director would be the one to make the decision. It couldn't be all of a sudden given to the building director. Page 18 i61 Ie 5 i August 17, 2006 CHAIRMAN STRAIN: But isn't she or he a designee of the county manager? MS. F ABACHER: Correct. CHAIRMAN STRAIN: Okay. Then couldn't we say, Mr. Klatzkow, that it would be county manager or designee like we've held consistently in the rest of the code? MR. KLATZKOW: I think that's a good approach. CHAIRMAN STRAIN: Okay. So with that, staff -- maybe staff could make that correction in any references to zoning director, and that would solve Mr. Schiffer's issue, which I think is a good one. COMMISSIONER SCHIFFER: I mean, is there a, quote, zoning director right now? CHAIRMAN STRAIN: Yeah. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Anything else on that page, Brad? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: I have two. Under B(i) and B double i. Under B(i) you say the alternative proposed, based upon the deviation requested from the site design standards required under 4.02.00, would aid in furthering the intent of the mixed-use district. I'm not against the issue. I'm just trying to figure out how someone determines if you're going to aid it or not. MR. WHITE: I believe it starts, Mr. Chairman, with a statement by the proponent of the deviation request of how that would be the case, and certainly it would be dependent upon the facts of each of those types of requests. The thrust of the regulation and the requirement is to demonstrate in a rational manner how you are furthering that intent so that it isn't a process whereby you're avoiding the code, rather you're applying the code in a more consistent way. CHAIRMAN STRAIN: They wouldn't put a deviation request forward without thinking they were going to aid something, right, otherwise -- MR. WHITE: Well, I'm not going to presume for other applicants, but -- CHAIRMAN STRAIN: Well, I don't think you'd put one forward and say, I'm not going to aid anything by doing this. MR. WHITE: Well, it's more intended, I think, as a shield for use by the zoning staff and whoever, you know, ultimately makes these determinations, as we suspect it will be the zoning director, a shield that can be used to ensure that you're going to demonstrate furtherance. CHAIRMAN STRAIN: I think the goal of this commission has been to take as much ambiguity out of the language that staffhas to deal with as possible. So I think I would strongly recommend that between now and the final hearing that somebody define the word aid or clarify this paragraph so there's no ambiguity in regards to that word aid. MR. WHITE: In your opinion, would it assist if it were to say -- and strike the words aiding, and remove the I-N-G from the word further so that the text would read, required under section 4.02 would further the intent? CHAIRMAN STRAIN: I'd have to really defer to staff if they know what furthering the intent of that district would encompass. I mean, what furthers the intent in the minds of a developer and landowner may not be what furthers the intent in the minds of the public. And I'm wondering how staff would weigh that out, so -- MR. SCHMITT: I would -- I would offer the same question. CHAIRMAN STRAIN: And I'm not asking to resolve this here today. I'm saying that's an issue. Why don't you just resolve it and come back to us so that staffs satisfied, you're satisfied, and we've got something going forward. Mr. Fernandez? MR. FERNANDEZ: Michael Fernandez. The -- I believe the intent was to go back and reference Page 19 16J 1 C' August 17, 2006 the CRA master plan and master plan document that sets forth by -- if you're going to grant a deviation, it's furthering the goals of the district by having mixed use or providing the mixture of uses in such a way that it's pedestrian friendly and so forth, and itemize those. And I think in talking to some of the staffmembers, they would feel more comfortable if they had a list saying, well, this is kind of consistent. Kind oflike what we did with the Growth Management Plan, this is consistent with the plan and so forth. Maybe the wording needs to be clarified. It's certainly -- it's something for staff for their staff utilization as opposed to -- you know, certainly a consultant doesn't want to have to go and do additional work. And if it were stricken, that would be wonderful from our standpoint. But I think from staffs standpoint, in our discussions with them, I think that's what they were looking for. CHAIRMAN STRAIN: Okay. Mr. Fernandez, all I'm suggesting is that you and staffwork something out -- MR. FERNANDEZ: Absolutely. CHAIRMAN STRAIN: -- so that staff -- and the last thing I want to see is ambiguous language to a point where staff goes before the BCC and gets criticized for doing something that hasn't got strict criteria that they can abide by and can rely on. We don't -- we don't need that to happen. MR. FERNANDEZ: Very good. CHAIRMAN STRAIN: And my second question on that page is of a similar nature, and it's little double i, the strict application of the requirements of these provisions sought for deviation would hinder development. Well, I can tell you, you probably think everything that is not -- is going to hinder development. So we probably -- that's what our codes are for, is to hinder it in a way that needs to be consistent with our policies. So I don't like that word and I think that's a mistake. And maybe -- unless the other commissioners think I'm wrong, we need to have that word redefined too. MR. FERNANDEZ: I agree with that. COMMISSIONER SCHIFFER: I'm with you, Mark. And keep going, because every one ofthese next sentences really has wording like that to the point where I can't even figure out what it is you have to do to get approved. I mean, these are all nice things to say. CHAIRMAN STRAIN: I was going on to page 57, we continue with number 4, but I haven't gotten to that page yet, so I'm going to stop on page 56 at this point. We'll get -- I agree with you. I have notes on those other pages as well. COMMISSIONER SCHIFFER: I mean, these are all subjective statements to make nice, but, of course. CHAIRMAN STRAIN: Ms. Caron, did you have a comment? COMMISSIONER CARON: Well, yeah. Mr. White, in your presentation, you said that these deviations would be considered minor, but nowhere is minor defined either. MR. WHITE: I think the forming concern, if! can try to characterize it as simply as possible, is about the exercise of discretion and assuring that that exercise is not subjective or too qualitative. What that requires is writing regulations that themselves are intended to somehow be very objective and quantitative. Part of any evaluation for these types of deviations, I believe, has to have some ofthat qualitative and subjective nature to it as a threshold to demonstrate that you're meeting, essentially, the goals and objectives of the regulations, and then to kind of hone in on the specifics of a particular request. So I just want to make sure that we're understanding that it's essentially a two-level type of an analysis from a planning perspective and that there will always be the opportunity, I think, in every regulation that's written, to question it in terms of its qualitative and subjective nature. Page 20 1611 lCS , August 17, 2006 And I would ask you to look at them in their totality to read them all together and to recognize that that's how they're to be applied in anyone analysis for an administrative deviation request so that it isn't just one of these thresholds you have to pass, but all of them, and you have to make sure that you're doing the qualitative and subjective as well as the quantitive and objective. CHAIRMAN STRAIN: Did you get your -- MR. FERNANDEZ: I'm not sure minor's the right word to be utilized because -- in that regard in that, for instance, the code specifically says that all buildings will have to be measured from the -- from the property line, and they have to be within so many feet of the property line. If you have a parcel -- and I'm working on the number of parcels, and I'll give you two examples. One that's 1,200 feet deep. We're going to have buildings to the interior, and those buildings cannot really relate to being within -- all those buildings can't relate to being within 10 or five feet of the property line. So it really doesn't work, and that's a fairly significant change. But, again, it's -- the basis is going to be staffs review relative to a master plan that the Board of County Commissioners have seen. I have another project where it's a very small parcel. It's about a third of an acre. It's 106 feet by 120 feet deep. And in this particular case, there are no less than six utilities that run, and part of their easements, run along the roadway, but within -- also within the property, and physically we can't place the building as close as necessary, and we would require a deviation of a number of feet to get there. So that's where staff can come and look and make a value judgment. I don't know if minor is the right word to characterize some of these, and I don't think that's really an applicable consideration relative to this mixed-use development or mixed-use overlay. We're only talking, for instance, in the Bayshore district of less than 100 acres that this would be applicable to. Most of those projects will be able to come forward and meet the regulations, although they were generally designed for small projects. Larger parcels, for instance, will generally have a problem with that issue of building placement adjacent to property lines. They'll also have a problem relative to the standards for refuge collection and trash dumpsters and so forth, and that's where there are some specifics in the code that we would need deviations from that -- for instance, if you go to 5th Avenue or into a community that has mixed use, you'll see that they have unique ways of handling that refuge collection that would be inconsistent with the standards that are adopted here, that may work for some projects, but certainly not all. So, you know, I understand your concern about the presentation and use of the word minor. COMMISSIONER CARON: But Mr. Fernandez, in all the examples that you cited, these are all things that you know about up front. So you don't really need deviations by staff. Why wouldn't those deviations come out in front of the Planning Commission and the Board of County Commissioners and a neighborhood information meeting so that everybody is well aware of them up front and not after the fact essentially? MR. FERNANDEZ: Well, I think that what you're talking about now is a different type of process. You know, you're talking about either going through a PUD -- although the requirements in the code here say that a PUD has to meet all these same standards, so therefore they don't have an opportunity through that mechanism. So then the only opportunity would be a variance one. This is a small area. It's an overlay. It's a redevelopment district. It affects just a few -- it's going to affect just a small number of projects. The code hasn't been written to address those. In fact, some parcels, like the one I'm speaking of -- and this applies to both mixed use and non-mix use. If they have to apply these standards, they cannot redevelopment their property. They would not be able to. So you need that flexibility. If you're suggesting that there needs to be a more formal and extensive process that takes a year, you're basically going to preclude people from going through or wanting to go through that mixed use. Page 21 161 "ij Iv August 1 7, 2006 You're taking away what the overlay is intended, which is to foster or encourage redevelopment or mixed-use development. CHAIRMAN STRAIN: Boy, I know a judge that would just put you in jail for that. COMMISSIONER ADELSTEIN: I'll be down there in about five minutes. COMMISSIONER KOLFLA T: It's a new phone and I don't know how to work it. COMMISSIONER MURRAY: Good response. CHAIRMAN STRAIN: Throw it against the wall. Did you -- are you finished on that page at least? COMMISSIONER CARON: Yep. CHAIRMAN STRAIN: Let me make a statement that might help. I read all 21 or -2 pages of this. I think conceptually it's a good thing to do because it would help that area get redeveloped, and that's what the goal is. I didn't find a lot of questions about it, but I found a lot of ambiguity in the way staff would have to read it to apply it. My concern was not that it's not warranted. My concern was, you've got to find some way of taking away the bulk ofthe ambiguity, maybe so it should be only limited to the minor issues as it is, but the bigger words that provide language that isn't clear to staff so that they've got to make a judgment call that they could be criticized for later on by somebody in opposition to it, let's say, those things need to be -- have criteria applied to them so that we don't put staff in that position. That's where I think I'm trying to go with this at least. MR. FERNANDEZ: Right. I was just talking to Ray, and we agree that there's a lot of ambiguity, and there should be measurable standards here that can be considered. I agree, and I think we have time to get those worked out. CHAIRMAN STRAIN: That's the theme you're going to see from my line of comments today is -- MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: -- simply that -- what you just said, some criteria that works on ambiguity, and the only ambiguity that's left is for the very, very minor issues, like it is in the code now so that staffs not put on the carpet for a judgment call beyond what is expected. MR. FERNANDEZ: Although, again, for clarity, you know, when you talk about a minor issue, you know, how do you -- that's not one that's readily qualified or quantified in that, for instance, if I need a -- my setback is not going to be from the property line. My building is back 500 feet. That's a 500-foot. Now, relative to the master plan that was reviewed by the Board of County Commissioners, for instance, they may look at it and say, you know, well, the building placement is very minor from what they were talking about, then that would be under -- that would be a minor consideration. CHAIRMAN STRAIN: Well, to go from a setback that says on the property line to 500-foot back, that's a major concern. And if you've got criteria that requires that to happen and it's logical, then you need to figure out what that criteria is, but I mean, just to leave that arbitrary to staff is dangerous, not because of staffs judgment, but because of the criticism that could come from that. MR. FERNANDEZ: Well -- but the standards were written specifically tailored to small parcels of limited depth and dimension. COMMISSIONER ADELSTEIN: We know that. MR. FERNANDEZ: So if you're basically saying then that all those buildings have to be that on a parcel that is much larger, you're creating a huge void in the interior of the -- of the land. It just doesn't make sense. And I think staffs intent was that, you know, there are so -- depending on the size of the parcel and the circumstances, there are so many variables that they cannot write a code for each one of these circumstances, so this mechanism is a vehicle to grant those deviations. Page 22 161 1 ~ 5 August 17, 2006 But I do think that we can actually create measurable standards that then they can come back and say, you met this, met this, met this, whether or not you may consider them minor or not, but they're measurable standards that then somebody can hold staff accountable and the developer accountable to. CHAIRMAN STRAIN: And I think that's where we're headed. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: And Mr. Klatzkow, did you have a comment? MR. KLATZKOW: Yes. Based on the recent changes that were made -- and I'm referring to 5A, the administrative deviations, just for clarity I'd like to know the intent of this board. Are these administrative deviations limited to Bayshore, or are they limited to all mixed-use projects, or are we opening this up for everything? COMMISSIONER SCHIFFER: It's a subset of Bayshore. CHAIRMAN STRAIN: No. It's just Bayshore. In fact, 5A(i) is the only applicable area. 5A(2)(i) was struck, I would assume, because it was too broad, and that leaves us with just Bayshore. MR. KLATZKOW: We just want Bayshore. COMMISSIONER CARON: And Gateway. MR. WHITE: Right. It's got the GTMUD, mixed-use district, MXD subdistrict. So the geographic scope of applicability is tightly defined and constrained. CHAIRMAN STRAIN: Jeff, are you using the green sheets? MR. KLATZKOW: No, I'm using-- CHAIRMAN STRAIN: The white sheets that are -- oh. MR. WHITE: He has the same. CHAIRMAN STRAIN: Because the white sheets had a -- well, the white sheets show 5A, and it's strictly the Bayshore/Gateway area, so -- MR. KLATZKOW: Just wanted to make sure of the intent. CHAIRMAN STRAIN: I think that's what the intent is, yeah. MR. WHITE: Right. And if I could just try to, perhaps, incapsulate and address more specifically Commissioner Caron's comment, that two-stage process that I was talking about was intended to act, effectively, as a double check on the staff and on the applicants in the sense that there would be a rereview of the entirety of the planning impact that the deviation request would have. You would look, in a sense, at a consistency analysis with the existing regulations, and you'll see that there are other provisions in there that talk in those terms. Small letter i is similar to small letter 3i, and small letter ix, 9, all of them are looking at consistency of the deviation request with varying levels of other existing regulations. In other words, is it consistent with the compo plan? Is it consistent with the rest of the LDC? Is it consistent with the design standards for the overlay district? And ultimately, is it internally consistent with the rest of the site planning? And it's in that sense that, you know, I think the architecture ofthe regulation is intended to operate. Now, there's the second level of analysis, more of a traditional compatibility type of analysis arising from the specific physical impacts that are being changed based upon the deviations request, and then there's a way to more quantitatively measure those. So I think what we've tried to do is make sure that, in giving the staff the maximum degree of opportunity to review the requests, we've given them a full blown opportunity to look at consistency and to do so in terms of the details of compatibility. And if you want to carve out some of that consistency, that's fme, because I think you can presume, to some degree, that from the actual conceptual mixed-use approval process going before the Board of County Commissioners, some of that consistency at a broader scale has been evaluated and effectively Page 23 ~1 5 01 Ie' August 17, 2006 approved by them such that the exercise of discretion by the staff is, again, very tightly constrained. CHAIRMAN STRAIN: We need to kind of move this forward a little bit faster here. Let's get on to page 57. Does anybody have any questions on page 577 Mr. Schiffer? COMMISSIONER SCHIFFER: I do. And again, it's -- I mean, these words are just nice things to say, but number 5, you're saying you've got to do something that has sound. I'm not sure exactly what sound means, but sound architectural landscape, I mean, goes without saying, doesn't it? I mean, why would -- I mean, why is that there? Just out of curiosity. MR. FERNANDEZ: Well, again, this document's been crafted jointly working with staff. I think there's existing language right now when staff analyzes deviations for development standards or for the subdivisions that get reviewed, that a professional has to document or at least make the statement that they're certifying that it's consistent with the standards. For instance, if we're saying that there would be no curb located between a parking area and a sidewalk in that distance, that particular designer or professional, let's sayan engineer in this case, would say that, you know, he based it on sound judgment, you know, FDOT uses this where you have traffic moving at less than 10 miles an hour, et cetera. So there's just another basis. We're trying to find those measurable criteria that an applicant or a developer can respond to staff with and say, okay, we believe this deviation meets this criteria because. COMMISSIONER SCHIFFER: Okay. MR. WHITE: I think that's consistent with Commissioner Murray's theme on other regulations that have been commented on in terms of exercising judgment and exercising that judgment in a professionally responsible manner. And that's, I believe, where this is intended to go, is to, again, set, effectively, a shield and a threshold that the staff can look at it. And if their professional opinion is at odds with that of the applicant, there's an opportunity to comment on it, and that is a grounds for effectively not granting the administrative deviation. COMMISSIONER SCHIFFER: Then further, the next one is-- CHAIRMAN STRAIN: Brad, before we leave that one, could I ask one follow-up question? COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Mr. Fernandez? MR. FERNANDEZ: Yes. CHAIRMAN STRAIN: What staff member utilized the word sound in number 5? You said you ran all this by staff and you wrote it with them. What staff member -- MR. FERNANDEZ: We didn't actually craft that. In fact, those words aren't there that are ones that we created, but I believe that that term is used elsewhere in the review of deviation requests that county staff now utilizes in evaluating substation criteria and so forth. CHAIRMAN STRAIN: Ray, do you know of any reference where that word is used? MR. BELLOWS: I can't think of any offhand. CHAIRMAN STRAIN: All right. I mean, when you make a statement like that and staffs involved and staff was the one that got it this point with you today, that's important to us because if staff feels they've got an understanding of the word sound, then maybe we are not helping matters by pushing it that hard. But I certainly thought that was -- and I had that circled just like Brad. That certainly was a very ambiguous reference. I don't see how it could stand up, and I would want to know from staff then how they thought it could. And if they haven't utilized it, then that does change the dynamics of it. MR. SCHMITT: Frankly, I have problems with I through V. It's all subjective, no definitive standards. It's -- I don't know how we would evaluate it, and I don't know how we would -- in an argument, it would be arguable from either point of view -- COMMISSIONER CARON: Right. Page 24 161 1 C 5' August 17, 2006 MR. SCHMITT: -- and I would suspect that almost every one of these coming in would be going to the board on an appeal. CHAIRMAN STRAIN: Well, I would hope that after we finish reviewing it that we can provide enough constructive comments that something could be better worked out so that in the second hearing you all can come to an agreement on this. Because if you can't, it doesn't bode well for seeing this move forward in the process, so -- MR. FERNANDEZ: I agree. CHAIRMAN STRAIN: Let's -- Brad? COMMISSIONER SCHIFFER: Yeah. The next one is where -- some standards in which you can get building setbacks. And I think the key to this district is we're trying to get buildings up on the road. You cited a situation with a large lot. I don't think that would ever deny building in the rear of the lot as long as you had some buildings up close to the front of the road. MR. FERNANDEZ: There's no provision right now that says you can have one building along the roadway -- or five along the roadway and that entitles you to do one beyond it. It says that all buildings will be at property line. COMMISSIONER SCHIFFER: It says all buildings bordering Bayshore. MR. FERNANDEZ: Right. COMMISSIONER SCHIFFER: So if you put a building in the back of the lot, that's not a building bordering Bayshore. MR. FERNANDEZ: The interpretation we've heard from staff is that if you have a building -- if you have a parcel and it abuts Bayshore, then those buildings need to abut Bayshore, and that's the intent. COMMISSIONER SCHIFFER: Well, okay. I mean, I thought it was worded, buildings abutting Bayshore, but anyway. MS. F ABACHER: It is. COMMISSIONER SCHIFFER: Number A, one of the reasons they could approve it is that if you change the setbacks, there'll be privacy within the unit. That makes no sense. I mean, putting a bathroom door on because you change the setbacks, I mean -- do you mean between units or what is that? MR. FERNANDEZ: I didn't craft that language. That came from staff, so -- but those are comments that we can take back and talk to them. COMMISSIONER SCHIFFER: Well, this is confusing. Every time we ask a question, somebody ducks, so -- I mean, is there -- is somebody ashamed of writing this or something? MR. WHITE: Certainly that's not the case. And if it will help to understand where some of the provisions that were in the original proposal came from, they were called from all ofthe regulations that were available on line through municipal code in the State of Florida. And so all similar jurisdictions that had these types of concerns attempted to promulgate reasonable rules for the staff and applicants to follow and for commissions and boards to be able to evaluate if they had to make some judgment. And I understand what your concern is, and we will make our best efforts to try to create words that remove ambiguity, provide as much objectivity and quantitative decision making as we can provide. But I encourage you to look at them as a whole and to not suggest that simply because we don't know what the word sound means or who provided it that there's an intent here to escape from providing meaningful regulations to achieve a desired end on the part of the community as evidenced by Mr. Jackson's statements. CHAIRMAN STRAIN: Mr. Schiffer, I'd like to get through 6A, B, and C, and then there's a couple other members that may have questions on those before we move on, so -- COMMISSIONER SCHIFFER: You can go on. Page 25 lol Ie August 17, 2006 CHAIRMAN STRAIN: Are you -- COMMISSIONER SCHIFFER: Well, I don't think that makes sense that -- provide privacy within units. I mean, that's -- CHAIRMAN STRAIN: I don't disagree with you, and I think that's the purpose of the discussion is to make it clear to the applicant that they need to clean -- COMMISSIONER SCHIFFER: Well, when I asked the question, they all ran away. So, I mean, whoever's the person you talked to, maybe the word between would be better? CHAIRMAN STRAIN: Well, before you go farther-- MR. WHITE: I made a note of that. CHAIRMAN STRAIN: Before you go farther, I notice that the applicant and Mr. Schmitt have got a sidebar and that Ray and the county attorney and Catherine have a sidebar going on. When you two all get done and would be willing to listen to us since you're here at our meeting, we will resume. MS. F ABACHER: Excuse me, Mr. Chair. Catherine Fabacher, for the record. We just got these. So for staff to be able to provide answers to something that they're just seeing, it requires-- MR. WHITE: I beg to differ, Mr. Chairman. These are regulations that we've talked with the staff about. CHAIRMAN STRAIN: Okay. We don't need even to go there. MR. WHITE: That's fine. CHAIRMAN STRAIN: We are providing you with input on what-- MR. WHITE: Thank you. CHAIRMAN STRAIN: -- we've got in front of us today. It's your job to come back on the second hearing with a resolution-- MR. WHITE: We will do that. CHAIRMAN STRAIN: -- and if you can't, then you won't get very far, so-- MR. WHITE: Understood, sir. CHAIRMAN STRAIN: Let's just move forward. Mr. Schiffer finished with number 6, A, B, and C. Is there any -- Mr. Adelstein, did you have a comment? COMMISSIONER ADELSTEIN: Yes, I do. Basically most of the lots are of a specific size. Why can't we use a statement that any lot over, let's say, six acres or 10 acres, has its own rules and regulations, instead of having three feet or five feet? There won't be that many of them, but those that are big can be put together with the same type of ruling system, only theirs, what they need to have. And your large building problem there, if the zoning was said that because it's 10 acres or 20 acres, it can be 15 feet, 50 feet, that could be done uniformly in every single large project, not making deviations. Basically if you could avoid the deviation problem, this thing goes through. If you've got a particular situation where this is unique and it should have a unique answer and a specific one, no variation needed. MR. FERNANDEZ: I would suggest to you that I gave you an example. And when you're doing mixed use, there are unique circumstances because of the abutting uses, the buffering, the noise requirements, refuge collection, fire protection, all these things -- COMMISSIONER ADELSTEIN: I understand, but that's not every one of them. CHAIRMAN STRAIN: Gentlemen, you have to talk one at a time. COMMISSIONER ADELSTEIN: Oh, I'm sorry. MR. FERNANDEZ: You would be building a great number of different subdistricts to each one of these in order to accomplish what you're suggesting. And staff hasn't done that. They've created one district, and that's what's governing these as Page 26 161 Ie 5 August 17, 2006 opposed to creating multiple ones. And even then I would suggest to you that there would be the need for those -- for deviations, although of much smaller -- of a much smaller scale. COMMISSIONER ADELSTEIN: If it was worked out with staff, and I've seen how they've done this, I don't think you'd have that much of a problem. You have a size problem, and a size problem is not a specific problem. So basically anybody with a size over X number of acres would be handled Y; that's all there'd be to it. MR. FERNANDEZ: I mentioned to you the one-third of an acre site that we have that we're working on, it's a very specific site. We would not be able to meet those requirements. So we would need a deviation in order to make that project a mixed-use project. So it's not one that's just relegated to size. CHAIRMAN STRAIN: I think what Mr. Adelstein's trying to make sure everybody understands is we need criteria. And even -- and size is just another form of criteria. COMMISSIONER ADELSTEIN: That's right. CHAIRMAN STRAIN: So if you look at methods of criteria to apply to this, I think we'd all understand it better. MR. WHITE: Just to comment on Mr. Adelstein's statement about uniformity oflot or tract sizes. I commend your review that page 55, district map, that you can readily see that there are a variety of sizes of tracts, and maybe there are some classes that will fall out of that based upon, you know, dimensions and acreages, but there's a wide range of sizes. COMMISSIONER ADELSTEIN: I understand. CHAIRMAN STRAIN: Mr. Murray, you had a question? COMMISSIONER MURRAY: Into the fray. I just want to qualify something. When CRA was first getting going, I remember a statement being made by the then director who said that this was going to be a growing program, and I just wondered, are these boundary lines final now; do we know? MR. WHITE: As to the subdistricts or the overlay district? COMMISSIONER MURRAY: No, the overlay itself. Is the boundary -- the boundary has been expanding quite some time. In fact, I understand from that director who told me that anybody who wanted to opt in could opt into the CRA. Does that remain the truth? MR. WHITE: That's not the case at all. In fact, having previously represented that advisory -- the CRA, I can tell you that statutorily only the Board of County Commissioners can effectively do that. And that is not something that has taken place to my knowledge essentially since the conception and formation of the actual CRA area. Now, as far as the overlay districts go, that's certainly something that's subject to the Planning Commission's review and the board's, but -- CHAIRMAN STRAIN: I think what's happening is, I think Mr. Murray's referring to, when people opt into this program, they're opting into a program that already has the overlay on it. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: The overlay isn't changing. COMMISSIONER MURRAY: Okay. That makes it easy for me. Thank you for qualifying that. MR. JACKSON: I think I'll clarify that, because -- in may, Mr. Chair? CHAIRMAN STRAIN: Sure, go ahead, sir. You might identify yourself. MR. JACKSON: David Jackson. The overlay district is limited by the growth plan. COMMISSIONER MURRAY: Yes. MR. JACKSON: Okay. It cannot expand unless you amend the Growth Management Plan. The boundaries of the CRA-- COMMISSIONER MURRAY: Affected. Page 27 I "1 C 5 August 17,2006 'it" MR. JACKSON: -- which are greater than the overlay can be expanded and amended by the Board of County Commissioners, but the finding of necessity and blight and slum has to be founded, has to go through that process to do that. The boundaries of the CRA, ifit grows, will not affect the overlay because it is metes and bounds by the growth management act, or plan, I guess you would call it. COMMISSIONER MURRAY: I want to thank you for that, because the basis for my questions or my qualification of information, the matters of deviation become, perhaps, more significant as we expand into the areas that may -- MR. JACKSON: No, sir. That won't, and the fact, within the overlay district it's limited to three zoning categories, and that is neighborhood, commercial, waterfront, and the mixed-use district, and that which is even a subset of the overlay. It's an even smaller area. COMMISSIONER MURRAY: Is Mr. Fernandez referring to any of the three that you just cited? MR. JACKSON: This whole discussion is about those three, neighborhood, commercial second-- if you look at your overlay -- COMMISSIONER MURRAY: I'm thinking more -- MR. JACKSON: -- it's the second thing there. It's under 5, administrative deviations. In my opening remarks, I related to BMUD-NC, which is neighborhood commercial, BMUD-W, which is waterfront, which has a commercial component, which can be mixed use, and the GTMUD, which is the Gateway section, MXD, which is the mixed use section -- COMMISSIONER MURRAY: Okay. MR. JACKSON: -- which is mostly the commercial area, C-3, 4, 5. CHAIRMAN STRAIN: You need to slow your discussion a little bit. I'm watching her, and her hands are just flying as fast as she can. So I'm usually the worst one at that, but you've beat me today. MR. WHITE: Mr. Chairman, would it be helpful, and Mr. Murray, would it be helpful if we provided you with a graphic that demonstrated where these rules would apply so you can see both parcel sizes, distribution and location of its limited effect? CHAIRMAN STRAIN: Mr. White, I think by next meeting you better provide everything you can to help your case because the way I see it now, there's a lot of questions and we need to get them resolved. And Mr. Schiffer, we had left off on number 6A, B, and C, and it was -- you were going to go to -- and they skipped 7, but -- we're going to go to 8. But at this point we're going to take a break till 10: 15 to give the fast-typing court reporter a break. We'll be back here at 10: 15. (A brief recess was had.) CHAIRMAN STRAIN: Everybody please resume your seats so we can get gnarly and contentious. MR. WHITE: The house of pain, Mr. Chairman? MR. JACKSON: And you're pushing the length. CHAIRMAN STRAIN: Okay. We left off on page 57, and I notice that it goes from vi to v triple i, so we'll just assume that the numerics will get fixed. And Mr. Schiffer, did you have any further questions on that page? COMMISSIONER SCHIFFER: Yeah. Number -- Roman numeral viii -- and I wish we could ban Roman numerals. But when you say further incompatibility, are you talking about existing compatibility, future compatibility? Because the essence of this district is that it's not what it's going to be. So I think that if there's any compatibility issues, if should be with the master plan, not with an existing use. MR. WHITE: You're raising a question that I kind of go back to the comments about a consistency analysis, and there are, to the best of my understanding, essentially three levels to that. One of them is kind Page 28 161 Ie $"'" :::> August 17, 2006 of the broad scope across maybe your community. The second one is between the adjacent uses in terms of compatibilities, and then -- kind of on the site itself. And I think what this one is intending to look at is the actual land uses not only within the parcel itself, but allow for that analysis when between the adjacent parcels. You'd have to presume that by the designation ofNC subdistricts, et cetera, that the uses that are permitted there are already ones that are recognized as being compatible. The point is that by modifying one of these rules through the deviation process, you aren't going to go backward on that. COMMISSIONER SCHIFFER: But -- so in other words, how would somebody check to make sure this doesn't further in the compatibility between land uses? You're not referring to an existing land use then. Shouldn't we -- I mean, what you described is mini-macro land uses. I'm talking about present and future. MR. WHITE: Would it help to say existing and proposed? COMMISSIONER SCHIFFER: Well, do we want that? I mean, we have a sod farm, I think, in one, or a grass or a landscaping business on one corner I know of. You certainly don't want to maintain consistency with that. MR. FERNANDEZ: I think -- I think it bears further consideration because I think that's a good point. COMMISSIONER SCHIFFER: And then there's something up above where you're preventing impact on the neighbors. I'm not sure how -- well, let's let that go. That's just one of the -- CHAIRMAN STRAIN: Well, no. That's a good one. It says, preventing negative impacts to health, safety, and welfare. I mean, that's a proactive statement in regards to, you're going to do something and you're going to prevent negative impacts that mayor may not already exist. How ambiguous will that be? And I think you certainly need to reconsider using it in that term. COMMISSIONER MURRAY: Help avoid? CHAIRMAN STRAIN: Something with criteria. Anything else on that page, Brad? COMMISSIONER SCHIFFER: Yeah, just because we're ending the -- these are the criteria that the -- whoever's reviewing this has to meet to approve it, right? MR. FERNANDEZ: Right. COMMISSIONER SCHIFFER: And they're all like kind of nice things. They're not really geometric things. They're not really -- so I mean, the confusing thing is, is this -- I mean, is this just a smoke screen or is this, you know, real stuff? I mean -- and I don't know ifI'm having a hard time making that clear, because this is having a hard time making it clear. In other words, you could go through all of these things, but what does it look like? How does it-- you know, I know you have phrases -- it says that it can't, you know, go against the master plan or it can't be inconsistent, but it just seems that this is pretty ambiguous, and it's difficult to see where something could be denied. MR. FERNANDEZ: Well, to me it -- I think it's just the opposite. It has so much discretion that staff could deny which would require you to go through, you know, an appeal process. But I agree, we need to find some better language there to measure against. And I think that's what almost -- you know, at least 90 percent of the comments have been. CHAIRMAN STRAIN: I think you're getting the theme of where we're going, so-- MR. FERNANDEZ: Yes. CHAIRMAN STRAIN: Page 57. Anybody else? Mr. Murray? COMMISSIONER MURRAY: Dare I go in further? On -- under Roman ix, I understand that phrase, but I was troubled by it a little bit because the LDC is reflective of the GMP. So granting a Page 29 161 rtl ('5 )j,. ',,) August 17, 2006 deviation would, I thought by definition, essentially become inconsistent with the -- with the -- now I know that's not true, but I'm wondering if there's a more effective way of saying what it is you intend, or maybe I'm offbase on that one and I'd leave that to my fellows to make a determination. But it just tickled me to think, gee, we're going to create a deviation that is to the LDC, but the LDC is supposed to be reflective of the GMP and, therefore, doesn't that in itself-- MR. FERNANDEZ: I think in this particular case, there's some unique language in the Growth Management Plan, for instance, that says it can only be two stories or three stories and so forth. There just wants to -- there's some additional protection here that says that staff isn't going to grant a deviation that is inconsistent with the Growth Management Plan, which they have no latitude to do. So for instance on -- that's basically, I think, the intent here. COMMISSIONER MURRAY: I thought I understood the intent, but I've made my point. Thank you. CHAIRMAN STRAIN: Okay. We'll move on to page 58. Anybody have any questions on page 58? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. In D, these are the reasons for which deviations may be denied, right? So the first one is, you can request a deviation, it could be approved, or it could be denied by this section, correct? MR. FERNANDEZ: Correct. COMMISSIONER SCHIFFER: All right. And this section to me really is -- you know, it's -- you know, you don't have a good application, your application's deemed insufficient; in other words, is vague as the stuff was before, this is pretty specific on determining how you did your physical submission. In other words, a guy can spit it out because it's not submitted right. But -- so what status would we be in -- ifhe doesn't get approval, is that a denial? I mean, if! want a deviation and I go through what someone -- I think Mr. Murray -- called the haze, and I kind of agree with him, and it -- you know, but the guy says, you know, I really don't want to approve any of these based on something in there, so is that a denial, or what is that? Or do you only get denied under these -- you know, maybe denied because ofthese things? MR. WHITE: I'd say that failure to meet any of the criteria that we just went through under the small Roman numerals is one way that you could be denied. Additionally, if there's a determination made by the staff that they've asked and it's not been answered in a way as far as the actual submittals for either the deviation request or the SDP that it is, you know, part of, that either ofthose are, in and of themselves, not in a manner consistent with what the regulations are, that that's grounds to deny it. There are instances where applicants can forward with requests and they're provided with review comments and they are essentially ignored and sought to have them approved regardless. This gives the county a mechanism by which to ensure that if you fail to address those review comments, that your deviation request will not be granted. CHAIRMAN STRAIN: Why don't you simply ask a D, Roman numeral iv, that fails to meet the criteria as it's discussed in 5B, something to that effect so that everybody knows that not only do you have these three reasons to turn this down, but any of the reasons -- any of the systems you don't meet in 5B can be reason to turn it down. MR. WHITE: That makes perfect sense, and I think it's inherent, but we can state it expressly. CHAIRMAN STRAIN: Well, it wasn't inherent to me. COMMISSIONER SCHIFFER: But I think that's good, Mark, because the problem was, the first two are essentially administrative. You didn't -- you know, it said you needed an eight by 10 glossy of the building. If you didn't have it, you're out. The third one is getting close, but it really is discussing the scope, so that means that, you know, the Page 30 1 C') August 17, 2006 administrative process isn't able to determine that. There is really nothing except what you just added that actually deals with the issue. CHAIRMAN STRAIN: Okay. Mr. Kolflat, did you have a comment? COMMISSIONER KOLFLA T: Only some minor ones. You have department staff and zoning director referenced in that same area. Shouldn't that be changed to county manager? CHAIRMAN STRAIN: The staffwill go through before the second hearing and change all the references to that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yes. On E, on 58, the word only, that sort of limits the BZA considerably, I think, and I wonder if we really want to constrain that to that degree. MR. WHITE: We have no objection to removing the word. CHAIRMAN STRAIN: Yeah. I think that's fine. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: It should be removed, that's great. Any other questions on page 58? Ms. Fabacher? MS. FABACHER: For the record, Catherine Fabacher. Mr. Chair, I'd just like to correct a misstatement that Mr. Fernandez said that I might have accidentally spoken when I said that staff only reviewed -- got this and hasn't had a chance to look at it. I did not mean the whole section. What I meant was the current revision that was handed out today was what I meant to say. If! spoke incorrectly, I apologize. The second question I had kind of goes back to page 56 in applicability. I just was curious, when it says -- I'm looking at the third sentence there, mixed-use projects as required under -- site design standards for mixed-use projects as required under section 4.02.00. As you know, those are the standards for all the different special standards for different business parks or overlays and so forth. The next term it says, and other applicable sections ofthe LDC. So my question is, does that mean then that under a mixed-use process in the Bayshore and the Gateway, you can ask for a deviation from any regulation contained within this book? Because that would appear to be -- I'm asking if that's what that means. Thank you. MR. WHITE: That is, indeed, what it means, and it's reflective of the notion that there is the possibility that there will be other regulatory requirements out there that need to be deviated from in an administrative sense. CHAIRMAN STRAIN: Within the Bayshore -- MR. WHITE: Part of the problem is that the genesis in the way that these rules themselves were brought forward -- not the administrative deviation rules, but those for the overlay district themselves -- was not done in, certainly my opinion, with the level of detail that was looking at site planning issues. And as a result, there has to be some experience afforded both the staff and applicants to try to adjust these rules. We'll do our best effort between now and the next meeting to give you as much assurances as we can, but I think it's fair to say that what we're trying to do is anticipate essentially some of the things that are unknown and won't arise until you actually do the site planning and essentially building permitting for a project. CHAIRMAN STRAIN: Mr. White, maybe a solution to this is, if staff has a specific concern about a specific way this could apply, either come up with better language or make some suggestions so that we can get this resolved by the second hearing. If you can't -- MR. WHITE: That being the 23rd -- CHAIRMAN STRAIN: I don't think we're going to get to this on the 23rd. MR. WHITE: I was going to suggest that if there was a way before we conclude it today to try to Page 31 161 -r :,~ t 5 August 17, 2006 give us some idea of what our timeline is and how we can help meet your expectations, that that would be very, very helpful for us. Your comments have been very constructive, and we will take them to heart and do our best with them. CHAIRMAN STRAIN: Well, we're not quite done yet. So hopefully they'll be constructive as we continue on. One thing, we are meeting on the 23rd. Usually we meet for about three hours on that first night. Weare continuing, most likely on the 28th, I believe, and the 29th. MS. F ABACHER: No, sir. I think it's the 29th and the 30th, I believe. CHAIRMAN STRAIN: Oh, those two days of the following week. So what you need to do is probably figure in one of those two days, and before we leave here today we'll at least give you heads up that I don't think you're going to be here on the 23rd. We have enough to discuss on the 23rd, we could put you off to one of those dates. MR. WHITE: Thank you. CHAIRMAN STRAIN: Okay. Page 59, is there any -- assuming we finished 58. Is there any questions on 59? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And this is to Catherine. Is this the first time we used the E as an exception? Because, for example, if you look at 59 and-- MS. FABACHER: Yes. COMMISSIONER SCHIFFER: -- you know, why don't we just do what we did on the next page where we permitted, and then we put on a footnote and then that footnote is the limitation? What's the difference between that and this E? MS. F ABACHER: Just to be sure that they know that it is except -- it's permitted with certain exceptions, and that has always been in the table from the genesis of this table method. COMMISSIONER SCHIFFER: And the reason you wouldn't use it on the next page is -- in other words, there's a permitted thing, but it has a -- in this case a -- MS. F ABACHER: That would be a mistake. COMMISSIONER SCHIFFER: Should it be -- okay. COMMISSIONER MURRAY: I have -- CHAIRMAN STRAIN: Do you -- are you going to be able to make the correction? MS. FABACHER: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Commissioner? CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: On pages 59 and 59A, both dealers have been struck, but marinas are still appropriate, not an uncommon condition, I think, for marinas to also do some selling of boats, but I don't know how restrictive our -- I know there was a whole series of things. Just a question as to whether or not that's fully intended or maybe an oversight. MR. JACKSON: Fully intended, sir. David Jackson, excuse me. COMMISSIONER MURRA Y: Okay. I have no question beyond that. MR. JACKSON: Correct. And it had to do with certain locations and neighborhood commercial. Because of the lineal structure of what we've got, we weren't looking for --like, you know, some parts of suburbia become a bunch of automobile dealerships or this -- for us to become a lot of boat dealerships all the way up and down there, which would essentially, not negate, but it would kind of dampen the mixed-use project that we'd like to have there. Page 32 u 1; .,...~ ~ lG J August 17, 2006 CHAIRMAN STRAIN: Mr. Jackson, let me interrupt -- and I'm sorry for this. I see Mr. White is packing up. Are we done with the issues that Mr. White was going to be addressing? Because we haven't finished this Bayshore thing. So basically he was only involved in the first part of it? MS. F ABACHER: Yes, sir. CHAIRMAN STRAIN: Okay, good. I needed that clarification. Thank you. Sorry to interrupt. Thank you. COMMISSIONER MURRAY: It's a BMUD, not a waterfront, okay. So I thought it was logical that boat dealers, you might not want them in your BMUD. I guess I'm confused then, because marinas don't fit with what you just answered. MR. JACKSON: Well, correct, sir. And I went --looked up -- and forgive me for not being able to quote rotely the 5551 SIC code there. When I went and looked it up, it just didn't fit with what we wanted to have in the mixed-use development. COMMISSIONER MURRAY: Okay, all right. I just wanted to bring it to your attention in case it might have been a boo-boo. MR. JACKSON: No, sir. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Okay. We'll move on to page 59B. MR. BELLOWS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. BELLOWS: I just had one question about, on page 58, item F, annual assessment. MR. JACKSON: That's Mr. White. MS. F ABACHER: Uh-oh. CHAIRMAN STRAIN: Oh, good point. I had some questions on that too. I forgot. That was just recently provided to us, so I had my notes on the other page 58. MR. BELLOWS: Yeah. I think there's some problems associated with the county tracking these types of deviations. I think that's something more of a CRA function myself. And the county tracking this -- I'd see that this would create some problems to an extent that, I'm not sure of the purpose and intent of reporting back on the number of deviations when they may be so minor and vague dealing with certain small parcels. I just see it being a nightmare to track, and maybe that's something that a CRA function would be better at tracking. CHAIRMAN STRAIN: Well, maybe between county staff and the CRA, they can get together and figure out what the best method is to tracking, and maybe there needs to be some criteria on the deviations that are tracked. MR. BELLOWS: Or even the necessity of the whole thing. I'm not even sure that's required. MR. JACKSON: Sir, if! may? CHAIRMAN STRAIN: Sure, go ahead. MR. JACKSON: I think a lot ofthe deviations in the way the language is crafted would occur during this SDP process. And the CRA is no longer involved in anything after the SDP is submitted. Our work mostly is with the mixed-use process in the beginning for designation in the up-front part of it. When they go to the SDP for site construction and site plans, I'm extracted from that. So I'm willing to sit down and discuss this with Mr. White and Mr. Bellows and see if we can work that language and make it -- for the intent of what was there, make it work -- say exactly what could occur. CHAIRMAN STRAIN: Yeah. If you could come up with a useful alternative, let's do it. MR. JACKSON: Correct. CHAIRMAN STRAIN: If you do come up with some of this language, I would suggest you identify the Planning Commission as the Collier County Planning Commission with capital letters. Page 33 ~L 0 i Ie August 17, 2006 MR. WHITE: That's fine. CHAIRMAN STRAIN: And that, may be warranted -- and after the word warranted, for recommendation to the BCC. We certainly don't want them to think that we're trying to do something on our own. So other than that, I mean, I had those two comments. I'm glad, Mr. Bellows, you brought that back to our attention. Okay. Thank you. Now we're back onto page 59B. Any comments? And these are only the underlines. If you notice, there are some new underline sections. And 59C? (No response.) CHAIRMAN STRAIN: Fifty-nine D? Mr. Jackson, 59D, number 2D, all buildings immediately adjacent to Bayshore Drive. Are you sure you don't mean the word abutting? Abutting is one that's on the line with Bayshore. They share a common property line. Adjacent could be separated by a street or other feature. MR. JACKSON: I would leave that language to a professional planner, and I will discuss that with the planning staff after this, because throughout, in the previous pages, you saw that abutting was changed to adjacent, adjacent was changed, so that is a code language for a planner. And I will discuss that with them to come up with the appropriate word. CHAIRMAN STRAIN: Okay. Page 60? (No response.) CHAIRMAN STRAIN: Sixty-one? (No response.) CHAIRMAN STRAIN: Sixty-two? (No response.) CHAIRMAN STRAIN: Page 63? COMMISSIONER SCHIFFER: Question on that. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Just out of curiosity -- and it's not something you're changing here, but wouldn't the neighborhood information meeting occur before it comes before the Planning Commission? MR. JACKSON: You're talking about paragraph -- COMMISSIONER SCHIFFER: Number 2. MR. JACKSON: C2? COMMISSIONER SCHIFFER: Yeah. MR. JACKSON: And the question is, sir? COMMISSIONER SCHIFFER: It states that it happens before the Board of County Commissioners. Wouldn't it happen before the Planning Commission, just -- I know that's not what your strike-throughs -- MR. JACKSON: The neighborhood information meeting in application to the mixed-use process, the Planning Commission is not involved. COMMISSIONER SCHIFFER: Okay. MR. JACKSON: So the neighborhood information meeting has to occur a certain numbers of days COMMISSIONER SCHIFFER: Then that makes sense. MR. JACKSON: Yes, sir. Page 34 !jo il I JLQa lC5 August 17, 2006 CHAIRMAN STRAIN: Up on top on that same page, number E, the words that were inserted, of the finished floor, and it's a measurement for the height, can the finished floor be elevated to any -- is it limited to how high the finished floor can be elevated? That's -- I guess that's the question. Somebody could artificially raise that first floor to get more height of their building then. MR. JACKSON: Yes, sir. In our -- in the previous code it was -- you've seen some houses that are built on what I call anthills, you know, where you've got a 45-degree driveway. Great for skateboarders, but the -- our application is that they can bring in no longer any more fill than two feet above the crown of the road, and if they wanted to get higher to meet FEMA standards, then they have to go with stem walls. CHAIRMAN STRAIN: Is there any limitation on the height of stem wall in order to get a higher building out ofthis language you added to E? Since they're measuring now from the finished floor, could they put a six-foot stem wall in, let's say? MR. JACKSON: I can't answer the question at this moment. CHAIRMAN STRAIN: Okay. Would staff -- and Ray, I notice you're distracted again. Would whoever's in charge of this particular issue take a look at that to make sure we don't have an unseen-- unforeseen consequence out of that language in regards to what I just said? MR. JACKSON: That's a good point, and we should go back and take a look at that, stem wall height. That may be a good point there. Maybe we can limit it by FEMA height or something like that. CHAIRMAN STRAIN: Okay. Page -- Mr. Schiffer? COMMISSIONER SCHIFFER: On that, Mark, that's really only referring to guesthouses over a garage, so they still have the requirement of getting an automobile into that. David, the problem really is the finished floor height. The garage finished floor would be lower than a residence. It doesn't have to actually hit some of the FEMA requirements, so -- MR. JACKSON: No, it doesn't. The garage floor can be at grade or it could be at the crown of the road, so -- COMMISSIONER SCHIFFER: Isn't the intent of this is to measure off of that? MR. JACKSON: That's correct. Wherever it -- wherever it lies. So if it's at grade, it would be from that finished floor level. I think Mr. Strain's point of view is that you don't end up jacking the building up much higher than you know, for aesthetics and for neighborhood type ofa setting. COMMISSIONER SCHIFFER: Or difficulty getting your vehicle in the garage? MR. JACKSON: Correct. And I don't think that will limit that. This just has to do with measuring the actual heights of that structure. CHAIRMAN STRAIN: The only thing maybe, Ray, if staff could check, as far as first finished floor, is that considered by FEMA the habitable floor? MR. BELLOWS: Correct. MS. F ABACHER: Excuse me, Mr. Chair, not for a garage. CHAIRMAN STRAIN: No, that's -- okay, that's fine. But I mean, do we need to clarify that or not? Maybe it's the first -- maybe it's the finished floor of the garage or something of that nature, and that would help. MS. F ABACHER: I think that's what the provision says. MR. BELLOWS: Yeah. Garage floors are lower, but that's not technically a habitable floor. CHAIRMAN STRAIN: Right, I know. MS. F ABACHER: I don't think it says habitable. CHAIRMAN STRAIN: No, it doesn't. That's what -- that's what I was trying to clarify, to make sure we're not referring to that. MR. JACKSON: And Mr. Chairman, in that subsection 6E, in the sentence, it says, a guesthouse Page 35 .tol "',; " Ie A.ugust 17, 2006 over garage and -- CHAIRMAN STRAIN: Right. MR. JACKSON: -- so this paragraph is talking about that kind of a unit. CHAIRMAN STRAIN: Okay. Page 64? (No response.) CHAIRMAN STRAIN: And now that finishes Bayshore, and we're into the Gateway area which is on -- starts on page 65, and I would assume that everybody understands the criteria that we talked about on the Bayshore where any changes similar to that would also apply to the Gateway where they are duplicative. Anybody got any questions on page 657 (No response.) CHAIRMAN STRAIN: Page 66. (No response.) CHAIRMAN STRAIN: Page 677 COMMISSIONER SCHIFFER: I do, one. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: This is just again, scrivener error. There's no change in zoning? MS. F ABACHER: That's correct. It's -- on the larger one you can see. It's that little -- this is the old one. We're looking at it in the book, and there's a small parcel on the map on the left, the farthest right patch of yellow was incorrectly identified, I believe, as C-3, and it's actually a C-4 and it's a scrivener's error. COMMISSIONER SCHIFFER: Okay. Thank you. MR. JACKSON: Yeah. It all had to do with underlying zoning, what is really there before the overlay came in, and it was a matter of, I would say, garbage in, garbage out. We picked up a map that wasn't totally correct, and we're correcting those now. CHAIRMAN STRAIN: Mr. Jackson, pages 68, 69, and the first half of70 seem to be the redundant administrative deviation language we just went through. So anything that comes out of the first round, I'm assuming, will apply to this and, therefore, we can assume we already discussed all that, and we'll go into the bottom of page 70 then. COMMISSIONER CARON: Five A(2) also. CHAIRMAN STRAIN: Pardon me? COMMISSIONER CARON: Five A(2) should be struck. CHAIRMAN STRAIN: We're going -- all that's going to get changed with the changes we recommended to staff. On page 71? (No response.) CHAIRMAN STRAIN: Page 72? (No response.) CHAIRMAN STRAIN: These are a lot of minor changes. Page 73? (No response.) CHAIRMAN STRAIN: And finally page 74? COMMISSIONER SCHIFFER: Well, let me deal with 73, sorry. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And I reviewed this so long ago, I have to figure out what I was thinking here. In number E2, when you say abutting residential, do you mean -- for example, we're going to have Page 36 5 August 17, 2006 mixed use, we're going to have a lot ofthings that are going to include residential. Are you really referring to single-family and duplex townhouses, or are you referring to all residential? MR. JACKSON: All residential. COMMISSIONER SCHIFFER: So everything, essentially, will have residential? MR. JACKSON: Not necessarily. The reason for the change to words, abutting residential, and we took out the designation ofGTMUDR was because parts ofthe Gateway area abut the Bayshore area and we didn't want to designate a bunch more acronyms in there designating the Bayshore residential districts, which there are five. So we just said residential. COMMISSIONER SCHIFFER: Okay. So if you have a mixed-use project, two ofthem side by side, you're going to have a 10-foot buffer, so they're 20 feet apart, right? And then there's a six-foot fence, masonry wall, going down between them. I mean, is that an urban concept or -- in other words, I think the requirement here really would be good to, you know, be between mixed use and single-family duplex use, not between mixed use and mixed use. MR. JACKSON: May we look at that and bring that back at the next reading? COMMISSIONER SCHIFFER: Right. MR. JACKSON: Let me discuss that with the landscape portion of the county department. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Anything else on page 73 or 74? If not -- COMMISSIONER SCHIFFER: One question on 73. Why did you kill child care services in the mixed-use subdistrict? It's a permitted use on page 72 that you want to eliminate. MR. JACKSON: I'm thinking back, trying to go back, because it's a while since we changed that. Child day care services, I'll have to look at the SIC code again, 8351, and read what that criteria is and see what it was that triggered the striking of it, and I'll have you an answer at the next reading. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Mr. Schiffer, anything else? COMMISSIONER SCHIFFER: I'm to the end. CHAIRMAN STRAIN: Okay. I think we're done with Bayshore/Gateway completely till the next reading. Okay. Thank you very much, Mr. Jackson, appreciate it. CHAIRMAN STRAIN: And the next issue was going to be Mr. DeRuntz, but I notice two members of the public here, and I would like to ask if you could just tell us what subjects you're here for so we'll go straight to your subject. MR. HALE: I'm here for the amendment to the Land Development Code dealing with color charts. CHAIRMAN STRAIN: Thank you, sir. Then that's the one we'll go to next because we're here to accommodate the public. And Mr. DeRuntz, if you don't mind. MS. F ABACHER: Excuse me, Mr. Chair? For the record, Catherine Fabacher. This is Mr. Hale. CHAIRMAN STRAIN: Oh, I didn't know. Okay. Thank you. MS. F ABACHER: He's a little more than the public. CHAIRMAN STRAIN: Well, I've never met the gentleman. MS. F ABACHER: Haven't met him, sorry. So did you want to go back to your old order and give him time to -- CHAIRMAN STRAIN: No. We'll go to -- if it's okay, then, if -- Mr. Hale, we'd just as soon go into the color issues on the LDC amendments right now if that works for you. MR. HALE: It surely does. CHAIRMAN STRAIN: Okay. And what -- the procedure we've been following is that we've all Page 37 , j I ) rt'll ~, - 1 C.5 August 17, 2006 read our packages. In an instance where we don't understand something or if we seek additional guidance, we usually ask for information. So before we go into any detailed presentation, I need to find out from the commission if there is anyone that is unclear in what we're dealing with. Ms. Fabacher? MS. F ABACHER: Mr. Chair, Catherine Fabacher, for the record. I think it might be helpful, Mr. Hale has brought the whole -- you got a very bad reproduction. Mr. Hale has brought the whole spectrum of what the charts would be, and I ask that we be able to put them up here for the Planning Commission to see what the product is instead of this poor reproduction I provided. CHAIRMAN STRAIN: Sure. That's no problem. That's great. MR. HALE: Do you have an easel? Oh, up over there. Hold it up like this. MS. F ABACHER: All right. Okay, I know. MR. HALE: I'll do a little talking while you're doing that. CHAIRMAN STRAIN: Okay. MR. HALE: I'm Nick Hale. I'm a scientist in the field of color and appearance. I am on the visual side of this subject even though there's quite a body of science involved in it. The Land Development Code specifies limitations on the exterior facade of commercial buildings, and it says things that are really not very meaningful. The intent is to limit the facade to a small percentage when the colors are very vivid. And in this regard, the present code says that 10 percent of facade is the upper limit for primary colors and secondary colors. These are not meaningful words. This is what we teach kids in kindergarten, but it's not really meaningful. In the field of color, we can take the entire color universe and set it up in a three-dimensional array with the dimensions being hue, lightness, and saturation. I have sampled this three-dimensional array with a series of four charts that represent horizontal sections to the array from light to dark. The idea here is to provide the county and the users, the architects, builders, and commercial building owners with a way to specify what they want and know it's going to pass the county's requirements. It will require changes in the Land Development Code so that we can specify what the limits are. Now, I'm going to go over there where the color charts are so I can point to things. CHAIRMAN STRAIN: Okay. There's a mike over there too that we'll have to ask you to use so the court reporter can take your comments. MR. HALE: Thank you. The first chart represents the light part of the color universe and samples it with 20 different hues. You see red, orange, yellow, green-yellow, green, blue-green, blue, purple-blue, purple, red-purple, and you can see this comes right back to here. So it's really a circular array. Here we go from the neutral gray, and then progressively more saturation. We don't get much saturation in many of these hues because they've reached high saturation at lower levels oflightness. In the yellow and orange region, we get quite a bit. The same sort of thing is here at this level and this level and this level. So how do -- these are loose chips, but the final version will be printed for color process. The way we limit the area for the vivid colors is to take the saturation dimension from bottom to top, as the numbers over here, and put a limit on it. Tentatively I'd suggest that we say that anything higher than eight, the saturation level, that's this level here, anything higher than that be limited to the 10 percent. I'm going to run this past the local chapter of the AlA and get their judgment on it, but I've already spoken to a couple of architects, including Brad, who is on the commission here. Page 38 r lC5 August 17, 2006 I p ,I Now, the eight level, which cut it off right here and right here and right here, you now have a prohibition against black which can be satisfied by saying anything darker than this level here, which is a two saturation level, would be in the no-more-than-l O-percent zone. So it would also include a number of dramatic colors. MS. F ABACHER: Excuse me. Mr. Chair, I'm sorry. Catherine Fabacher, for the record. Nick, I think I'm -- the product is gorgeous. They love it. I think what they want to do is ask you some specific questions possibly about it, if you don't mind. I don't mean to interrupt you, but I've given them plenty of literature on the process. MR. HALE. Okay. Go ahead. CHAIRMAN STRAIN: Thank you, Catherine. That would probably be a good idea. Mr. Murray? COMMISSIONER MURRAY: Yes, sir. I must say, I'm completely ignorant of this. Although I love the color, I really find this challenging. But Ijust -- it occurred to me, do you know, sir, whether or not any ofthese things such as the lightness level or the saturation, which is chroma, whether that's anywhere on any paint can that anyone would acquire? MR. HALE: No, it's not anywhere on any paint can, but the -- by reference to this, the paint companies can, and they will, run all their colors through this, not that difficult, and they'll say, per the Collier County standard, that this color is in the 10 percent or less category or in the category where it can be used over the entire facade, if you wish. COMMISSIONER MURRAY: So would a person who wishes to paint their home come to the county, get a colored chip that satisfies their color interest, and then go to the paint store and buy it based on that? MR. HALE: The user who owns a building or is building a building, would make reference to the code, as he would now, get a set of the color charts, which won't cost a lot of money, from the county, and with the use ofthese charts, select a color, not necessarily from the chart, but anything in between the colors on the chart. He can pick a color from an array in a paint store and say, this is what I want for the entire facade or most of it, and look at this and decide if it's above the eight level, if that's the one we go with, he'll know he can only use it for 10 percent, ifthat's the percentage we go with. If it's below that, he can use it as much as he wants. COMMISSIONER MURRAY: Well, my question is more mundane than that actually. My concern was, you're saying that -- and I read your letter -- that's a person, a citizen -- and I assume this is not just for new buildings. This would be anybody who wants to paint their home, right? MR. HALE: Yeah, uh-huh. CHAIRMAN STRAIN: No, no, no, no, no. It's only under the architectural standards ofthe commercial code as I understand. COMMISSIONER MURRAY: Commercial code. MR. HALE: Commercial. COMMISSIONER MURRAY: Okay. So even in that context though -- CHAIRMAN STRAIN: But I just wanted to say, it's not residential. COMMISSIONER MURRAY: But I thank you for the correction. CHAIRMAN STRAIN: You'll have a lot of people upset if it is. COMMISSIONER MURRAY: But they're now forced to come to the county and pay a fee to get a color chart chip. I just -- I was fascinated by that. And maybe that's appropriate. I don't know. MR. HALE: That's not necessary. That's the easy way to do it. They can go to the paint store. The paint stores will have all of these. You go to the paint store and say, I have a commercial building. I want Page 39 161 1 " " ~.1 5 August 17, 2006 to pick out some colors. They'll say, well, there's a limitation and this is what it is. If you pick -- so you pick the color that's permissible all over the building or is limited to 10 percent. COMMISSIONER MURRAY: Okay. MR. HALE: They don't have to buy anything. The paint stores will have these in a flash. COMMISSIONER MURRAY: Well -- okay. That -- as I said, my question was mundane and it had to do with that, and that's fine. MR. HALE: Yeah. For individuals, it wouldn't be useful really to buy -- I don't know what they're going to cost, 10 or $15. I told Mr. Schmitt not to -- he was willing to give them away. I said, well, what are you going to do for the second week? So you charge enough so that the industry won't take them all away the first day. COMMISSIONER MURRAY: And as I follow up, if! will, I'll question the chair because you're more knowledgeable than I. Do we not have standards again for residential? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: No. You might have private deed restrictions like in your community or others, but -- COMMISSIONER MURRAY: But a person can paint purple if they want? CHAIRMAN STRAIN: Unless you're in a -- I bet you couldn't do that in Lely, but yes. COMMISSIONER MURRAY: I bet you're right. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: Let me just clarify so you understand. First of all, under contract, the county hired Mr. Hale to develop this as a recommendation working with the representatives of AlA, primarily Brad Schiffer and -- COMMISSIONER SCHIFFER: Dallas. MR. SCHMITT: Dallas Disney. Thank you. Gosh, I just lost his name for a minute. And the result here is -- let me just throw this conceptually. All we're doing is creating a go, no-go chart. I'm not saying to someone, you have to use this color. What Nick was trying to do is help define scientifically a go, no-go chart, because -- I'll use an example. Yellow. Somebody comes in and wanted -- and this is the color, one building, they wanted to paint a color similar to this, and staff said, too bright. And the applicant says, well, no, I want this color. And we get into this discussion, is this a primary color. And as Nick says, there's no such thing as a primary color. And we went back and forth for months. So I asked Nick, being that he is certainly a world-renowned expert in color, to help identify or create a chart in working with the AlA, or at least its representatives, to develop simply nothing more than a go, no-go chart. We haven't established the parameters yet, or at least the lines on this chart where you can -- if you exceed it, it is too bright, and I'm not -- I'm using laymen's words, I guess, brightness and hue and -- MR. HALE: You're doing okay. MR. SCHMITT: I'm doing okay. So all this is is a chart that we asked to have developed that takes, again, the subjectivity out of the staffs review, and it says, you're either -- you're in the zone or you're out of the zone, and that's what Nick has created. And it's a -- the Munsell Chart basic, that is a color pinwheel, and it's going to be simply put onto a handout. And then based on our discussions, we will have those handouts made, but if they're made and they're simply in the community development, we'll be making them every week because people will say, these are nice. I'm going down to the local big box and use this to help pick the colors out. So all we're doing is putting on a nominal fee because there will be a fee associated with reproducing these, and there will be a fee, and it will be basically those who tend to use the community Page 40 l'{ fh ~ Jl L') August 17, 2006 development review services, can pick up this color chart and basically use it as nothing more than a go, no-go chart, and that's what it will be. And there will be no argument, again, on the brightness or the other aspects of the color. It will simply -- it will be, you are in the range or you're not in the range. And the range will be established, again, certainly somewhat by committee and in working with the AlA as what is deemed to be an acceptable level of brightness or color or whatever else. And how's that for laymen's explanation? And you can take it from there. CHAIRMAN STRAIN: Thank you, Mr. Schmitt. MR. HALE: You've done very well, Joe. CHAIRMAN STRAIN: We're looking for questions. MR. HALE: Joe's example is florescent, and that won't be permitted, and it's also too vivid. And let me show you how easy it is. You go around here, you say, well, it's lighter than this. Oops, it's up in here. And it's very clearly up around this color, a chroma. So it's very easy to say this, if it weren't fluorescent, would be limited to 10 percent. CHAIRMAN STRAIN: Your microphone was kind of dimming out there, sir. You need to hold it closer to your mouth so -- MR. HALE: Oh, okay. Thank you. CHAIRMAN STRAIN: Thank you. I have just two questions. One is, where's white? I went down to get some white paint to touch something up, and I found 24 shades of white, which I was surprised. So how many shades of white can we have in this county? MR. SCHMITT: Oh, you asked the wrong question. MR. HALE: As many as you want. CHAIRMAN STRAIN: Okay, good. That's all I -- as long as white's not restricted. MR. HALE: The average human can differentiate about 100,000 different colors, give or take a few thousand. So white, where is white? White is way up here. Anything lighter than this will be acceptable, the whole chart, because anything lighter than this will also be down below eight. CHAIRMAN STRAIN: Okay. That's what I was -- thank you. And then the other question I have is, and it's more of a staff question, everybody uses the MUNI code. How are you going to show this on MUNI code? They can't even put your tables on MUNI code, well enough colored charts. Have we figured that out yet? Ms. Fabacher? MS. F ABACHER: Excuse me, Mr. Chair? Yeah, Catherine Fabacher, for the record. We were thinking we would probably put it on our own website. CHAIRMAN STRAIN: Okay. But if you go to MUNI code and you tried to look up the principal and accessory uses and conditional uses right now, they don't say there, go to the county website, here's the link to get that information. They just don't have it. They said, it can't be shown on this site. So I'm wondering -- MS. FABACHER: Yes, sir. It's a problem. We're working on all of that. MR. SCHMITT: The only thing I could recommend, it would have to identify that there's a separate chart and the chart is available to be picked up or -- at community development. And this is -- this would be available as part of the review process. We're the only county -- there's no other county that has even done this and -- CHAIRMAN STRAIN: That doesn't really help me, Joe. MR. SCHMITT: We're the fIrst really to develop this type of chart because it's always been -- you know, the wording now is the primary colors and brightness and then it becomes an argument of brightness. And it's not that we're trying to tell people what color to paint. All we're doing is establishing limits, and that is what we're doing and nothing more. Page 41 y,J ~ '1 C 5 August 17, 2006 It is -- if somebody wants to come in and we get into a discussion -- and certainly Mr. Schiffer is well aware from the architectural, it gets into -- you get into a subjective discussion again as to how bright is bright, and why can't I make my building this color? CHAIRMAN STRAIN: My only -- Joe, I think this is a great thing to have some criteria staff could go by. We just got done with an hour-long discussion on Bayshore saying you need criteria, so you've got criteria. That's a good thing. My only point was, since you can't put this on MUNI code -- and I figured you wouldn't be able to -- I simply wanted to make the point that someone needs to include some way of addressing it so that people looking at MUNI code who -- a lot of us rely on constantly -- know where to go to get -- Catherine's saying it's -- MR. SCHMITT: Well, we would -- I think it would be acceptable to have language in there that a separate chart is -- would be referred to -- COMMISSIONER SCHIFFER: We say that. MR. SCHMITT: -- in some manner or form. We'd have to put that language in, so I think that would work. CHAIRMAN STRAIN: And somehow telling people where to go to find it. MR. SCHMITT: Yes. CHAIRMAN STRAIN: Is there any other questions, Mr. Schiffer? COMMISSIONER SCHIFFER: And Mark, if you look at this, we invented the Collier County architectural color charts, which we reference. I think if -- we don't want to use that, I don't think, the word Munsell in here, do we Nick or -- because these systems are -- you know, it's a standard system, the Munsell system. These members and all that would pertain to that. Would that be appropriate or -- MR. HALE: We can make reference to it. COMMISSIONER SCHIFFER: Right. So that means -- MR. HALE: And I'll be glad to write or edit whatever goes into the Land Development Code. COMMISSIONER SCHIFFER: So that means everybody in the world would know what a color means by the Munsell Chart number system, which is what we wanted to come up with here, is an objective system, it's a numerical system, and there's no question as to what the colors are. There's no arguing over what a word means. CHAIRMAN STRAIN: Okay. Mr. Vigliotti, then Mr. Murray. COMMISSIONER VIGLIOTTI: Joe, if these are posted on the web site, the people could get these at no charge and they wouldn't have to come down and pay, correct? COMMISSIONER SCHIFFER: The color would be bad. MR. SCHMITT: The color would probably not -- again, on the web site, as Nick will explain, you have red, blue, green, and it's a -- kind of a representation. It's not going to be true color. The color -- part ofthe contract with Nick was in helping me get this reproduced by a company that produces color charts. And in actuality, this it part -- when -- you come in with your plan or you come in with a proposal, so if you don't want to have the chart and purchase the chart, the chart will be in the building and available for you to compare so when -- as part -- when you bring in your paint chips. Because as part of the process for review, you'd bring in paint chips or other color representations of what you want to paint the building, and that's part of the architectural review process. And it will be -- you can -- part of the review process, stand right there and compare, and it will either be within the range or out of the range. COMMISSIONER VIGLIOTTI: So then putting the colors on the website will only confuse people. MR. SCHMITT: It probably would because it would not be a good representation of the actual Page 42 ,. j .}b tJ I) August 17, 2006 color chart, because again, it's the three colors on your, you know, your cabaret tube or your -- Nick? MR. HALE: That's -- it's not how you produce the colors. We're talking here about two different modes of appearance. A display of any kind is, in effect, in the illumination mode. You're looking at colored lights. And color charts, you're looking at reflectance colors, that are reflecting light. You simply can't compare them. You can compare them for the hue, but when you get beyond that, when you get into the saturation, the chroma, it really doesn't work. COMMISSIONER VIGLIOTTI: Where I'm going with this, I want to avoid confusion. Ifputting it on the website's going to confuse people, maybe we shouldn't. MR. SCHMITT: I probably would not. I would only say you would -- one would have to come down to community development and either have the chart or -- compare it at community development or purchase the chart because it is -- it would be like you going down to your local hardware store and seeing that whole wall of color samples. COMMISSIONER VIGLIOTTI: No. I'm just trying to avoid confusion, whether it should or shouldn't be on the website. COMMISSIONER ADELSTEIN: Shouldn't be on the website. COMMISSIONER SCHIFFER: You can't do it on the website. MR. SCHMITT: I don't see how it could be on the website. COMMISSIONER VIGLIOTTI: Thank you. MR. SCHMITT: Just wouldn't. It wouldn't work. MR. HALE: The paint companies will have these the first couple of days and -- as an accommodation to their customer, so you won't even have to go down to community development to get them. It's a tool that will hopefully allow the architect to pick his colors with reference to the charts, and the architects will all have them, and know, when he comes down to planned review, that he has a 99 percent chance of getting them approved by the guy in planned review. That hasn't been the case before, and a lot of time has been wasted for its builders and architects, building owners, and so on. The idea here is to have a tool everyone can understand, they can use, and the approval shouldn't take more than five minutes once the planned review guy looks at it. MR. SCHMITT: And if I could explain. Normally it's not the architect that's -- the architect is working for the client. That's normally -- a color is a form of advertising. That's why we -- you know, different big boxes out there have different colors which are recognizable. You'll have a firm come in and want a certain color because that's a nationally used color, and then they'll come in, the architect or the AE firm comes in and says, well, this is the color we've got to have, and then -- and we get into this discussion, well, you can't have that in Collier County. It's prohibited. Well, we want it. You can't. And all this is going to do is provide a tool for the architect to turn to the client and say, here's the acceptable range and -- but also understand -- and I'm going to turn to Brad because I don't have the book in front of me, there are -- this -- there are a couple different bands. There's the entire building, then there are trims. The trim is -- certainly, you can have trims go into a different range and you can use some of the colors that are prohibited for the massing of the building. But the trim colors can be in another range, and that's -- they usually try and use the corporate colors and -- usually in the trim. COMMISSIONER SCHIFFER: Ten percent. MR. SCHMITT: Ten percent. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: Just offhand, two things, by any chance the Munsell color system a copyrighted item, or is that open -- is that available to the public? Page 43 161 " ~ 5 .l. 'l'; , . August 17,2006 MR. HALE: No, it's copyrighted. COMMISSIONER MURRAY: So then reference to it might have some issue. I don't know whether that can be incorporated in something -- MR. HALE: The name Munsell is copyright. I used to be president of the Munsell company, so I'm quite familiar with it. COMMISSIONER MURRAY: I'm sure. What I'm driving at though is a reference into-- MR. HALE: Yeah. COMMISSIONER MURRAY: -- I don't know whether that violates anything. MR. HALE: Munsell, and put the little copyright symbol after it. COMMISSIONER MURRAY: Okay. And the other question is, could you show me by pointing to where on the chart, say, Home Depot's color would be? COMMISSIONER SCHIFFER: Who knows? MR. HALE: If you'll give me Home Depot's color, I'll be glad to. COMMISSIONER MURRAY: That proves a point. I'm not sure what. But -- and I was looking at that trying to figure out -- because I have a vague recollection, just like you would, of what the Home Depot color would look like, and I can't seem to find a match over there, but -- COMMISSIONER ADELSTEIN: Good. COMMISSIONER MURRAY: Okay. If you cannot, that's find. I would just -- that would be something for another time. CHAIRMAN STRAIN: Are there any other questions involving the-- MR. SCHMITT: Again, it's not a match though. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: If Munsell goes broke and they're nonexistence, are we all out of luck again? COMMISSIONER SCHIFFER: No. COMMISSIONER CARON: No. COMMISSIONER TUFF: Or is that a standard -- MR. HALE: Let me answer that. Munsell is a represent -- three-dimensional representation. What we're doing is taking Munsell color chips. We don't need any permission for that. COMMISSIONER MURRAY: Okay. MR. HALE: I have two books that have 1,600 color clips. Here we have 400 which I've selected. No matter what happens to the Munsell company, we have this tool here and it belongs to us. It belongs to me, and I have copyrighted this. So we'll have that no matter what happens to anybody else, and you will have a license to use it forever. CHAIRMAN STRAIN: Okay. Are there any other questions? COMMISSIONER ADELSTEIN: Yeah, that's a nice idea. COMMISSIONER SCHIFFER: Just one comment while we're here, and that's to Catherine. Catherine, when you print out the next versions of this, based on the Munsell system, you can't use a color less than number two in lightness, okay? That green was really dark we got the last time. This isn't a serious comment, Nick, so don't -- MS. F ABACHER: Catherine Fabacher, for the record. I'll advise that. And I wanted to kind of direct the commission to page 162, which is kind of the -- that Nick referred to as the meat of the thing, exterior building colors, under I. It says the use of -- and I might recommend we change it to color materials, or finish paint above level eight saturation or below level three is limited to no more than 10 percent, okay? So what Brad's asking to do is to change level -- COMMISSIONER SCHIFFER: No, no. I'm asking you, when you submit us things -- when you Page 44 , /. ; r: l~ -J August 17, 2006 send us these green things that are really dark paper -- this is a wisecrack -- you submitted these dark paper green things, and just make sure that stays below -- MS. F ABACHER: Sorry. I didn't realize you were making a joke. Sorry. I was taking it all senous. CHAIRMAN STRAIN: Are there any other serious questions? Ifnot, we certainly thank you for your time, Mr. Hale, and for the ability to use these colors. It will be helpful. MR. HALE: My pleasure. CHAIRMAN STRAIN: Thank you very much, sir. MR. SCHMITT: Thanks, Nick. CHAIRMAN STRAIN: Now, we will move on to the Copeland overlay, which is page 75 in our booklet today. Michael, I think we've all got this overlay, and we've all read it. It's got a chart and map with it. So with that, I'd like to ask that the Planning Commission just ask you questions -- MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: -- and we'll work the program that way. MR. DeRUNTZ: Thank you. CHAIRMAN STRAIN: Unless the commissioners have an objection to that. And the first page we're starting with is page 75, which is basically your staff request, and then the actual language is on page 76. Are there any questions from 75 or 76? Michael, I have one. COMMISSIONER MURRAY: I couldn't think of any. CHAIRMAN STRAIN: The applicability. It talks about the overlay is applicable to areas which are in private ownership and located within the urban designated lands on the Collier County Future Land Use Map. If you look at the Copeland urban area that you've provided us, it's far greater than the overlay that's shown on page 77. And so really you're only utilizing a portion of the urban area; is that true? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. I'm just wondering if you want to make it applicable to that area as described or if you need to -- I guess it is, it says boundary delineated in the map below, so -- okay. I was wondering on that map, you have a C-3-ACSC/ST area to the north side of the entry road to the Copeland area. Why isn't that piece in -- since it is C-3, why isn't that piece in the overlay? I checked on the web, and the guy that owns that is the same guy that owns the property immediately to the south ofthat same piece. Why did that one piece get excluded? MR. DeRUNTZ: Because we were looking specifically at the residential component ofthis urban area, where this was commercial. CHAIRMAN STRAIN: Okay. That's a good reason. I just wanted to know. Any questions on page -- on the map on page 777 (No response.) CHAIRMAN STRAIN: Page 78? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Go ahead, Mr. Murray? COMMISSIONER MURRAY: I have under C, bottom of that paragraph, where code is to submit an EIS for review by Collier County. If these are all subdivisions, these family dwelling lots, why would we be asking EIS to get involved? Page 45 t''': 'li: :.? ~ u "'j C' '\~n' .r,... J.. . August 17, 2006 that -- MR. DeRUNTZ: Because it is this area of critical state concern. This is a mandated requirement COMMISSIONER MURRAY: Okay. All right. That does -- yeah. MR. DeRUNTZ: That applies to this area. COMMISSIONER MURRA Y: That puts it back in perspective for me. Thank you. CHAIRMAN STRAIN: Is there any subdivisions existing down there that you know of, Mike? MR. DeRUNTZ: No, sir. CHAIRMAN STRAIN: Okay. So if someone were to come in and want to create a subdivision, they'd have to provide an EIS? COMMISSIONER MURRAY: Yes, that makes sense to me now. MR. DeRUNTZ: We have, as part of the -- excuse me. Mike DeRuntz, zoning and land development review. As part of the application, the county did contract and get an EIS prepared for this -- the overlay area, and this is -- will be a resource for all those people down there when they do come in and do apply for a building permit, that they can utilize this as a tool to determine, you know, if there are wetlands on their property. CHAIRMAN STRAIN: Okay. Mr. Adelstein, you had a question? COMMISSIONER ADELSTEIN: Are there any multi-family units in this area? MR. DeRUNTZ: No, sir. COMMISSIONER ADELSTEIN: Not at all? MR. DeRUNTZ: No, sir. COMMISSIONER ADELSTEIN: Okay. That's fine. CHAIRMAN STRAIN: The EIS that was prepared is actually for an area greater than the overlay. Why would the county want to do that if the county paid for it? MR. DeRUNTZ: It was -- it was for the overlay area. CHAIRMAN STRAIN: Yes, it was, but it went beyond that, too. Was that the intention? MR. DeRUNTZ: I'm not sure. CHAIRMAN STRAIN: Because we've actually benefited some other property owners that aren't part of the overlay, and I was just wondering if there was a need to do that. MR. DeRUNTZ: Maybe that could be addressed by Cormac Giblin on that, or Joe. CHAIRMAN STRAIN: Is that Corn1ac? COMMISSIONER ADELSTEIN: Yeah. He's been back there all day. CHAIRMAN STRAIN: Cormac, I've seen you back there. You look different. You either cut your hair or you tried to grow a beard or something. COMMISSIONER ADELSTEIN: Both. CHAIRMAN STRAIN: Wow. MR. SCHMITT: Again, for the record, Joe Schmitt, community development/environmental services division administrator. The area of the EIS was depicted based on the requirement -- and I'm trying to recall -- it was from the state because -- or was defined by the GMP as well. I can't remember why we had to go beyond the noted area, but it had to do with the conservation and the area of critical state concern. Actually what this issue is is nothing more than correcting what had been termed to be an error on the future land use map. When Copeland was identified, it was identified -- the areas were identified, and it -- my understanding, at least talking to David Weeks, that the area -- we're trying to basically correct a wrong here so we can identify Copeland as the village residential rather than the area of critical state concern. But it's now identified as the state, so we had to expand the EIS so we could clear this through the Page 46 ,0;\ , 4 t) IJ 1 C5 1 August 17, 2006 state. And in fact, there was CDBG dollars, community development block grant dollars that paid for this as part of this process. CHAIRMAN STRAIN: And I understand that. And I think the intent was that those people that were going to be falling under the overlay would benefit from the CIS, and that was -- MR. SCHMITT: That's correct. CHAIRMAN STRAIN: -- part of the reason why the overlay got applied to them in a manner that, I think, is compatible with what they've already got down there. And my original question today was, why did we not include that C-3 in the overlay? And you all told me it wasn't C-3 on its own; it didn't need to be. Yet the C-3 was included in the EIS, which now that property owner wouldn1t have to pay for EIS when he comes in. I'm wondering why he -- he benefitted from the public funds used to supply the money for the EIS when he's not in the overlay. MR. SCHMITT: Yeah. It was a certain distance off the boundary. And this -- the property -- CHAIRMAN STRAIN: No, it wasn't, Joe. I got it right here if you want to see it. MR. SCHMITT: I've got to look at my notes, Mark, because -- CHAIRMAN STRAIN: Yeah. Well, could someone look into that and just come back with an answer on the second hearing? Because I've got the -- I've got the EIS in front of me. It clearly shows it was limited to the boundaries that specifically included that C-3, and I'd just like to know why that fellow got the benefit of it. MR. DeRUNTZ: I'll get that information for you. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Mark, I would like to return to that issue then, because I reread it and became more familiar again. If the area had already had an EIS, why would we want to require that another review be made by a particular -- in a particular development plan if it -- I'm not sure why that would work. Why would that be needed? Didn't I make myself clear in the question? MR. DeRUNTZ: Well, I understand what you're saying. And it would depend on the depth of the development, if it was, you know, a single-family lot and it met the criteria that is set up by the area of critical state concern. Our staff can review this and approve it, but it still needs to go forward with the state to get approved as well. COMMISSIONER MURRAY: All right. Thank you. CHAIRMAN STRAIN: Okay. Page -- well, we were on page 78. Let's move to 79. Anybody have any questions on page 79? Mike, I've got a few. A, little i, a, recreational vehicles and equipment may not be used for living, sleeping or housekeeping purposes when parked or store. Okay. So that means when they're driving down the road? I mean, there isn't anything left. So maybe a period after the word purposes would be sufficient? I mean, it doesn't leave much else. MR. DeRUNTZ: All right. CHAIRMAN STRAIN: Okay? Ifwe could do that. B, I'd like to know why you limited it -- I mean, I don't have an issue with it. I was just curious how 35 feet was chosen as a limitation as to whether or not, in the manner in which it's stored. MR. DeRUNTZ: Well, this language basically came from the Goodland overlay also. We were -- CHAIRMAN STRAIN: This is the Goodland overlay, isn't it? MR. DeRUNTZ: No, this is Copeland. CHAIRMAN STRAIN: Copeland, I'm sorry, yeah. MR. DeRUNTZ: And they wanted a similar type language, so that's what -- we borrowed that Page 47 i'. ~i. ,:\ ~ ..i~ U : (\ ~ ,A., lJ J August 17, 2006 language. So that was why they had the distance or length specified. CHAIRMAN STRAIN: I was just curious. I was just wondering why 35 was chosen. Basically in number c, ifit's over 35 feet, then it falls under the LDC, which means it's got to be undercover in the rear yard. Is that what the intent was? MR. DeRUNTZ: Yes. CHAIRMAN STRAIN: And under d, little double i, it talks about commercial vehicles greater than 35 feet shall be prohibited. Is that, again, because it was used in Goodland; is that the reasoning? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: You know, I live in Golden Gate Estates. I sure wish we had something like that. We're -- every time we try to do something like that, we're told it can't be done, but I think I can see differently now. Any questions on page 80? COMMISSIONER MURRAY: I did have one question on 79. CHAIRMAN STRAIN: Sure. Go right ahead, sir. COMMISSIONER MURRAY: On b, the lowest one down there, keeping animals/fowl, what was the basis of the number? Was that based on animal husbandry or what, just arbitrary? MR. DeRUNTZ: The acreage? COMMISSIONER MURRAY: Yeah, how many you can keep per acre. MR. DeRUNTZ: And the number? That comes out ofthe Estates. CHAIRMAN STRAIN: I was just going to say. That one you took from the Estates, didn't you? COMMISSIONER MURRAY: And that would be the same thing, they would -- do these folks -- I mean, we don't want them to start a poultry farm necessarily. MR. DeRUNTZ: Correct. COMMISSIONER MURRAY: Okay. I was wondering. CHAIRMAN STRAIN: Okay. And then as a follow-up to page 80, there was a sheet that was attached as page 1 of 2, and it was a Copeland area rezoning area issues meeting. Do you have that, Michael? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. About the second bullet, last line, it says -- and it would seem to be the only one that wasn't answered. Number of existing nonconforming lots in the Copeland urban, and it says equal, and there's nothing there. Did anybody do a takeoff to see how that applies? MR. DeRUNTZ: There -- no, sir. That hasn't been done. CHAIRMAN STRAIN: Okay. Ifwe don't know that and we're implementing this overlay, do we know how it's going to negatively affect any existing parties there? MR. DeRUNTZ: Actually, the -- in the conservation area that would go to VR, it would not impact any of those. But I'm not -- I'm not sure within the VR area. I could look into that a little more and try to get an answer for you. CHAIRMAN STRAIN: Well, I'm concerned that if this goes through, we all ofa sudden create a whole pile of people that are in violation of our codes, and that would not be a really good thing for a community that's existed as long as that. Mr. Tuff? COMMISSIONER TUFF: When I was reading that, I thought that was the intent because I mean, you've wiped out most of that community if you -- if this gets in there, there's not anybody going to be there anymore. CHAIRMAN STRAIN: Well, that's why I was asking the question, because if we -- COMMISSIONER TUFF: That's everybody. Page 48 L ! (i5 August 17, 2006 CHAIRMAN STRAIN: Ifwe establish the impacts and the impacts are to make these people inconsistent, we have a more serious problem than they have now. MR. DeRUNTZ: Well, they -- in the VR district that's existing, if those lots are under that size, they would be nonconforming lots as it is. So we're not changing the area of a single-family residential lot. CHAIRMAN STRAIN: Okay. So-- MR. DeRUNTZ: So any existing lots that are out there that are under that 10,000 square foot for a single-family -- or 6,000 square feet would be existing nonconforming as it is. CHAIRMAN STRAIN: That's what spurred my question is the line that I pointed out, because it doesn't have a number there, so it made me assume that you've not found any that were nonconforming yet based on my visit to the place -- and I know Mr. Tuffs comment now -- it does appear that the whole issue is, there's a lot of people down there that are nonconforming. MR. DeRUNTZ: Well, I'll try to clear that up. CHAIRMAN STRAIN: So if you could just clear that up, it would help. MR. DeRUNTZ: I'll be glad to. CHAIRMAN STRAIN: I don't want to put anybody in a position where we've created a code to fix something and it actually hurts them more than it fixes for them. MR. DeRUNTZ: Understood. CHAIRMAN STRAIN: So anybody else have any issues with the Copeland one? (No response.) CHAIRMAN STRAIN: Okay. MR. DeRUNTZ: Thank you very much. CHAIRMAN STRAIN: Thank you, sir. CHAIRMAN STRAIN: And the last-but-not-Ieast item on today's agenda -- and I'm going to let Mr. Kolflat have this one -- is our acronyms and abbreviations, and it starts on page 1 and it goes to page 2B. It started out as only one page, and Mr. Kolflat has expanded it many times so far. COMMISSIONER KOLFLA T: Let me pass on a paper to you, Mr. Chairman. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: And also to Catherine. I don't have enough for all the members, but -- COMMISSIONER SCHIFFER: Put one on the visualizer? COMMISSIONER KOLFLA T: Maybe Ray can put one on the visualizer. CHAIRMAN STRAIN: Ray, could you put this on the visualizer for us to be able to discuss? Thank you. MS. F ABACHER: Is this the one you have, Ray? CHAIRMAN STRAIN: Yeah, I just gave it to him. COMMISSIONER KOLFLA T: Let's skip the first two, the community development environmental services and DSAC. All of the others underneath there I've listed the acronym and then the name of the acronym and then the pages in the amendment under which the acronym is referenced or appears. And my suggestion is that they all be included in the index so that when you come across that acronym you will have an opportunity to identify what it reflects. Is there any problem with that, of just giving that to Catherine and having her do that? CHAIRMAN STRAIN: No. I think that's what we're here to do. MS. FABACHER: For the record, Catherine Fabacher. Mr. Kolflat, you ran this in MUNI code to see how many pages it appeared on? COMMISSIONER KOLFLA T: I went through it. Page 49 161 Ie i~~, ~ August 17, 2006 MS. F ABACHER: My goodness. You need to come work for me. COMMISSIONER KOLFLA T: When you read it and you hit that acronym and you're not familiar with it -- MS. F ABACHER: Excellent. COMMISSIONER KOLFLA T: -- which I was not familiar with, I ran immediately to the list to identify it and it stopped me. MS. F ABACHER: That's excellent. CHAIRMAN STRAIN: Mr. Adelstein, did you have anything? COMMISSIONER ADELSTEIN: Yes. It seems that they have two versions of this. And my question is, why? If they have two versions, it's tough enough. But if we have only one, we might be able to get it straight and it would not be as confusing as it is. CHAIRMAN STRAIN: Two versions of what? COMMISSIONER ADELSTEIN: Well, it says that there are -- well, there's two different versions on FLUCCS, FLUCCFSES. They're the same thing, but there are two different versions of what that is. There's no reason for us to have two, I don't think. It seems to me that two makes it a very difficult situation. One, at least we now know what it is, and we should be dealing with just the one item. MS. F ABACHER: Catherine Fabacher, for the record. That's a very good point, Mr. Adelstein. I've talked to environmental about that, and that's how this whole process began because they did put it -- leave it without the F. And they said, oh, well, that's the way they pronounce it in the departrnent, such and such. I said, we need to be consistent in the code. COMMISSIONER ADELSTEIN: Please. MS. F ABACHER: So every amendment that comes to me, we have now determined -- this is how this whole amendment began on the abbreviations, that it will be FLUCFC, whatever it is, and that's the way it's to be stated. So I've tried to go through the code and take out the ones that weren't the same. COMMISSIONER ADELSTEIN: Thank you. MS. F ABACHER: The other comment I'd like to say on the sheet that I've provided that was green that was crossed out -- and Mr. Kolflat's done an excellent job. But the suggestion of some ofthe staff members was that we not put in terms from the -- of the zoning districts because they felt -- staff felt -- if it's your preference to do it, we will, but staff felt it was redundant because as far as the acronyms for all of the zoning districts, that appears in chapter 2, more specifically 2.03.00. It shows the name, rural agricultural district, the acronym A, and then it begins to explain the whole district. And so staff thought it was redundant to put it in the abbreviation table. But if it's your wish to keep it in -- CHAIRMAN STRAIN: Catherine, that statement applies to every one of these abbreviations. Somewhere in the code in the first time it's used, the abbreviation is identified. So if you apply your theory there, then we don't need an abbreviation chart. So I think, just as Mr. Murray pointed out in the Bayshore thing, MH is shown. Someone's not going to know necessarily to go back and look at zoning category. They would go back to this abbreviation table. And I think it needs to be as complete as possible with everything included that's abbreviated. MS. F ABACHER: That's fine. If that's your direction, that is not a problem. The only other thing that we had there was some things like -- that have been in here like -- what were they? PPL, plans and plats. That's an abbreviation used in internal house documents and not in the code. So staff felt like, if they're things that we just use internally to refer to in CD plus to what we got, what the product was, that we're just going to use, that we didn't -- we thought it would be confusing to put it in. CHAIRMAN STRAIN: Catherine, this is attached to the -- part of the Land Development Code; is it not? MS. FABACHER: Yes, sir. Page 50 1~ 6 I I r' u rr- ~~'\\ ,"",j' August 17, 2006 CHAIRMAN STRAIN: Okay. Then only the abbreviations relative to Land Development Code should be in here. MS. FABACHER: That's why some of them are crossed out, sir. CHAIRMAN STRAIN: Right. Mr. Murray? COMMISSIONER MURRAY: Yes. And if you look at the -- on page 1 where you see BD is crossed out, which stands for boat dock petition, typically when we see one it's called BD, blah-blah-blah-blah-blah. So what -- are you not going to call it BD anymore? You're going to call it boat dock? MS. F ABACHER: Well, sir -- but that's not referred to in the Land Development Code that way. That's just the way that we -- the nomenclature we use to identify which land use petition it is and what it deals with. COMMISSIONER MURRAY: I appreciate that. MS. F ABACHER: Okay. COMMISSIONER MURRAY: But should they not -- should you not have that available to -- all right. Look, I saw a lot of these that I thought -- I thought that they probably should remain in, but I guess staff believed that agriculture doesn't need to be in there or-- MS. FABACHER: Well, no, excuse me. Excuse me, sir, Catherine Fabacher. The Chair just directed that we leave those zoning classifications -- COMMISSIONER MURRAY: Oh, he directed? I didn't hear that. MS. FABACHER: We're leaving those in. COMMISSIONER MURRAY: I was preoccupied by trying to come up with my question, I think. Okay. Thank you very much. MS. F ABACHER: Okay. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yeah. The last 11 of this list I just gave you did appear somewhere in the amendments we've been reviewing, so they are referenced in the amendments and, therefore, I think they definitely should be included in the index listing ofthem. Now, the first two I'm not quite sure of because of -- whether they should or should not be in. You'll note that there's nothing in the Land Development Code that references CDES, but it's such an integral part of the whole process, I didn't know if that would be helpful or disruptive. And the same applies to DSAC. So those two are not in the land amendments at the moment, but whether they should be in the index is a question I put to the committee. CHAIRMAN STRAIN: You know, it would be simpler -- if we started making the preface to the Land Development Code for acronyms containing anyone and all of them that we could come up with, we could find duplications in other documents that don't fit the use in the Land Development Code. I think if we're going to use it for the Land Development Code, it ought to stay with the LDC, and then if we want to have staff at some point provide us with a separate short list for boat docks or other abbreviations, then that might be something for the Planning Commission to have in their notes. But I would think we want to keep the Land Development Code as pure as we can. COMMISSIONER KOLFLA T: So the only ones that would have the index would be those that are in the Land Development Code? CHAIRMAN STRAIN: Right. COMMISSIONER KOLFLA T: I would agree with that. CHAIRMAN STRAIN: Okay. Good. Then any other comments? I have one. I notice that NAICS has been added as an acronym, N-A-I-C-S for the -- I forgot what it stands for, but it's a compare -- MS. F ABACHER: NAICS. Page 51 161 ,. '?"'" ,J August 17,2006 CHAIRMAN STRAIN: NAICS, whatever you want to call it. And I guess it's of Mr. Schmitt. He looks up. Oh, no. The county tax assessor's office uses NAICS, NICKS (sic), whatever you want to-- MS. F ABACHER: NAICS. CHAIRMAN STRAIN: NAICS. It's going to take a while for me to catch on with that. And I notice some of the other departments in the county are using it because it's a much better-defined, well-deserved modernized code. In fact, if we'd be using it, it would solve a lot of discussion maybe on refinements to uses that are going in particular zoning districts because it breaks everything down to such a fInite level. Why can't we convert this county CDES department over to the NAICS -- MS. F ABACHER: NAICS. CHAIRMAN STRAIN: -- NAICS version instead ofthe antiquated SIC? Because the rest of the departments are starting to use it. And I'm wondering why we can't do the same thing. MR. SCHMITT: I'll defer to Catherine. MS. FABACHER: Catherine Fabacher, for the record. MR. SCHMITT: I've not looked into it. CHAIRMAN STRAIN: Oh, I'm sorry. MR. SCHMITT: I'm going to defer to Catherine, or Ray. MS. F ABACHER: Just -- I've been using them for years, but they came up with the NAICS many, many, many years ago at the census bureau, and they haven't really put it into effect because we are no longer an industrial economy; we're a service economy here. So they spent years trying to define all of these different little, you know, subsections of manufacturing, and now sadly we're not a manufacturing country really; we're a service sector country. But we could do that if you want. But generally speaking, it's not been adopted by most people because it's -- CHAIRMAN STRAIN: City of Naples, City of Marco. I mean -- MS. F ABACHER: Are they using it? CHAIRMAN STRAIN: I thought they were the last time I checked. I'll check again. Tax assessor. MS. F ABA CHER: Well, we can do that if you want. I'm just trying to explain exactly in the profession how it's -- that we still rely on SIC. MR. BELLOWS: For the record, Ray Bellows. The county had, a couple years ago, looked at adopting that, and there were some issues that arose then. The zoning director's familiar with that. And I can get you an update on the reason why we still are using the SIC. CHAIRMAN STRAIN: I'd like to know what that is. COMMISSIONER ADELSTEIN: Yeah. CHAIRMAN STRAIN: Thank you. Okay. I think -- any other questions on acronyms, abbreviations? No. Boy, I think we've wrapped it all up. And this would -- COMMISSIONER MURRAY: Adios. LGH, let's go home. CHAIRMAN STRAIN: -- end the first reading of the Land Development Code cycle one. Yes, Ms. Fabacher. MS. FABACHER: Excuse me, Mr. Chair. Catherine Fabacher, for the record. Should we make-- we need to continue to one of these dates for our next -- CHAIRMAN STRAIN: Is the second hearing be continued, or do you readvertise for the second hearing? MS. FABACHER: Well, we can readvertise, but I think we need to essentially decide on a date. We've readvertised a second hearing for the 23rd already. That's run in the paper, so it's within legal limits to the 29th or the 30th, or we can run another ad if you'd like. CHAIRMAN STRAIN: Catherine, stop for a minute. Mr. Klatzkow, the second hearing, is it to be Page 52 i ~ 1 "\ ~ l.; ;(ugust 17, 2006 a continuation of our first hearing or is it to be advertised as a separate new hearing? COMMISSIONER ADELSTEIN: Second hearing. MR. KLA TZKOW: It's advertised as a separate new hearing. CHAIRMAN STRAIN: And are we advertised for the 23rd at this point? Okay. So the 23rd's the next meeting. I don't know if we can continue the meeting that we are not at to the 28th until we get to that meeting. MS. F ABACHER: Okay. I'm sorry. I mean, I thought maybe we could poll and see who can make the 29th and who could make the 30th. If you want to do that at a later point-- CHAIRMAN STRAIN: Well, I thought we already agreed the 28th, 29th, and the 5th of September are all potential dates. All of us had already weighed in. Well, we'll do it again. MS. F ABACHER: The 29th and 30th. CHAIRMAN STRAIN: Okay. Well, the 28th-- MS. F ABACHER: No. Excuse me, sir. It's only the 29th and 30th. CHAIRMAN STRAIN: Yeah, I'm sorry. The 29th. Who cannot make it on the 29th? COMMISSIONER TUFF: (Raises hand.) COMMISSIONER ADELSTEIN: We're talking November the 29th, right? COMMISSIONER SCHIFFER: I think I'll make it. CHAIRMAN STRAIN: No. We're talking about next week, August. COMMISSIONER VIGLIOTTI: August 29th and August 30th. CHAIRMAN STRAIN: Right. Let's start with, back to the 29th. Who cannot make it on the 29th of August? COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: One, okay. Who cannot make it on the 30th of August? Everybody. Okay. We're all set. MS. F ABACHER: All right. Thank you, sir. COMMISSIONER SCHIFFER: Mark, a question? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: Is there a way we could organize what we're going to be reviewing those days, schedule people? I mean, it's convenient for us. It's probably convenient for staff, too. CHAIRMAN STRAIN: Well, I think if -- Catherine, if I'm not mistaken, the boat canopies will start, and then we'll probably go into the same pattern we've already followed with the -- I think it was the environmental issues that came up first. MS. F ABACHER: Yes, sir. CHAIRMAN STRAIN: And we'll follow the same issue we had because that seemed to be the most relevant to the public. MS. F ABACHER: And if you would like, I could put together a schedule. COMMISSIONER VIGLIOTTI: Could you, please? CHAIRMAN STRAIN: Yeah, and email it out to us. MS. F ABACHER: And I -- and parenthetically, I think the boat canopies -- I've had a lot of response. I think that might consume that whole meeting on the 23rd. COMMISSIONER ADELSTEIN: There will be a lot of people here. MS. F ABACHER: I know you got a huge packet with past history to review, so -- COMMISSIONER SCHIFFER: Interesting. CHAIRMAN STRAIN: Okay. So that-- COMMISSIONER VIGLIOTTI: So the 23rd -- just to recap. The 23rd's going to be boat canopies? Page 53 ;?! ""., r-~j ,: ./ ...s:.i/ ."'" August 17, 2006 CHAIRMAN STRAIN: That will start the meeting, yes. MS. FABACHER: 5:05. CHAIRMAN STRAIN: Okay. Well, ifthere's no other business, we'll adjourn this meeting. Thank you. * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :40 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INe., BY TERRI L. LEWIS, NOTARY PUBLIC. Page 54 J _v.uu Ji\~ V~~.l~UO LULL! Et{ COl;i\TY .~ ,M I "~'c) @ 002/002 AGENDA lC6 J COLLIER COUNTY CONTRACTORS' LlCENSING BOARDFiala DATE: SEPTEMBER 20,2006 Halas TIME: 9:00 A.M, Henning Coyle Coletta . ' W. HARMON TURNER BUiLDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANf PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Will NEED A RECORD OF THE PROC:::EDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. L ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: August 2006 V. DISCUSSION: VI. NEW BUSINESS: Kenya Occhiuuo - Request to quc:lify a 2nd entity. Henry J. Walker - Request to qualify a 2nd entity. Sam Shamlr - Request to be granted a Residential Contractor license based 0'1 highest lest score. VII. OLD BUSINESS: Paul Bowersox D/B/A Trojan Pools. Inc. - Review of the sanctions imposed by the Board on May '17, 2006. Viii PUBLIC HEARINGS: IX. REPORTS: X. NEXT MEETING DATE: Friday, October 20, 2006 Development Services Center 2800 N. Horseshoe Dr., Room 610 Naples, FL, 34104 Mise. Cor*: O*~ ltem#:~ ~I) . .....,.Il~1..l LI\ l..Ulil\j 1 t [4; 001/002 COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOH'S :..rCENSING 2800 N. Horseshoe Dr., Naples, Florida 34104 Phone: (239) 403-2432 FAX: (239) 403-2469 DATE: 9-/~-t/& fA(~' Jj11yIM" R, fC'D COpy Df f-H (fJY FC JC , 6/ lCh CONTRACTOR'S LICENSING FAX (239) 403-2469 TIME: ,/ {) : / tJ !J-J~ FAX NUMBER: 774/ - "3 c; Cl :L..- TO: Dei v1J ~~ c~ Fl~l/DEP ARTl\1ENT: Il:+fJfh D.e--L ~-"- CITY, STATE: FROM NM1E: ......~A- -e.. W r ~ ~k ~ DEPARTMENT: ~4 , L t~ . TELEPHONE:_--2: -3 9 L/d.3 - ;;2(/3;2- TOTAL PAGES INCLUDING COVER SHEET: 2-- af 'I: t1tJ ~ · 1\ J- ' ~1!lI:' ~ a. ~ - ~ C it l rri""""'l 1: . I /lr -j- :;LO ,.H " ......... rr. '" a - v.....- '.'-, t". wI. ',,,, -111 u..r~a ~ - !J~. /&; ~ SPECIAL INSTRUCTIONS:-1C -€A.S:-./L !!l!tQ..: ~ (!~ov-- ,{L~'-'~l~ ~o<>-r-d K.af~ r jc~v...b.e.--__~ /0:?'~J.I4- ~ .JJe. Add.. "'+ ~ t ~~"'tc.J s;,-tz;~.-:- a.,,,..;"''"-r- - ~-rtJ () U. HCH-r.e. S'k~ ']l;., ;kOC'flL to ,I l AJ4L-R-5 I rL 31f/tJ~/ f V f , C " If U . MI liIIIIt..o..A..-.- w.......~ . I I~ .j t, .y .~ V oting Members Present: V oting Members Absent: (Excused Absence) Non-Voting Member Organizations Present: y 161 1 Ct,,7 , 1:; . /~" -- , COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE f":jl_ .$,' 1);":(1 '0rfj' ~. ~ . ..leI.,. August 16, 2006 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Jerry Sanford, Collier County Fire Chiefs Association James Elson, Collier County Veterans Council Floyd Chapin, Commu?i~y ~mergency Response -y..~~~Bteers v' Doug Porter, Naples CIVIl AIr Patrol Halas - _ Gerry Sugarman, RSVP ~1I,"ning::: ~ ;:: -= 1 ",oyle Reg Buxton, Greater Naples Chamber of CommerCQlatta -~/ - Lt. Nancy Reed, Collier County Sheriff's Office --,._- Russell Rainey, Community Emergency Response Team Deborah Horvath, American Red Cross Captain Alejandro Castillo, Salvation Army Emergency Management ARES Health Department Neighborhood Watch Group East Naples Fire District Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion made to accept the minutes of the July 19,2006 meeting made by Floyd Chapin and seconded by Jim Elson. Approved unanimously. Threat Update Jim von Rinteln gave threat update in the absence of Sheriff's Office representative. Discussed the thwarted attack on the airlines out of Great Britain to the United States. Along with that, came travel advisories and precautions. There is a handout in Emergency Management that outlines what you now cannot travel with and some suggestions as to how to compensate with the new restrictions. Jim's wife traveled from the D.C. area to Florida on Saturday with no problems. The scrutiny is from outside the country into the United States. We all need to redouble our efforts and our guard to make sure we travel safely. With the conflict in Lebanon, this raises concern with people looking to cause trouble anywhere they can, With the upcoming September 11 th 5-year anniversary, this underlines any threat. As far as a weather update, Jim V. said it appears to be somewhat quiet on the horizon; however, the season has just started, with the height of the season coming in mid-September. Per Rick Zyvoloski, there is nothing going on in the tropics right now. As a reminder from Jim VMill'QlIII:Ie Andrew hit Florida August 24, 2002, so we need to keep watching the tropics. I ) J { Date: 0 (b C Ie> , , Item#:~ ~I (C ~ Copies to: 161 Ie? Collier County Citizens Corps Advisory Committee August 16,2006 Page 3 New Business Mass Migration Information Per Jim V., a meeting was put together with key players when Castro's health was deteriorating in order to review mass migration and mass migration contingency plan. What do we do if all the Cubans start heading north, as well as any other situations. Met with the Sheriff's Office, Coast Guard, Health Department, EMS, Fire Departments and EM office. Some people had been through this previously, so we looked at what went right, what went wrong, and what we want to plan for. This was done prior to yesterday morning's incident. 20 people came ashore from Cuba - found floating off Marco in a sailboat and towed to a boat ramp by men who were possibly smuggling them. A person was arrested and the boat was impounded. People rescued included a pregnant woman and a woman with a small child, as well as a number of others who had been at sea for three days. They missed Key West, which was their intended landing spot, and ended up offshore at Marco. They were dehydrated and on the verge of being in trouble. This is an indication that things are picking up. Chief Rodriguez, who was on scene and speaks Spanish, said that many people in their neighborhood back in Cuba were planning to leave. Jim's assessment is that Fidel is sick and in the hospital, his brother is laying low because he figures Miami residents who are former residents of Cuba are looking to "off' him to stabilize things if Fidel dies. Because of this, there is less surveillance in Cuba because things are unsure, and people are taking advantage of this. You should have received a questionnaire from Lisa Resnick, asking what things your organization can supply in the event of a mass migration to the United States and they either land up in Collier County by landing on shore, or an overflow from Miami, Monroe and Broward Counties. We typically pick up a majority of the refugees. As indicated yesterday, sometimes they find their way here. On any given day, Monroe, Dade and Broward Counties have 20 Cubans show up on their shores. It is more unusual for us. However, if we are going to see more of this, we are going to have to think about areas to help them, process them and their needs, similar to a hurricane sheltering situation. Jim V. will get copies of the questionnaire from the office. We are trying to get a handle on what organizations are willing to do. The Red Cross won't necessarily handle the sheltering in a situation like this because they have something in their charter that they are not in the "jailing" business. We will have to do some kind of confinement for some, if not all, of them initially until we find out who they are and process them. Humanitarian needs, including baby supplies, linens, etc. would be needed. Food and water we can probably handle. Per Walt, there must be a real concern on health issues - what is coming into this country. Per Jim V., this is a concern, however, all people were screened yesterday. It is a part of the process. Per Judy Nuland, the plan that is in place and has worked well for years in Miami, is what we have. People are processed and looked at, including dehydration, and screened for TB or anything airborne. People at the scene yesterday did have masks and gloves on. They are processed further in Miami. Walt asked that if in the event there is a mass migration into our country, will there be some sort of information for the public to be aware of what to do if they happen to be handling them as first responders. Per Judy, follow procedures as you would for the Pandemic Flu- wash your hands, keep a social distance, be respectful of germs. Floyd asked if there was a quarantine period for these people. Judy will check on this with Miami and report back to the group. EMS does triage right away. If someone shows up with records, it will is' .~ -c;.. 7 Collier County Citizens Corps Advisory Committee August 16, 2006 Page 5 Ese Update Nothing new to report, per Jim V. Still on track, and the hurdles in front of us seem manageable. Keep it in your thoughts and in the Commissioner's thoughts. We still need their approval and expect to be in front of them sometime this fall. Other Floyd addressed a concern he has regarding attendance of the Citizens Corps Advisory Committee. It is imperative that all members are aware that you are required to attend regularly and if you have three or more unexcused absences in a year, you will not be reappointed by the BCC. Be sure to get an excused absence (contact Jim V. You can send someone to represent your organization; however, they cannot vote. Gerry Sugarman will not be here next month. Doug Porter may be out next meeting as well. Discussion regarding no meetings in the summer, as it is hard getting a quorum together. Per Jim V., we need this committee to attend emergency meetings with the BCC if needed. Can meet monthly, quarterly, or anytime. Last year, Walt canceled one meeting due to the hurricanes. Floyd made a motion to have the Chair decide whether to hold a meeting or not. Since the Chair has this ability anyway, motion was withdrawn. There is a problem with non-voting members not attending - we need to refresh the initiative. Walt will contact the other voting members to see if there will be enough people attending next meeting, and Jim will send out a notice as soon as possible if September's meeting will be canceled. Next Meeting! Adiourn Our next meeting will be held on September 20,2006 at 3 p.m., and will be held in the County Commissioner's Board Room. Motion to adjourn meeting at 3:55 p.m. by Jim Elson and seconded by Doug Porter. Approved unanimously. Minutes submitted by Jim von Rinteln and Mary Ann Cole. ~ f I Ie Citizen Corps Advisory Committee Agenda August 16,2006 3:00 Pledge of Allegiance -Opening Remarks -Roll Call Chairman Sherirrs Office CERV USCG A Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS EM City of Naples Cleveland Clinic Health Oepl Everglades City NOI Medical Examiner City of Marco Islllnd Neighborhood Watch 3:05 Approval of Minutes Chairman 3: 10 Threat Update Sheriffs Office 3: 15 USCG Presentation " CWO Louzao Rescue 21 3:45 New Business Chairman . Mass Migration Info Jim von Rinteln . Tropical Weather Update Rick Zyvoloski 3:50 Old Business Chairman . Pendimic Update Health Dept . ESC Update Jim von Rinteln 4:00 Next Meeting! Adjourn (September 20th? ) Chairman ~.~ f~ 7 u Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Aug. 7,2006 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE MEETING COLLIER COUNTY, FLORIDA WEDNESDAY, AUGUST 16,2006 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, Aug. 16 at 3 p.m. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000. -End- Coast Guard radio" system pinp'oints trouble on the water By PHIL DAVIS Associated Press ST. PETERSBURG - Watch- " ing the rescue boats shrink on the horizon, George Strawn felt his strength ebb with every cold At- " lantic wave. The 74-year-old fisherman sur- vived cancer. He made it off the USS Bennington when the air- craft carrier's catapult exploded in 1954, killing 103 crewmen. Now, clinging to an ice chest next to his capsized boat, Strawn was worried. . "Here I am surviving all this - surviving this damn cancer - and I'm going to end up dying four miles offshore in the ocean," Strawn said. "We knew the Coast Guard got our mayday because we talked to them. We thought we gave them the right location." They didn't. In a final transmis- sion before their 20-foot boat capsized off Ocean City, Md., strawn and his two fishing bud- rues sent Coast Guard rescuers three miles in the wrong direc- tion. But Strawn and the others were saved when a Coast Guard .officer tried Rescue 21, a prototype mari- time 911 system that can pinpoint the source of a radio transmission to within a few feet. November's rescue was the first for the $730 million system, which is bein~ in- stalled at Coast Guard statIOns nationally. "They were circling and cir- cling and all of a sudden they just came directly to us." Strawn said. "My body temperature was 92 degrees when they got me in the boat," . The official rollout of Rescue 21. began this sununer after fiv.~;:; years of delays and cost ovel11.\ns..>~. A Governmen~ AccountingQ~{ fice report sald poor rrianage~!;1 mem pushed the system's cost tq'} almost three times the origlIla:1,! estimate. The GAG recol1lIT,lend~'; ed top Coast Guard officials take' on oversight and revise time-' tables and cost estimates. "We were not too happy with some of the fIndings, but the rec- ommendations are something you can't argue with," said Capt, Dan Abel, Rescue 21's project manager. He said the Department of Homeland Security was re- viewing suggested cuts when the GAO released its report to Con- gress. put-;;;~cip~';e~'fu1 radio towers spread along coastal areas that can triangulate on a radio signal arid ~inpoint.lts source. ~he sys- tem is designed to zero m on a 1-watt, radio two feet off the water "at a range of 20 miles off- shore, Abel said. He said a typical 5-watt radio extends the range up to 100 miles. , Rescue 21 is now in use in New Jersey, Maryland, Delaware an? Virginia," Florida, Alabama, LoU!- "siana and Mississippi. The Coast Guard plans to actlv.ate the first Pacific station in Seattle in Sep- tember. . " The Coast Guard also has port- . able towers stored in Alabama so Rescue 21 can "be' used for emer- ; gency . ,comm~nication . after .a hurricane,.;as it was after Hum- cane Katrina. .. . " The '("oast "Guard says Rescue 21 will be deployed nationally "along" 95000 miles of U.S. coast- line and 'inland waterways and in Guam and Pue,rto Rico by 2011. . Rescue. 2F replaces the Coast Guard's currerit 30~year-old radio system,:"puilt be.fore con.dos dis- rupted coastal.lmes of Sl&ht ~? disrupted radiO conunUnlCatlOn. Apel said the new system will re~" auc~; W\$8 known radio dead ~'pQ.(S,Rf~,tP"~;V~. ~;~<lst.." :'.' " . f;.;"\.t.:.~'.f/ .."Se~'RAbIO, Page 168 '1{ I' I f:-""l Ie 7 .-.---.... ~ . - -...-...--.-..... -._. '- ......- -7-:~:.:..r.:..'.\;~.;,.!..."...-..,:,,~.~... Radi.o peneils and educated guesswork can be retired in areas where Rescue 21 is deployed. "These are going to be surgical strikes," Abel said. "I know right where the guy is. I go get him, bring him home and save flying hours for the next mission. It's like going from a gas oven to a microwave - a whole new way of doing things." The Coast Guard will also be able to quickly pinpoint hoax " callers, such as the Florida man who triggered a two-day search in June with a bogus distress call claiming, nine people were C0l1timted/i'om138 Rescue 21 software also en- hances' the clarity of radio trans- .. missions and allows operators to .. quickly play back distress calls, which are often garbled. Abel said the most dramatic improvement . is t~e direction fmding capability, which means" the old method of using rulers, aboard a sinking pleasure boat in South Florida. The Coast Guard estimates it lost more than 40 days and about $3.1 million responding to more than 500 sllspected hoax calls be- tween 20Q3.and 2005. "If someone says mayday on a radio, we have to tillzc it serious- ly," said Senior Chiefjamcs Bach, who started using Rescue 21 in SI. Petersburg ill June. "We get rcal ones a good majority of the time. But I've gotten maydays from someone who is out of beer. A lot of times it's just, 'Help, help, Coast Guard help.' " _.JIIYlfIU/;f;?i~:i.i;: -'=- This photo released by General Dynamics on Thursday shows a man at a communication center using the Rescue 21 system, a prototype maritime 911 system that can pinpoint the source of a radio transmission to within a few feet. Rescue 21 is a network of computers and powerful radio towers spread along coastal areas that can triangulate on a radio signal and pinpoint its source. Associcrted fJress f ,. E bl Ie 8 COLLIER COUNTY AIRPORT AUTHORITY .t~ ;~., AGENDA DATE: PLACE: TIME: September 11, 2006 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1 :00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes -August 14, 2006 V. Finance Report July 2006 VI. Executive Director's Report VII. New Business A. Resolution 06-30 affirming the County Manager's, acting in absenteeism of the Board of County Commissioners, acceptance and execution of an FAA Grant Agreement for $149,435 to fund an update to the Airport Master Plan Study for the Immokalee Regional Airport. Grant Agreement is on BCC September 12,2006 Consent Agenda. B. Resolution 06-31 approving and authorizing the Authority's Chairman to execute Work Order #URS-FT-3889-07 with URS Inc. in the amount of$110,850 for an update of the Master Plan! Airport Layout Plan for the Marco Island Executive Airport, subject to ratification by the BCC on September 12, 2006 of acceptance of a F ederal Aviation Administration (FAA) Grant for subject Master Plan Update. Grant Agreement is on BCC September 12,2006 Consent Agenda. C. Resolution 06-32 approving a Disadvantaged Business Enterprise (DB E) goal of 8.5 percent for F ederal Aviation Administration (FAA) funded Airport Improvement Projects at the Immokalee Regional during Fiscal Year 2007 Misc, Corres: . Date: 1 0 ~ lO l ()(p Y:lAdministrationlAA BoardlAgendaI09-II-06agenda"do!tem #:J (p I j C 8 Copies to: Fiala Halas Henrting Coyle Coletta / /.< V ~ V ZJ= J61 1 C .q 'It,.. ,l D. Resolution 06-33 rescinding Resolution 06-12 approved on May 22, 2006 authorizing execution of Amendment Number 3 to Hole Montes Work Order CCAA-02-03 for $22,800 to extend and re-bid Taxiway "c" and revise the Site Development Plan (SDP) application for the Immokalee Regional Airport. Amendment Number 3 to Work Order CCAA-02-03 for $22,800 was never executed. Subsequently, Amendment Number 3 was inadvertently assigned to a Deduct Work Order Amendment. E. Resolution 06-34 approving and authorizing the Authority's Chairman to execute Hole Montes Work Order CCAA-06-01 for $28,800 for the redesign, permitting and re- bidding of the extension of Taxiway "c" at the Immokalee Regional Airport, subject to ratification by the BCC on September 12, 2006 of acceptance of a Federal Aviation Administration (FAA) Grant for subject Taxiway Project. Grant Agreement is on BCC September 12,2006 Consent Agenda. VIII. Public Comment IX. Adjournment: Next Meeting: October 9,2006 Y: IAdministrationlAA BoardlAgenda\09-J J -06agenda.doc 16/ Ie ,,~" COLLIER COUNTY AIRPORT AUTHORITY AGENDA ADDENDUM DATE: PLACE: TIME: September 11,2006 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1 :00 pm Addendum to the September 11, 2006 Agenda VII. New Business Add: F. The Executive Director's Performance Evaluation. Y: IAdministrationlAA BoardlAgenda\2006\9-11-06 agenda addendum. doc 16/ lC COLLIER COUNTY AIRPORT AUTHORITY 8 MINUTES OF REGULAR MONDAY, AUGUST 14,2006 MEETING MEMBERS Robin Doyle Jim Peterka Steve Price Gene Schmidt PRESENT: Richard Schmidt STAFF: Theresa M. Cook Robert Tweedie Debi Mueller Debbie Hamaga Tom Palmer PUBLIC: Jim Kenney Joan McGinnis Mike Taylor Andres Gutierrez Michael Klein Robert Feldman Roy Torgeirson Anne T ouron Peter Cruz John Swayze I. MEETING CALLED TO ORDER Meeting called to order at 1 :05 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Following a motion to approve the Agenda by Mr. Gene Schmidt, Mr. Jim Peterka seconded, and the Agenda was approved by a 5-0 vote. IV. APPROVAL OF MINUTES The June 12, 2006 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Gene Schmidt, seconded by Mr. Steve Price. V. FINANCE REPORT Debi Mueller provided a brief summary and addressed questions regarding the Authority's May 31, 2006 and June 30, 2006 quarterly finance reports. She indicated that fuel sales volume is still down for the year. Debi reiterated that the Authority is encountering a revenue loss because of hangar damage at Everglades caused by Hurricane Wilma, and a revenue increase at Immokalee from the sod farm. No action required. VI. EXECUTIVE DIRECTOR'S REPORT The Executive Director, Theresa Cook, introduced the new Airport Manager for Immokalee, Jim Kenney, to the Authority. Jim provided the Authority a brief overview of his background and indicated that he looking forward to becoming part of the team. Theresa informed the Board, that Board of County Commissioners (BCC) is on vacation through August so the County Manger, Jim Mudd is acting on behalf of the BCC and is approving the grant agreements on today's Agenda, subject to BCC ratifying those approvals on September 12, 2006. She then provided a brief overview of the four (4) grants on the Agenda for approval. Y"\Administration\AA BoardtMinutes\2006\08-14-06 minutes TCP edited 8-29-06" doc 161' .' I' L tl Theresa reported that the Immokalee Site Development Plan (SDP) for the Lake and Taxiway "c" at Immokalee should be finalized within the next sixty (60) days. The Authority is waiting for final approval from the US Army Corps of Engineers for the Marco Island taxiway. Purchasing has received three (3) proposals in response to Request for Proposal (RFP) #06- 4012 for "Commercial Development and Use at the Immokalee Regional Airport Pursuant to Airport Land Lease Agreements." The Selection Committee meeting for this proposal is on August 22 at 9:00 AM at the Collier County Purchasing Department. Bob Tweedie, Airport Manager, Marco Island and Everglades, informed the Authority that the Airport Authority has entered into a short-term use agreement with the Lee County Port Authority/Regional Southwest International Airport (RSW) for RSW to borrow the Marco Island Executive Airport localizer if necessary during construction at RSW. RSW will assume all costs required to move and repair all equipment needed. Staff has been approached by two operators that have expressed interest in conducting skydive operations at the Immokalee Regional Airport: USPO, a company out of Georgia and Skydive Southwest Florida Inc. Staff contacted the County's Risk Management Department to determine insurance requirements for skydive operations. The response from Risk Management indicated that the insurance carrier that provides insurance for the Airport would write an exemption clause on the policy whereby the Airport would not be covered for any skydiving activity. Skydive Southwest Florida Inc.'s attorney, Robert Feldman, addressed the Board regarding skydive operations. The consensus of the Board was that they would like to attempt to find a way to allow skydive operations to occur at the Immokalee Airport and directed staff to seek a solution that would permit skydive operations, while addressing and mitigating the County's risk exposure. VIII. NEW BUSINESS A. Chairman Doyle announced that the Executive Director's 2006 performance evaluation is due in September. He requested that Board members e-mail any comments regarding the Executive Director's 2006 performance to him utilizing the forms that were used for last year's performance evaluation process. B. Mr. Peterka made a motion to approve Resolution 06-20 stating the Authority's authority to submit and accept a USDA Rural Business Enterprise Grant (RBEG) in the amount of $450,000 and authorizing the Authority's Chairman to execute any and all forms necessary to close the grant. Mr. Price seconded, and Resolution 06-20 was approved unanimously. C. Mr. Peterka made a motion to approve Resolution 06-21 affirming the County Manager's acceptance and execution of a Federal Aviation Administration Grant Agreement on August 8, 2006 for $105,308, subject to ratification by the Board of County Commissioners (BCC), to fund the Update of the Airport Master Plan Study for the Marco Island Executive Airport. Mr. Richard Schmidt seconded the motion, and Resolution 06-21 passed unanimously. 2 y. IAdministrationlAA BoardlMinutes\2006\08-/4-06 minutes TCP edited 8-29-06. doc 16/ lC D. Mr. Price made a motion to approve Resolution 06-22 affirming the BCC's acceptance and execution of a Federal Aviation Administration Grant Agreement at a regular BCC meeting on June 20, 2006 for $414,475 to acquire land adjacent to the Marco Island Executive Airport ($350,783) and Design the Aircraft Apron Expansion ($63,692) at the Marco Island Executive Airport. Mr. Gene Schmidt seconded, and Resolution 06-22 passed unanimously. E. Mr. Peterka made a motion to approve Resolution 06-23 approving and authorizing the Authority's Chairman to execute a contract with Fuel Tech Inc. for the Installation of an Aviation Fuel Storage Tank System at the Marco Island Executive Airport. Mr. Price seconded, and Resolution 06-23 passed unanimously. F. Mr. Price made a motion to approve Resolution 06-24 recommending the Collier County Board of County Commissioners accept and authorize the BCC's Chairman to execute a Federal Aviation Administration grant for $750,039, and approve a Budget Amendment to provide local match funds of $22,958, for construction, including lighting, signage and environmental mitigation, of Taxiway "c" at Immokalee Airport. Mr. Gene Schmidt seconded, and Resolution 06-24 passed unanimously. G. Mr. Steve Price made a motion to approve Resolution 06-25 approving and authorizing the Authority's Chairman to execute Work Order #URS-FT-3889-05 with URS Inc. in the amount of $64,500 for the design of the aircraft apron expansion and auto parking relocation at the Marco Island Executive Airport. Mr. Gene Schmidt seconded, and Resolution 06-25 passed unanimously. H. Mr. Steve Price made a motion to approve Resolution 06-26 awarding the bid to Quality Enterprises, Inc. and authorizing the Authority's Executive Director to negotiate contract with Quality Enterprises, Inc. for the construction of Taxiway "c" at IMM, subject to BCC acceptance of FAA Grant for the subject Taxiway. Mr. Gene Schmidt seconded, and Resolution 06-26 passed unanimously. 1. Mr. Peterka made a motion to approve Resolution 06-27 approving submittal of a Budget Amendment to the BCC for $112,000 to fund additional PUD requirements, which include a Traffic Impact Study, an Environmental Impact Study and submittal fees. Mr. Price seconded, and Resolution 06-27 passed unanimously. J. Mr. Price made a motion to approve Resolution 06-28 approving and authorizing the Authority's Executive Director to execute a Residential License Agreement with the new Airport Manager at Immokalee, James Kenney. Mr. Peterka seconded, and Resolution 06- 28 passed unanimously. K. Mr. Peterka made a motion to approve Resolution 06-29 approving and authorizing the Authority's Chairman to execute a "Consent to Use Agreement" with Collier County Parks & Recreation Department for recreational purposes on an undeveloped portion of the Immokalee Regional Airport Agreement. Mr. Gene Schmidt seconded, and Resolution 06- 29 passed unanimously. 3 Y:\Administration\AA Board\Minutes\2006\08-14-06 minutes TCP edited 8-29-06. doc "..") tJ 8 L. Mr. Peterka made a motion to approve the addition of the following three individuals to the Immokalee Master Plan/Planned Unit Development Committee. Mr. Richard Schmidt seconded, and the motion was approved by a 5-0 vote. Nancy Payton, SW Florida Field Representative, Florida Wildlife Federation Larry Fox, Global Manufacturing Technology, Inc. Kelly Huff, Collier Mosquito Control 1 M. Mr. Michael Klein, a resident of Everglades City and applicant for the Airport Authority, briefly summarized his qualifications for membership on the Authority. Mr. Gene Schmidt made a motion that Mr. Klein is qualified to serve on the Authority. Mr. Price seconded, and the motion passed by a 5-0 vote. According to the Airport Authority Ordinance, as amended: "There shall be at least one member of the Authority appointed from Immokalee, Marco Island, and Everglades City of a qualified candidate who resides within the respective area is available for appointment to the Authority." Currently no member on the Authority resides in Everglades City, and as the Authority determined that Mr. Klein resides within Everglades City and is qualified to serve as a member of the Authority, the Authority decided not to determine whether Naples resident, Marvin D. Courtright, is qualified to serve as a member of the Authority. N. The Authority discussed officially adopting the "Florida Tradeport" name for the Industrial Park at the Immokalee Regional Airport. The "Florida Tradeport" name and logo is registered trademark. Xl. ADJOURNMENT Chairman Doyle adjourned the meeting "without objection." 4 Y: IAdministrationlAA BoardlMinutes\2006108-/4-06 minutes Tep edited 8-29-06. doc 16 , Ie 9 Summary to/ala / Halas ----=--- !:!enrling ~------- cOYle ~ COletta '~ f:?E:C~/1 Stp '/12D" ~ . u- Ql)r(/Of,-, / 200G ~OIJf/ty C'o'1I,." ISS,O . fie!'"... . Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 August 4, 2006 A quorum was established the minutes and agenda were approved. IV. Radio Road PDase ORe ~S4:ope of Servkes'- M~Gee Dale Lewis moved to accept the Phase I proposal. Second by Helen Carella. Motion carries unanimously 3-0. V. 4TH Quarter Budget Approval- Annual Maintenance Consulting Se"ices by McGee & Assodates Dale Lewis moved to accept the $2,240 proposal for McGee & Associates for the 4th quarter maintenance. Second by Helen Carella. Motion carries unanimously 3-0. VI. Estimates for Committee Review & Approval Dale Lewis moved to pass the $17,290.00 estimate for Devonshire Blvd. improvements. Second by Bill Jaeger. Motion carries unanimously 3-0. The Committee did not have any objections to the improvements for Radio Road. Misc. Corres: ~ 1 Copies to: i _.~ ~ '.\ 9. U Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September 19,2006 AGEN}}A I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: Jmr~ 26', 2006, and August 4, 2~ V. Transportation Services Report A. Budget Report- Tessie Sillery 1. Millage Rate Change Report B. Program Manager Report - Darryl Richard VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn 1. Wark with Residence VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase- I 1. Timeline 2. TEeM additional design cost VIII. Old Business IX. New Businen A. Greenway Path- Trinity Caudill-Scott B. Lowe's Building on Livingston X. Committee Member Comments XI. Public Comments XII. Adjournment The next meeting is scheduled for October 17. 2006 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 1 'i'.J( /. 10 1. C' . Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 August 4, 2006 Minutes I. The meeting was called to order by Chairman Dale Lewis at 4:32 p.m. II. Attendan~e Members: Helen Carella, Bill Jaeger, Dale Lewis, Gloria Patterson (excused), Betty Schudel (excused) County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Coordinator Diane Flagg Others: Frank Kip- Advanced Lawn, Michael McGee- McGee & Associates, Tony Maro. Berkshire Lakes, Fred Rogers. Berkshire Lakes, Michelle Guerrero- Mancan. III. Approval of Agenda Add: - Additional language under V. Consulting Services by McGee & Associates Chairman Dale Lewis approved the agenda. IV. Radio Road Phase One 'Scope of Services'. McGee Mr. McGee reviewed the Phase I project (see attachment). He will return with more information on possible inigation watering systems. Darryl Richard estimates that construction for Phase I should start around May or June; with a potential completion date around September or October. Dale Lewis moved to accept the Phase I proposal. Second by Helen Carella. Motion carries unanimously 3-0. V. 4TH Quarter Budget Approval- Annual Maintenance Consulting Services by McGee & Associates Dar~1 Richard reviewed docwnentation received from McGee & Associates for the 4 Quarter Maintenance ( see attachments). 1 . ~~. lC9 Dale Lewis moved to accept the $2,240 proposal for McGee & Associates for the 4th quarter maintenance. Second by Helen Carella. Motion carries unanimously 3-0. VI. Estimates for Committee Review & Approval Darryl Richard reviewed cost estimates for improvements on Radio Road and Devonshire Blvd. (see attachment). The current watering drip line system and needed maintenance were discussed. Frank Kip agreed to work with residence on these issues. Dale Lewis moved to pass the $17,290.00 estimate for Devonshire Blvd. improvements. Second by Bill Jaeger. Motion carries unanimously 3-0. The Committee did not have any objections to the improvements for Radio Road. Darryl Richard reviewed a document addressing the location of shrubbery (see attachment) . VlI. Bus Shelter Update Darryl Riehard noted that the bus shelters should be completed by September ]Sl,2006. VIII. Committee Member C91B1DlIRill. None IX. Public Comments None Tbere being no further business to come before the Committee, the meeting was adjourned at 5:25 p.m. The next meeting will be held at 4:30 p.m. September 19, 2006 Collier County Tran$portation Building Ea$t Conference Room 21185 Horseshoe Drive South Naples, Fl 34104 2 " WI) ~(jee & A~ \I':' Landscape Architecture 'j 1~ July 17, 2006 Mr. Darryl Richard, Project Manager Collier County Transportation Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 RECEIVED JUL 2 0 2006 Project Name: 'l'ranspon:.a L.lu 11 ATM Dept. Proposal of Landscape Architectural Services for Radio Rd. (From Devonshire Rd. to Blue Sky, Approx, 1.2 +/- miles). Radio Rd. Median Renovation Phase I Radio Rd., 2006-100P Subject: Dear Mr. Richard: As requested McGee & Associates is providing 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 conceptual design, final design and contract administration services for the proposed Landscape Beautification project of Radio Rd. The project area will be defined generally as the area between the platted right-of-way lines for the roadway Radio Rd. Median Renovation Phase L See attached "Project Man Hour and Fee Support Calculations", Sheet 1 for design service hours and costs. Scope of Services 1.1 Plannina Review existing roadway construction record drawings, existing utilities and contact utility agencies, and existing site conditions; along with future proposed roadway improvements and adjacent property improvements in order to develop a generally current set of cad base maps for design purposes. Base map information will be derived from existing on- site conditions, aerial photos and record drawings information provided by Collier County and/or utility agencies with utilities within the project area. This proposal includes no surveying and base maps will not include exact field location of any utilities or objects in the project area. If plans need an engineer to sign and seal the plans that will be an additional cost, and is not included in this proposal. Research and review applicable Collier County and F.D.O.T. ordinances, codes, standards, indexes and or regulations related to landscape and irrigation installation within roadway rights-of-way areas. Streetscape design and installation to generally comply with Collier County Construction in Public Right-of-way Ordinance 93-64 Construction Standards Handbook latest edition. Collier County is responsible for providing current as-built/record drawings and electronic cad files to McGee & Associates. If cad files or information provided by the County is found to be not current or per the on-site conditions then McGee and Associates will submit an additional services proposal to provide services to acquire accurate in field information to be included in the development of the base maps for the Landscape Beautification project. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East I P. O. Box 8052 Naples, Florida 34101 Phone (239) 417-0707 * Fax (239) 417-0708 LC 098 * FL 1023A Page 3, 7/17/2006 Darryl Richard, Project Mgr. Radio Phase I Proposal-2006-100P .";' H i ~ tr"1: \ " , .'~~ Ie 4.1.4 Prepare County approved bidding and installation written specifications for exhibits or attachments to the final Contract Documents. 4.1.5 Develop opinion of costs related to the approved final construction drawings to determine if project is within proposed budget. 5.1 Permittina 5.1.1 Supply and submit required permit drawings to Collier County for submittals and permit approvals. 5.1.2 Provide required written correspondence, verbal communications or presentations for the project permitting. 6.1 Contract Administration 6.1.1 Assist Collier County in developing contract documents for bidding and contract purposes. 6.1.2 Assist in bidding process and provide review and recommendation of award of construction contract. 6.1.3 Provide on-site observations for services during construction to determine compliance with plans and specifications, as well as review and approve pay request applications. 7.1 Reimbersables Per Design services "Professional Landscape Architectural Services" Contract #04-3614. 8.1 Estimated Design Services Schedule 8.1.1 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. Days listed are working days, excluding weekends, and official holidays. Task Descriotion 1.1 throuah 5.1 Design Start: 60% Plans Submittal: Review Comments 90% Plans Submittal: Review Comments Final Plan Submittal: 8/1/06 60 days from notice to proceed to 10/23/06 10/23/06 -11/10/06 30 days from 11/10/06 to 12/22/06 12/22/06 to 1/05/07 15 days from 1/05/07 to 1/26/07 Task Descriotion 6.1 Services During Construction: 140 days 8.1.2 Project estimated budget is $300.000 County agrees to promptly notify M & A, if schedule or budget changes. County acknowledges that significant changes to the Project schedule, budget or the Project's scope may require Additional Services of M & A. Any Additional Services beyond the "Scope of Services" will require and additional fee, to be mutually agreed upon in writing by both parties. Date ~~ RECEIVED JUL 2 0 2006 '1'ransponaLv" ATM Dept. Page 2,7/17/2006 Darry'l Richard, Project Mgr. Radio Phase I Proposal-2006-100P RECEIVED JUL 2 0 2006 1 C 9 'l'ra nsporta tiOl1 2.1 ConceDtual Plan ATM Dept. 2.1.1 Prepare necessary landscape conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, in order to convey the design intent developed by M & A and receive approval by Collier County. 2.1.2 Prepare necessary irrigation conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, to convey the design intent developed by M & A and receive approval by Collier County. 2.1.3 Develop opinion of costs related to the approved final conceptual plans to determine if project is within proposed budget. 3.1 Final LandscaDe Desian Landscape Beautification plans to be prepared per F.D.O.T. "Design Standards" indexes and the " Plans Preparation Manual" Volume I & II criteria and processes and in general compliance to the Collier County Right-of-Way Ordinance 93-64 current edition. 3.1.1 Attend necessary public, staff and/or project on-site meetings for the project design development and provide required written correspondence, verbal communications or presentations for the project development. 3.1.2 Develop a landscape planting design and curbing layout plan based upon the approved concept plans. To minimally include items or services as follows: a. Planting design and layout. b. Materials Tabulation of Quantities schedule containing, plant quantities, installed sizes, specifications and mature sizes. c. Decorative hardscape paving installation details and notes as identified. d. Planting installation details and specifications. e. Review existing planting area soil analysis in order to provide recommendations for amendments as needed. f. Identify curbing types and locations related to landscape and irrigation improvements. g. Prepare median curbing plan per FOOT indexes, but does not include surveying for elevations. Curbing to be set to existing asphalt elevation. 3.1.3 Prepare County approved bidding and installation construction drawings for exhibits or attachments to the final Contract Documents. 3.1.4 Prepare County approved bidding and installation written specifications for exhibits or attachments to the final Contract Documents. 3.1.5 Develop opinion of costs related to the approved final construction drawings to determine if project is within proposed budget. 4.1 Finallrriaation Desian Landscape BeautifICation plans to be prepared per F.D.O.T. "Design Standards" indexes and the " Plans Preparation Manual" Volume I & II criteria and processes and in general compliance to the Collier County Right-of-Way Ordinance 93-64 current edition. 4.1.1 Attend necessary public, staff and/or project on-site meetings for the project design development and provide required written correspondence, verbal communications or presentations for the project development. 4.1.2 Develop an irrigation design based upon the approved concept plan. To minimally include items or services as follows: a. Identification and location of existing irrigation sources, main lines, controllers, and research reuse water source, and connections. b. Provide layout schedules and/or notes to identify types and quantities of irrigation components such as sprinkler heads, valves, piping, sleeving and valve wiring c. Irrigation installation details and specifications. 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'" - ;;; ~ c: 'S: ,2 ~ ~ U j:: -g~ ~ (I) ftI c: 1-5i~8 ~E1J!g>]j jj g .- .~ g ~Q~Q.g I-Yg>il~ U D .- .- <Ii ~ 5 ~ ~ I-UlDtn z 8.-, "! <'! -qjqjqj cD ~ R I. ~ ! i 8 ~ '" ! i :! I a; I I ro 8 . I; ! ... ~ i I/) U W .. .... D lD 5 ~u It: ~ w CD lDlL :li iiI It: .. ~ I- ~ ,.; Ie t Q ~ > H ~ U !:Ll ~ c.c C) C) C"J C) C'.I --' => ....., - ~ ) ~~ ~ 0.. .-J <J) 5Q ~~ :::t-' E~ .:-< en >< to o ..t ..- ~ c: .Q 1ii > o c: al 0:: c: <0 '5 Q) ::2 QI '" <II .s:: D- ~ o '5 <II 0:: a.. o o ..- cO o o N ?1tetJee &,4~ Landscape Architecture t<; .. j~ V u 1 C~ Monday, July 31, 2006 Mr. Darryl Richard, Project Manager Radio Road M.S.T.U. Collier County Traffic Operations and Alternative Transportation Modes Dept. 2885 South Horseshoe Drive South Naples, Florida 34104 Subject: Chanae Order #2 for Additional Services for Maintenance Consulting Services as permitted by the Fixed Term Professional Landscape Architectural Services Contract #04-3614, under Work Order # TLO-MA-05-021 for FY 05/06 Fourth (4) Quarter. Dear Mr. Richard: We are requesting a change order be executed for the fourth quarter of 2006. Change Order #1 was for three quarters of 2006. Below is consulting fees for the Fourth (4) Quarter for your review and approval. Per Quarter Services Principal Technical Administrative Clerical Unit 16 4 o 6 26 Rate $110.00 $60.00 $45.00 $40.00 Cost $1,760.00 $240.00 $0.00 $240.00 $2,240.00 Total amount requested $2,240.00 If you have any questions or need further information then please feel free to contact this office any time. We are looking forward to working with your Department while maintaining our roadways. Cordi lIy, ~ Michael A. ~ President, McGee & Associates, LC 098 Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East I P. O. Box 8052 Naples, Florida 34101 Phone (239) 417-0707" Fax (239) 417-0708 LC 098. FL 1023A \\David\drawings\Drawings\McGee & Assoc General Office Files\CC MSTU's\RAOIO ROAD MSTU\Radio Road MSTU FY 05-06\4th Qtr Malnt Consulting Radio Rd Change Order Request 7-26-06.doc Page 1 of2 ~ /!", I 1 ~ 9 sillery_t Sent: To: Richard Darryl Saturday, July 22, 2006 5:01 PM cathy@allofnaples.com; Dan M; frank@allofnaples.com; jluneke@aol.com; mike@allofnaples.com sillery_t; flagg_d; mcgeeassoc@aol.com; Betty Schudel UbschudeI1212@msn.com); RADIO_Dale Lewis (adlewis168@peoplespc.com); jay-ger@comcast.net; 'Paul'; SCHAPIN43@aol.com Subject: ON HOLD-Estimates - Radio Road MSTU - ON HOLD Importance: High Attachments: Devonshire 06-191.pdf; Radio Road 06-184.pdf; Radio Road 06-185.pdf; Radio Road 06- 186.pdf From: Cc: Frank Kip 298 Sabal Palm Rd. Naples, Fl. 34114 Frank, Please note that the attached estimates are ON HOLD as the Radio Road MSTU Committee has indicated in discussion during meetings that they do not wish to proceed with the proposed items. The MSTU Committee will be called upon to make official motion regarding these estimates at next regular meeting. In light of the Phasing of current Radio Road Project with the first Phase extending from Median #19 to Median #21 the work proposed on Median #14 and Median #1 will be reviewed for construction. Devonshire proposal for $17,290.00 is pending Committee action as well. As per Committee discussion the intention was to hold off on spending additional funds beyond the $20, 250.00 recently spent on Arborist Services. By copy of this email I am requesting that Landscape Architect Consultant review the attached once again to make recommendation for an official motion to be made at the next regular meeting for the MSTU. The concern is that we are receiving comments from Community Residents that these items are not being addressed and that they are legitimately the responsibility of the Radio Road MSTU/MSTD for maintenance irregardless of current project funding/cost. I appreciate your company's providing these proposals as per Contract 05-3686, Part II and request Committee review for approval on these items. List of Estimates ON HOLD: Estimate/Location 06-186, Median #14 Radio Road 06-185, Median #14 Radio Road 06-184, Median #1 Radio Road 06-191, Devonshire Blvd. Scope Landscaping & Irrigation Landscaping & Irrigation Landscaping & Irrigation Landscaping Amount $3,503.32 $9,785.82 $3,503.32 $17,290.00 Please review these proposals in preparation of the next regular meeting to be held September 19, 2006. Thank you, Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 8/4/2006 1"" C ,~....;;,I :j 298 Sable Palm Road. Naples, FL 34114 Telephone: 239.732.4624 - Fax: 239.732.0077 - Email: info@allofnaples.com June 1, 2006 Estimate # 06-191 PO# Collier County, Transportation Department 2885 Horseshoe Dr. S Naples, FL 34104 Attn: Darryl Richard We are pleased to submit for your consideration our proposal to provide the following Tree SeNiee at Devonshire Blvd. Medians, Naples, FL SCOPE OF WORK (As per contract #05-3686. Part II) Fund # 112-163652-634999-620141 Tree wor1c At Devonshire Blvd. Grind 19 Stumps at 2 % Ft.- 3 Ft. below surface. 1 Stump Grinder operator@ $125.00 per hr. x 38 hrs $ 4.750.00 $10,500.00 70 Replace 70 damaged (10 gal) Viburnums due to Stump Removals. @ $150.00 ea 27 Replace 27 Missing or Dead (3 gal) Viburnum @ $20.00 ea Replace 10 Dead Viburnum (10 gal) @ $150.00 $ 540.00 10 $ 1,500.00 Total $1',290.00 Acceptance of Prooosal Contractor Signature_~ ~ Client Signature Date 1{/U[l06 Date (06-191 Devonshire Blvd., Tree proposal 6-01-06) Customer Copy! 161 Ie 298 Sable Palm Road. Naples, FL 34114 Telephone: 239.732.4624 - Fax: 239.732.0077 . Email: info@allofnaples.com May 24. 2006 Collier County. Transportation Department 2885 Horseshoe Dr. S Naples. FL 34104 Attn: Darryl Richard Estimate # 06-184 PO# We are pleased to submit for your consideration our proposal to provide the following Landscape Service at Radio Road Medians. Naples. FL SCOPE OF WORK (As per contract #05-3686. Part II) Fund # 112-163652-634999-620141 Landscape work: 1-' Median at West of Devonshire on Radio Rd.: Remove Dead Junipers due to clogged and/or rotted drip line. Install 120 Junipers (3 gal) @ $20.00 aa Install 40 bags of Eucalyptus Blend Mulch(2 cubic ft. per bag) @ .70 cents per bag Labor Only SUB TOTAL Irrigation work: $ 2.400.00 $ 28.00 $ 2.428.00 Convert Medians to spray heads for better coverage of the plant material. Install approximately 20 spray heads & spray nozzles Remove old Netafin drip line 20 Spray heads 100Ft. PVC pipe 40 Spiral barb elbows $ $ $ 69.20 32.00 6.80 (06-184 RmJio Rd. & Devonshire, Landscape & Irrigation proposal 5-24-(6) Customer Copy! Misc. flttJngs Roll swing pipe 20 Nozzles 10 Irrigation supervisor hours @ $50.00 per hr. 10 Irrigation Laborer hours @ $40.00 per hr. (parts are cost plus 40% as per contract) uS IG9 $ 20.00 $ 26.32 $ 21.00 $ 500.00 $ 400.00 SUB TOTAL $ 1,075.32 GRAND TOTAL $ 3.503.32 ACC8Dtance of Proposal Contractor Signature ~ ~ Client Signature Date LII1taJf06 Date (06-184 Radio Rd. & Devonshire, Umdscape & Irrigation proposal 5-24-06) Customer Cqpy! 161 Ie 298 Sable Palm Road - Naples, FL 34114 Telephone: 239.732.4624 - Fax: 239.732.0077 - Email: info@allofnaples.com May 25, 2006 Estimate # 06-185 PO# Cotlier County, Transportation Department 2885 Horseshoe Dr. S Naples, FL 34104 Attn: Darryl Richard We are pleased to submit for your consideration our proposal to provide the following Landscape Service at Radio Road Medians. Napres, FL SCOPE OF WORK (As per contract #05-3686, Part II) Fund # 112-163652-634999-620141 Landscaoe work: East End of Median #14 on Radio Rd. Remove Dead Junipers due to clogged and/or rotted drip line. Install 400 Junipers (3 gal) @ $20.00 aa Install 200 bags of Eucalyptus Blend Mulch(2 cubic ft. per bag) @ .70 cents per bag Labor Only $ 8,000.00 $ 140.00 SUB TOTAl $ 8,140.00 Irrigation work: Convert Medians to spray heads for better coverage of the plant material. Install approximately 35 spray heads & spray nozzles Remove old Netafin drip line 35 Spray heads 200 Ft. PVC pipe 70 Spiral barb elbows $ 121.10 $ 64.00 $ 11.90 (06-185 East End of Rmlio Rd., Landscape & Irrigation proposal 5-25-06) Customer Copy! Misc. fittings Roll swing pipe 35 Nozzles 15 Irrigation supervisor hours @ $50.00 per hr. 15 Irrigation laborer hours @ $40.00 per hr. (parts are cost plus 40% as per contract) 1 ., f.i $ 20.00 $ 26.32 $ 52.50 $ 750.00 $ 600.00 SUB TOTAL $ 1,645.82 GRAND TOTAL $ 9.785.82 AcceDtance of Prooosal Contractor Signature~ ~ Client Signature Date t5 HfJ1If 06 Date (06-185 East End of Radio Rd., Landscape & Irrigation proposal 5-25-06) 1, G Customer Copy! 9 .~> 6 i 1 C ,: ~. :'1~. 298 Sable Palm Road - Naples, FL 34114 Telephone: 239.732.4624 - Fax: 239.732.0077 - Email: info@allofnaples.com May 25. 2006 Comer County, Transportation Department 2885 Horseshoe Dr. S Naples. FL 34104 Attn: Darryl Richard We are pleased to submit for your consideration our proposal to provide the following Landscape Service at Radio Road Medians, Naples, FL Estimate # 06-186 PO# SCOPE OF WORK (As per contract #05-3686, Part II) Fund # 112-163652-634999-620141 Landscape work: West End of Median #14 on Radio Rd. Remove Dead Junipers due to dogged and/or rotted drip line. Install 120 Junipers (3 gal) @ $20.00 ea Install 40 bags of Eucalyptus Blend Mulch(2 cubic ft. per bag) @ .70 cents per bag Labor Only SUB TOTAL Irrlga~ work: $ 2,400.00 $ 28.00 $ 2.428.00 Convert Medians to spray heads for better coverage of the plant material. Install approximately 20 spray heads & spray nozzles Remove old Netafin drip line 20 Spray heads 100Ft. PVC pipe 40 Spiral barb elbows $ $ $ 69.20 32.00 6.80 (06-186 West End of Rmlio Rd., L1mdSCllpf! & Irrigation proposal 5-25-(6) Customer Copy! Misc. fittings Roll swing pipe 20 Nozzles 10 Irrigation supervisor hours @ $50.00 per hr. 10 Irrigation Laborer hours @ $40.00 per hr. (parts are cost plus 40% as per contract) "1 i 9 $ 20.00 $ 26.32 $ 21.00 $ 500.00 $ 400.00 SUB TOTAL $ 1,075.32 GRAND TOTAL $ 3,503.32 Acceotance of Prooosal Contractor Signature_~ ~ Client Signature Date ~ I1ta'f 06 Date (06-186 West End a/Radio Rd., Landscape & Irrigation pmposaI5-25-(6) Customer Copy! Page 1 of3 ~t ~, ,~ '. l) Ie RichardDarryl From: Regandaniel Sent: Monday, July 24, 2006 7:18 AM To: Richard Darryl Cc: sillery_t; lulich_P; DickRoger; f1agg_d Subject: RE: Devonshire Items-Specific Purpose Survey Devonshire Shrub Hedge I reviewed my field notes. The hedge is within the limits of the Right of Way. Daniel J Regan, PSM Land Surveyor Transportation Services Division Stormwater Management Department (239) 213-5810 fax 659-5790 From: RichardDarryl Sent: Saturday, July 22, 2006 3:40 PM To: Regandaniel Cc: sillery_t; lulich_P; DickRoger; f1agg_d Subject: RE: Devonshire Items-Specific Purpose Survey Devonshire Shrub Hedge Importance: High Dan, Could you help us out with an item related to Devonshire Blvd. Maintenance by the Radio Road MSTU. The MSTU Committee referenced your specific purpose survey of August 28, 2003 to perform maintenance of the trees on Devonshire. Now they are asking the same question related to the shrubs and made motion for another survey (on June 20, 2006). Are the shrubs within the ROW? If they are they would legitimately be the responsibility of the Radio Road MSTU to maintain. Please perform another Specific Purpose Survey for the Radio Road MSTU in order to determine if the shrub hedge is within the Right of Way for Devonshire Blvd. Confer with Tessie for any details/questions. Thank you, Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Telephone: (239)659-5775 Fax: 239-530-6219 Cell: 239-253-9083 darrylrichard@colliergov.net From: RichardDarryl Sent: Friday, July 21, 2006 6:28 PM To:f1agg_d 8/4/2006 Page 2 of3 h ~ II 11 (\l "\ 9 Cc: sillery_t; lulich_P; DickRoger Subject: Devonshire Items Importance: High Diane, In preparation for your July 28, 2006 meeting, I've spoken with several members of the Berkshire Lakes Homeowners Association to see what items have been up for discussion regarding Devonshire. These Community members I spoke with are aware that as per their last Berkshire Lakes Community Association Meeting Fred Rogers (former Association President) has been appointed to meet with you concerning any current items. Community Residents Contacted: Conversation with Bob Luparello (acting Association Manager) (253-7633; cell 293-3667) while Cathy Dammert is on vacation; Betty Schudel, Radio Road MSTU Committee Member/Resident of Berkshire Lakes (home 352- 1212); Tony Maro, Maintenance Supervisor, Berkshire Lakes Community Association (cell 353-8887). Proiect Items: One. There is concern over the high iron content of the well water which serves both Devonshire and Radio Road. The staining which is occurring not only on the entrance signs but also the sidewalk is not esthetically appealing. I informed Bob of the Radio Road MSTU Committee's review of the option of filter installation and that the Committee had voted to not proceed with the Iron Filtration System. That it was determined by the MSTU Committee to be cost prohibitive not just for installation but also ongoing maintenance of this type of filter system. Two. The residents living along Devonshire adjacent to the shrub hedge would like to know if the MSTU Committee will replace the hedge since it is very "woody" in appearance and each time it is trimmed in order to meet code people can see straight through to the homes on adjacent property. Related to this is the question about stump removal. As per the latest Committee review there was no interest in spending large amounts of money on Devonshire Blvd. until the Radio Road Project is finished. The removal of the stumps would result in additional shrubs dying along Devonshire and require additional replacements. As per discussion the Committee chose not to make a motion to remedy the situation. Three. Tree Replacements for Devonshire. The Berkshire Lakes Homeowner's would like to know what the plan is for replacement of trees on Devonshire that were removed as a result of Hurricane Wilma. As per Committee discussion there is not an interest in addressing the issue of replacement for the Mohogony Trees which cannot be planted (in accordance with Current Collier County Code) with same species. The MSTU Landscape Architect Consultant has not been directed to provide a design recommendation/plans. Summary Inspection: ITEM ONE: Onsite inspection of the Devonshire Project indicated that the irrigation water is very high in iron content and is spraying the signs. Approval of Project Cost for Filtration System is required by MSTU Committee. Tony Moro has been given Frank Kip, Advanced Lawn Owner, phone number to coordinate adjustments to irrigation spray heads in areas around signs. The option of Re-use retrofit has not been actively pursued by the MSTU Committee and there is no current application for Re-Use on file with Collier County Utilities. ITEM TWO: Replacement of Shrub Hedge requires modification of existing irrigation system to address watering needs. The shrubs are very woody and have outgrown their current planting location. Approval/Direction required from Committee to direct MSTU Landscape Architect Consultant to proceed with Plans and Cost Estimate for Project. ITEM THREE: Replacement of Trees along Devonshire requires recommendation from Consultant. Approval/Direction required for Committee to direct MSTU Landscape Architect Consultant to proceed with Plans and Cost Estimate for Project. 8/4/2006 Thank you, Darryl Richard Project Manager 161 Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 341 04 Telephone: (239)659-5775 Fax: 239-530-6219 Cell: 239-253-9083 darrylrichard@colliergov.net 8/4/2006 Page 3 of3 Ie 161 ,,\. M T 1 ~ a,.) Department of Environmental Protection Jeb Bush Governor South District P.O. Box 2549 Fort Myers, Florida 33902-2549 Ph. (239) 332-6975 Fax (239) 332-6969 Colleen M. Castille Secretary September 26, 2006 Frank Halas, Chairman Collier County Board of County Commissioners Administration Building 3301 Tamiami Trail East Naples, Florida 34112 RE: Collier Countv-DW aGe NO.: 01-0552-11-DW Permit No.: FL0141399 Permit No.: FL0141356 Dear Commissioner Halas: Thank you for the submittal of the progress report as required by OGC Case 01-0552-11-DW. The Department has reviewed the above referenced OGC case and has determined that through the county's efforts and diligence, the majority of the conditions of the Consent Order have been satisfactorily completed. Therefore, the Department will close the above referenced Consent Order effective the date of this letter. The Department will modify your current referenced permits to indicate that: 1. The expansion of the North Collier Water Reclamation Facility to 30.6 MMADF will be placed into operation by December 31, 2010 in accordance with the County's approved Master Plan. 2. The Infiltration/Inflow Program, that addresses both North and South Sewer Service Areas, will continue and the wastewater collection system improvements will be implemented in accordance with the County's approved Master Plan. Your cooperation in resolving the matters of this case is appreciated. If you have any questions, please contact Keith Kleinmann ofthis office at (239) 332-6975, ext. 182. Sincerely, ~7 J.-- Jon M. Iglehart Director of District Management JMI/KK/jIi Cc: James Mudd, County Manager (JamesMudd@collierQov.net) James Delony, Public Utilities Admin (JimDelony@colliergov.net) George Yilmaz, Ph.D,P.H., REP., Wastewater Director Mary Wilson, OGC (mary.wilson@dep.state.fl.us) Mary Fitzgerald, FDEP (mary.fitzgerald@dep.state.fl.us) Mise. ContI: 0.: 16J,o/~b Item#: j~i 11) I Copies to: 161 10 2 -'~., ':"~'l,} MemorandufTl / \-rala ~:~~~ng ~==-~ ~~ ''::::oy!e V'" Coletta __ "/ To: Sue Filson, Executive Manager Board of County Commissioners From: Mike Sheffield, Assistant to the County Manager County Manager's Office Date: September 18, 2006 Subject: Public Safety Coordinating Council Attached please find the approved minutes and back up material that was distributed at the September 18, 2006 Public Safety Coordinating Council Meeting. If you need anything further, do not hesitate to ask. Mise. Correa: Date: lOft 0 /0 ~ , , Item #: / (p L / 'D B...- Copies to: , .iL ~ ~ Ii Ii ::;;; Collier County Public Safety Coordinating Council Crises Intervention Team (CIT) Task Force Meeting August 21, 2006 County Manager's Conference Room Present: Chief Scott Salley (CCSO), Lt. George Welch (CCSO), Mike Sheffield (County Manager's Office), Jeff Nichols (Collier County Probation Dept), Sinclair Williams (One by One Leadership Foundation) Linda Rieland (David Lawrence Center), Alexander Kusma (NCH), Michael Orlando (Public Defender's Office), Marcy Krumbine (Collier County Human Services), Van Ellison (St. Matthew's House) Task Force Facilitator Chief Scott Salley called the meeting to order at 1 :34pm. Chief Salley reviewed the public meeting notice and confirmed the distribution of the notice with Mike Sheffield. After asking all the attendees to introduce themselves, Chief Salley gave a brief overview of the Public Safety Coordinating Council and the goals of the CrT Task Force, and then introduced Lt. George Welch. For the benefit of attendees who were not at the July 13'th CIT Task Force meeting, Lt. Welch repeated his presentation to the group by showing a short clip from the Law Enforcement Training Network-In the Line of Duty Video Series. Lt. Welch continued with a power point presentation that included an overview of county patrol districts, the county's homeless population, calls related to mental illness, and information related to mental illness population in the county school district and county jail. Lt. Welch's presentation also described the CrT concept as an "effective tool in reducing responses to resistance incidents and arrests of the mentally ill in crises, along with a reduction of injuries to law enforcement officers and consumers." Lt. Welch further discussed the CrT training which is a 40 hour basic course using the Orange County Model. Chief Salley stated that he will be prepared to give an update to the Public Safety Coordinating Council at the September 18th meeting. The meeting adjourned at 2:35pm. 161 "~~ ~r'~~: ~ ~. ~ ..~" ~.... 2 Collier County Public Safety Coordinating Council Crises Intervention Team (CIT) Task Force Meeting July 13, 2006 County Manager's Conference Room Present: Chief Scott Salley (CCSO), Lt. George Welch (CCSO), Mike Sheffield (County Manager's Office), Jeff Nichols (Collier County Probation Dept), Sinclair Williams (One by One Leadership Foundation) Bonnie Fredeen (David Lawrence Center), Linda Rieland (David Lawrence Center) Task Force Facilitator Chief Scott Salley called the meeting to order at 9: 17am. Chief Salley reviewed the public meeting notice and confirmed the distribution of the notice with Mike Sheffield. Chief Salley gave a brief overview of the goals of the CIT Task Force and then introduced Lt. George Welch. Lt. Welch began his presentation to the group by showing a short clip from the Law Enforcement Training Network-In the Line of Duty Video Series. Lt. Welch continued with a power point presentation that included an overview of county patrol districts, the county's homeless population, calls related to mental illness, and information related to mental illness population in the county school district and county jail. Lt. Welch's presentation also described the CIT concept as an "effective tool in reducing responses to resistance incidents and arrests of the mentally ill in crises, along with a reduction of injuries to law enforcement officers and consumers. " Lt. Welch further discussed the CIT training which is a 40 hour basic course using the Orange County Model, and who should be on the proposed Collier County CIT team. Jeff Nichols expressed his thought that a probation officer should attend the next CIT training in Orange County. Lt. Welch stated that the CCSO has two slots available for the training to be held at the end of August, and that perhaps a slot could be filled by a probation officer. Chief Salley asked Lt. Welch to give his presentation again at the next meeting because of several of the CIT Task Force participants were absent. Chief Salley stated that the next meeting will be scheduled for sometime in August. Bonnie Fredeen suggested that a representative from NCH be invited to participate on the CIT Task Force. The meeting adjourned at 10:45am. COLLIER COUNTY 2 PUBLIC SAFETY COORDINATION COUNCIL MEETING 3 JUNE I, 2006 . 4 5 6 The following proceedings were held on June 1.2006, 7 commencing al 2:00 p.m. at the Human Resources 8 Traming Room, Building F, 3301 East Tamiami Trail. 9 Naples. Rorida. and reponed by Elizabeth M. 10 Brookes, RPR, Notary Public for lhe Slate orFloricla II at Large. 12 13 PRESEtrr: 14 Commissioner Fred Coyle. Chair Hon. Hugh D. Hayes 15 Skip Camp Bonnie Fredccn 16 Christine Holmes Roben R. Jacobs. II 17 Mark Middlebrook Jim Mudd 18 Mike Orlando Mike Pettit. Esq. 19 Chuck Rise Scott Sal1e)' 20 Gregg Smith Mike Sheffield 21 Mike Provost Sinclair Williams 22 John Lawson Mike Bolan 23 Kathy Ray Peter Hayden 24 Teny McManus 25 Gary Krueger Scott Moore . January 27th, 2006. special meeling minutes. 2 Those are contained in your packel also. 3 Is there a motion 10 approve? 4 MR. JACOBS: So moved JUDGE HAYES: 111 second. 6 COMMISSIONER COYLE: Molion to approve by 7 Mr. Roben Jacobs and second by Judge Hugh Haycs. 8 All in favor please signifY by sayin8 aye. 9 (Unanimous say of ayes.) 10 COMMISSIONER COYLE: And it passes unanimously II As you will recall, Ihe special meeling, 12 the minutes we Just approved, were for the 13 purpose of considering the resolution. and that 14 was accomplished by a special subcomminee. and 15 Ihose minutes are dated January 27th, 2006. 16 Is there a motion to approve the minutes 17 of the resolution proposal itself? 18 MR JACOBS: So moved. 19 JUDGE HAYES: Second. 20 COMMISSIONER COYLE A motion was made by 21 Roben Jacobs and seconded by Hugh Haycs . 22 All in favor, please signifY by saying 23 ayc. 24 (Unanimous say of ayes.) 25 ;.~ ~ ~~) r: ~ 1D2 (Meeting commenced at 2:00 p.m.) 2 COMMISSIONER COYLE: I welcome all of you here. 3 I'm sony we had to cancel the last 4 meetmB. We had a number of contlicts. But I 5 would like to ask that, in our discussion 6 today, if, as you speak. will you please 7 identifY yourselffor the coun reporters 8 convenience so thai she can make a proper 9 record of who is speaking. as she won't be able IOta see all of the name tags. II With that we will proceed with the first 12 order of business. which is the approval ofthe 13 December 15th. 2005, meeting minutes. 14 MR. JACOBS: So moved. IS JUDGE HAYES: Second. 16 COMMISSIONER COYLE: Motion ofapproval by 17 Mr. Robert Jacobs, second by Judge Hayes. 18 Any discussion? 19 All in favor please signifY by saying aye. 20 (Un.nimous say of ayes.) 21 COMMISSIONER COYLE: Any opposed by like sign? 22 (No response.) 23 COMMISSIONER COYLE: All right The minutes 24 are approved as written. 25 We also have the acceptance ofthe 4 COMMISSIONER COYLE: Any opposed by like sign. 2 (No response.) COMMISSIONER COYLE: It passes unanimously. 4 Thank you very much. We'll go to old buslOess. And I think 6 Bonnie Fredeen is going to be making a 7 presentation to us today. 8 Oh. I'm sony. There you are. 9 MS. FREDEEN: That's all right. 10 COMMISSIONER COYLE: You're sitting there by II yourself 12 MS. FREDEEN: Thaf. where [was placed. \3 Thank you so much. I'm actually here as a 14 messenger for Dave Schimmel, who put together a 15 presentation for you all and was not able to be 16 here. 17 Does everybody have a copy of the handout 18 that he had? 19 I think the purpose of what I want to 20 presenllo you is to briefly educate some of 21 you on CIT. [think most of you know what 22 Crisis Intervention Teams are and that the 23 David Lawrence Cemer. for a couple of years 24 now, has had a passion for getting this 25 implemented in Collier County and have actually . . . 2 taken some intcmaJ steps 10 move in that direction. 3 4 Now. 1 welcome those of you here who may have been crr trained already or have addilional infonnation that I might not have to contribute to this presentation. 1 would welcome any imerjeclion or thoughts on your 6 7 8 9 10 II part I think we want to Just start out by S8)ing why we want to consider Crisis Intervention Teams for Collier County. And basically the national statistics, as they have been applied to Florida data, show that in 2005 we probably had abou19.400 JaIled inmates that had mental Illnesses. And we know that lhe cost of incarcerating mentally ill people is about four times the cost of incarceration of the general population, through increased supervision. medications, and providing mental health services. We also know thaI, with law enforcement officers. every six encounter.; per month is with a person who has a mental illness. which is diverting their time and their resources from olbcr public safety responsibilities. 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 7 2 3 4 investment in training, initial investment. at the David Lawrence Center or other facilities, in providing alternatives for diverting these clients, over time we feci it would be a less costly level of care And then, finally. appropriately treating individuals with mental illness offers them a faster road to recovery. And we feel that incarceration actually slows lheir recovery and is. like. you know. one slep forward and maybe five steps backward, when somebody is incarcerated for a non-violent crime and doesn't get the proper treaunent that they need. 6 7 8 9 10 II 12 13 14 15 16 17 So these are just some of the reasons why we feel strongly aboul the implementallon of crisis inteIVentioBS. 18 19 Some of the actions being taken. The flonda Council for Community Mental Health. a collecllon of mental health and substance abuse providers across Ihe State of Florida are asking the legislature this year for additional funding to finance the startup of local projects. I believe there are 13 counties. which I might address in a few minutes, that 20 21 22 23 24 25 161 1 D' 'J ~. 6 4 Seventy percent of jailed inmates wilh severe and persistent mental illness are charged with non-violent misdemeanors and could be treated in a less restrictive level of care, which we feel strongly about. Data from a study of nine federally-funded jail diversion sites across the United States suggest that jail diverSIon services for individuals with mental illnesses reduce the time spent in jail. and the statistICS show that dIverted individuals spend an average of two months more in the community than individuals who were not diverted appropriately and did not receive the treatment that they needed. And it is always our goal for those individuals with mental illness to be abte to spend their time in the community. 10 be able to be given an opportunity to recover and become citizens functioning at the highest level possible. We feel that the programs created through this initiative would. over time, pay for themselves in reduced costs at the local correction, judicial and law enforcement programs. Although there may be an initial 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 8 I 2 3 4 are already practicing crisis inlervention. And ('m not sure. since the legislative session is over right now, where that went or what the end result of that was. Kathy. do you know? MS. RAY: It's in subcommIttee. MS. FREDEEN: So there are efforts to seek out funding to help make this happen. And then some, you know -- over the last couple of years both the President's New Freedom Commission on Mental Health in 2003 and the Council of State Governments Criminal Justice and Mental Health Consensus Report recommend maximizing the use of different jail diversion programs, with Crisis Intervention Teams being one of their top priorities. Are we waiting for that to come up? I'm sorry. We're on the third. Just a little bit of historical 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 infonnation. which we may have presented to you in the past, I'm not sure, at this meeting or perhaps in a different forum, but Crisis Inlervention Teams actually began III Memphis in the late 1980s and they have been widely -- I mean. ifs spread quickly because of the success of those teams in that area. 9 1 6 I 1 D' 10 And (JUS! want to kind of take a moment from our pe"",nal experience at David Lawrence 2 to go off the outline and read to you what Center, that law enforcement does do a pretty 3 their mission is in MemphIs. good job of that, and they do try to identify . 4 The Crisis lnlervention Team Program is a 4 individuals who perhaps belong at David 5 community pu1nership working with mental Lawrence Cenler But this is expanding that 6 health consumers and family members. The goal 6 and fonnalizing that and educating more and 7 is to seta standard of excellence fortheir 7 more of the officers to be able to do that on a 8 officers with respect to trealment of 8 regular basis, which we totally support and Q individuals with mental illness. This is done 9 would like to see those individuals brought to 10 by establishing individual responsibility for 10 us. 11 each event and overall accountability for the II CIT .emphasizes a partnership between law 12 results. Officers will be prOVIded with the 12 enforcement and the menial health and substance 13 best quality training available, they will be 13 abuse treatment system, the advocacy groups, 14 part of a specIalized team which can respond to 14 customers and local communities. IS a crisis at any time, and they will work with 15 1 think there are a number of stakeholders 16 the commuDlty to resolve each SituatIOn ID a 16 that would support thIS effort. The local 17 manner that shows concern for the citizens' 17 hospitals. 1 do know that we did have a team 18 well-bemg. 18 where we attempted to do a community team. We 19 I think that's a great mission statement, 19 got the stakeholders together here maybe a 20 and that's why I kind of wanted to share that 20 year. year and a halfago, and that has kmd of 21 with you. 21 died out a little bit. And I would love to see 22 crr IS an effective police response 22 us, you know. get that effort going agam and 23 designed for first responders who handle crisis 23 gel the stakeholders back logether. get the 24 calls involvmg people with mental illness and 24 support, see what kind of financial resources 25 substance abuse disorders. I happen to think, 2S people can bring to the table, financial and . II 12 human resources they can bring to the table to people in need of care to a mental health and 2 help us move in this direction. 2 substance abuse treatment facility. We need to The Rorida crr Coalition is a group of 3 improve access to mental health and substance 4 what I had slated before, 13 counties who have 4 abuse in general, and specifically crisis care developed guidelines for operatlDg CIT for people who are encountered by law 6 programs. The results have been extremely 6 enforcement, and. to summarize. divert people 7 positive. One of the most successful teams I 7 with a mental illness or in crisis from the 8 know is up in the middle of the state, the 8 criminal justice system whenever possible. 9 Orlando. I believe. area, and Lakeside has been 9 The David Lawrence Center has various 10 a big proponent and has developed just a very 10 programs over the years where jail diversion is 11 successful comprehensive team that pulls in the II part of our goal. and this would Just be a 12 entire county, and they worle together and their 12 major expansion. 13 results are astounding. 13 And some of the core elements and actions 14 Some of the goals for err programs. 14 needed. There are actually 18 core elements 15 Through comprehensive training I think we can 15 which deal with the selecLion and training of 16 better prepare police officers to handle crises 16 law enforcement officers. the mental health and 17 involving people with mental illness and 17 substance abuse role, advocates' roles, such as 18 substance abuse disorders. I think we need to 18 NAMI, policies and procedures and roles and 19 increase law enforcement safety, consumer 19 responsibility for each party, training, data 20 safety and community safety through additional 20 collection and commuDlty involvement Those 21 training. We need to proactively increase 21 include things like diversion philosophy and . 22 access to the mental health system and 22 top down support, and who are your community 23 responsiveness to law enforcement officers We 23 partners, and what are, you know - what 24 need to supply law enforcement officers with 24 specific training and policies and procedures? 2S the type of resources 10 appropnately refer 25 And you can get more information on these ~_. r" '] D 13 & 1 2 14 principles and the Florida Crisis Intervention I think we feel strongly that we need 10 Team Program model, which some of you have seen 2 have a Marchman Act receiving facility as well. . and those of you who have gone to lraining have 3 Right now our detox is a voluntary detox, which 4 been involved in 4 works well for the community. but we have Some of the things we need 10 do in individuals that we cannot get the help they 6 Collier County 10 get crisis intervention, a 6 need because those mdlviduals could be brought 7 crisis mtetvenlion program model going is, we 7 in under the Marchman Acl. but, since it's nol 8 need 10 expand - and I don'l know if it's Just 8 a locked facility, we cannot hold them against 9 a Baker ACI receiving facility, but we have to 9 their will. So that is something that I think to Increase the number of beds for holding these 10 we all need to think about as well. II individuals who may not be eligible under the 11 We need a commitment on the part of mental 12 Baker Act bul could be 10 some kind of a 12 health and substance abuse providers and law 13 transilion care and be referred in length and a 13 enforcement for the training. It's a huge 14 treatment plan developed while they were in 14 commitment The initial traming IS a week IS that facility IS long, 40-hour training. so you're talking not 16 The David Lawrence Center currently has a 16 only a human resource commitment but a 17 plan that's been submitted 10 the county to 17 financial commitment as well. It is not cheap 18 expand thell crisis unit We currently have 14 18 It would be costly to get the individuals 19 adult beds, and the plan calls for us to be 19 trained, and the numhers of folks from all of ~o able to go as high as 26 beds, with four 20 the facilities, all of the stakeholders, would 21 children's beds. So we are doing that 10 21 need to understand what the Crisis Intervention 22 accommodate the growth in the county, as well 22 Teams do. 23 as to anlicipate perhaps having a separale 23 We need to build a community coalition ~4 program that would accepl the crr cl ients or 24 which involves the affected parties. As I said 2S the clients that the team brings to US 2S before. we did have one or two meetings ofthe . IS 16 stakeholders a linle over a year ago, and the with severe disabilities. excitement. I think, was building a little bit 2 As I said before, I think we bel ieve -- we 3 And we have nOI been able to get that group strongly believe thatlOcarceration slows the 4 together apin since then. and we al David 4 recovery process down. And clients who get Lawrence Cenler would certainly like to see incarcerated for nonviolent crimes because of a 6 that happening. 6 mental health episode definitely take a step To summarize. the advantages of a system 7 backwards in going into jail versus going into 8 like this would be some of the obvious: To 8 a treatment faciltty. We feel it's a cost 9 divert lOdividuals from the criminal justice 9 savings to taxpayers and, as I've saId many 10 system and into the treatment system where lhey 10 times through this talk, better outcomes 11 can get help and become active citizens in the 11 leading to recovery for individuals with menIal 12 community, early IdentificatIon for diversion t2 health and substance abuse diagnosis /3 purposes. which ultimately can provide 13 Would anybody like to add anythlOg to 14 sigJllficant community cost savmgs. And it's 14 that? IS been proven 10 other communities. There are IS COMMISSIONER COYLE Chief Scott Salley. 16 statistics across the country, national 16 CHIEF SALLEY: Scott Salley, Collier County 17 statistics as well as slate slBlistics, ahout 17 Sheriff's Office. 18 how a system like this actually pays for itself 18 Just to give you the historical 19 financially. and. of course. more than pays for 19 perspective. and I've worked with Bonme before 20 itself in, the clients who need to get treated 20 on this, and Ms. Ray. BaSically three years 21 are gening Ireated; in"eased community 21 ago the Florida Sheriff's Association.. this . ~2 involvement and awareness of the Jail 22 was a point of consideration. It was voted on ~3 overerowdmg and mental health resource 23 by all of the sheriffs to be a priority. so 24 availability. and it's a more effective and 24 that was a plus. 2S compassionate way of dealing with individuals 2S Sheriff Oftlinger from Osceola County was -_._-~-~ .. ~)' 17 c.. 18 the lead on thai, because they had an agency, who went to Orlando and spent 40 hours. 2 unfortunate situation where they had to take a 2 And, in his words, it was the best training he . 3 person out that had mental illness. And one of 3 has ever receIved as a law enforcement officer. 4 the deputies was injured also. And he was a 4 Phenomenal. You don't usually get those great believer and he's stili a proponent for reports back. 6 having CIT, and we have been following that 6 Our jail commander in charge of the Jail, ever since Chris Reardon, he has attended CIT. Within our 8 So Ihree years ago we were starting 10 8 organization we're looking at the officers on 9 read about crr. the Memphis model. Actually, I 9 the road and what we're doing In the Jail Two 10 "as in Memphis two months ago and they are 10 different types of training, very similar but II usmg the Florida crisis model, which is very ]I yet they are different. 12 similar bUI with a few little differences. But 12 We need 10 look at our corrections J3 in Collier County, where do we stand with the ]3 officers as well as the deputies. We've 14 Collier County Sheriff's office? ]4 already established a two-hour training. 15 StartIng in January 2006 we've implemented 15 The problem we have is, we would like to 16 a two-hour training program for all deputies 16 research a program, maybe eight or ten, ( don't 17 II doesn't sound like a lot, but remember, over 17 know what the magic time is, but to send our 18 85 percent of our training is mandated by the ]8 deputies to Orlando for 40 hours and work with 19 state. That's just 10 stimulate and encourage 19 the Lakeside Clinic, which IS a phenomenal 20 people to be involved with the issues we have. 20 e"perience But, according to our 21 21 calculations. it would take 33 years to get 22 Monday afternoon we have a meeting with 22 everyone trained. A long time. So we need to 23 Sheriff Hunter and the Command Staff on CIT. 23 bring a program to Collier County and see if we 24 We have a lieutenant that has been designated 24 can work wilh small groups, small teams and 25 as our crr coordinator internally, in our 25 that's what we're going to be discussing on . 19 20 Monday. I report back may be something to consider. I just want 10 IlSSUTe and reassure this 2 MS. FREDEEN I think David Lawrence group that CIT is nol fOl'JOtten Maybe if we 3 Cenler, we may have said this before, would 4 had oversight with the group of mental health 4 really like to partner in bringing that providers and effort ITom the public and from 5 training here locally. I think it would be in 6 this committee - it may be a suggestion that, 6 everybody's best interest, including ours, to is it a law enforcement problem, is it a mental 7 get our emergency services folks, our mobile 8 health problem? Well, I really can'( answer 8 screening teams, trained and to get a couple of 9 thai 9 folks up there and maybe talk to Michelle, or 10 I will tell you on May 241h we took a 10 whoever, who could help us do a - train the \I snapshol on our jail I said. give me a report 11 trainers and get that going And, you know, 12 today. 24 hours, on what we have and what we've 12 certainly we could sponsor and help that happen Il done with mental heallh issues. 13 too. 14 We had everything from acute schizophrenic 14 CHIEF SALLEY: That would be good 15 to dementia. And 4 percent of our population, 15 COMMISSIONER COYLE I'm sorry, Judge. Go 16 1,3S0 inmates, were acute, and we have a 16 ahead. 17 problem. We've gone from medical call to a 17 JUDGE HAYES: To some e"tent, ( know Bob and I 18 small onfinnary, now to a hospital inside our 18 were attending the Lee County Public Safety 19 Jail deal in8 wilh this and it's growing, this 19 Commission yesterday, and it's kind oflike one of 20 animal is growing and we need help. So I Just 20 those deja vu, all over again, slories. ThIS is 21 - whatever we wanllo do, iflhis is the 21 pretty much a lot of what we dIScussed yesterday as . 22 comminee to move forward WIth It we're asking 22 well. And everybody is on the same track. 23 for asslStance and by ISSlSlance it's funding 23 (think that the thmg that probably, at 24 and growth and training and so forth, bul 24 least in the Court's point of view, we're 25 possibly a group to look at and research and 25 trying to figure out, is not going through a . . . 4 dupl ication of seMces It doesn~ really maner to me whether il would be the David Lawrence Center or the Sheriff or our pretrial intervenlion, our officers or whatever it may be, but II seems that. even though ifs good to have all of the officers trained, withoul a doubt. it seems lhat - one thing. there are two prongs 10 this One is Ihe entry and one is the exit. The enlry IS to try to have early idenlificallon of stressors lhat cause people to be, you know. schizophrenics or somelhlng like Ihal, be able to Identify those early. And obViously Ihat's where I guess the forty hours of lraming, somebody has gollo have more than Iwo hours to see those people when they come into Ihe jail and say, this guy shouJdn~ be in tbe jail, this guy needs to be, you know - the Signal 20 type. needs to be over to David Lawrence for treatment or the diversion conccpt. That's the entry point. The exit point is the additional sources of treatment. I mean more beds. more facilities Obviously that's a lot more money. And it led me to two observations: One is. if 21 23 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 census IS usually around 13 of the 14 beds. But we had a couple of months where we were up al 16, 17 But our expansion would take us to 26 beds. I mean. we're like maybe half our way through the process of trying 10 get lhal approved. Wilh whal is going on on Golden Gate Parkway and tile constrw;tion and Sluff, we have had a difficulltime with water and stuff like that But we have our plans in place and we're prepared. We have soughl out additional funding 10 help us do that, so we are commined. feeling like we need those beds to even begin to think aboutlh.s You know. the other side of this is the whole - If you say it's going to be formal, we're going 10 have Cnsis Intervention Teams, iI's preny awesome. because it's a big thing. There are ways to do some little things as we gel ready for cn, whether il be partnering with some of our mobile screening teams. get law enforcement hooked up WIth calling folks at David Lawrence Center thatI've got to call And we tal ked about a database. Now, there are b 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 " 61 22 ~".;:II ;~_\I i i 2 3 the Sheriff's Department is working on that, then it seems to me Ihat -- nOllo throw il all on Iheir employees, but, if you've got an employee in place, it seems to me that's where we would want that person to be trained, to be that early identification detector, so to speak. And to -- right in Ihe front of the, you know, the funnel, the chokehold in the system, to say -- be a tralTic cop. You need 10 go here. You need to go there You need 10 go Ihere. Because I'm sure that Bob's stafT and the State Altorney, Steve Russell's staff would tend to agree. just as we would, that the sooner you can get them into the righl channel, the better off we are. the fewer cases they are going to end up having to defend or prosecute And that's where the theory of divel"liion comes from. The other question I had is. how many beds are actually being used now? MS. FREDEEN: We have 14 adull beds and 6 children's beds. Especially the last several months during season, we are often over census. There certainly can be lulls, but I think our average 6 8 9 10 11 12 1J 14 15 16 17 18 19 20 21 22 23 24 25 24 2 3 4 major HIP AA implications to having a database identifying indIviduals with mental illness and things I ike that But for those individuals that you frequent and that you are often called in on, to call in an emergency services screener to go on the call with you, there are some thmgs that you could do leading up 10 the implementation of CIT So, if we get a task force together, we could start meeting. We could aClllally identifying some baby steps that we could take now. CHIEF SALLEY: The only thing aboulthat, Bonnie, is - the only thmg we need is time. Once we identify someone, we need to move quick. That's the issue. And thaI's why we're looking at law enforcement, that -- and these teams, a lot oflimes it's 8:00 to 5:00. We're 2417, so we hit that team at midnight, 2:00 in the mornong, Saturdays, whatever. So you really almost need, for one team, five different groups because vacations, training and so forth. htakes a congregate of people. MS. FREDEEN: J know. CHIEF SALLEY: As you well know. you have 6 7 8 9 to II 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 . . . 2S 4 S 6 7 8 Q tG be there. MS. FREEDEN: Well, our emergency 5elVlCCS scrccnets arc available 24n, on site until 1:00 in the morning and back 'In site at 5:00 In the morning. And we have fGlks 'In call dunng the mght. So we may have to tweak Gur staffing and add additiGnal resources, but it IS cenainly wGnh talking about, how we CGuld test the waters a linle bit and dG things. JUDGE HAYES SGunds like everybody needs to go to your meeting on Monday. J don't want to invite everybody. but is that an open meeting? MS. FREDEEN: Or have a second meeting afterwards. CHIEF SALLEY: That is Sheriff Hunters 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 meeting JUDGE HA YES All right COMMISSIONER COYLE: Scott, there is something I need 10 get clear m my mind 1 have a couple of fGIIGw-up questiGns. Based upon what YGU told me here. it appears tG me that we're discussing some type 'If triage at the pomt 'If contact with the individual who might have the disabiJ ity. HGW dG YGU 80 about making a decisiGn that quickly 24 25 27 4 5 6 7 8 9 10 II having a hard time She was having a difficult time. She didn~ want tG press charges because ,t was her son So there are alaI of issues going on. and we have tG son that GUt. Thars really based 'In Qfficer discretiGn. experience and training. And each case is different. They are trying tG put that wedge intQ a square Gr a circle. and Irs not gGing tG wo"'. COMMISSIONER COYLE: Yes. The fGIIGw-up questiGn is. can we IdentifY thGse org/lnizations that shGuld be invGlved m a way that w,lI help you do that Job better? I understand they can't do ,t fGr YGu. but it appears to me that there's organizations whQ can assist in getting the person mto the right treatment pragram, perhaps befare cGnfinement. ifnccessaIy. But nobody is gaing to be able ta make the decisiGn 'If whether this person's behaviGr represents a threatta the publ ic safety Gther than yau. But what Qther arg/lnizanGns are likely to be able to help yau deal with this person Gnce YQU might have taken them into custody? CHIEF SALLEY: Those organizations are here. and I think irs just that - we tried 12 13 14 15 16 17 18 19 20 21 :22 23 24 25 " ... i b 102 26 2 3 4 5 6 7 8 9 10 II 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 about compassianate care for the individual and balancing that against public safety? And rm not talking about the chronic offender. someone you've encountered before. You know they are relatively harmless, althaugh their conduct might be bizarre, perhaps even unsafe at that time. But how about the first incident; how do you make that decision and how wtll you ever train officers at the point of contact, how ta make that decisian' CHIEF SALLEY Well, during the Academy, the basic training and the inservlce we have, we review that. ga through that There IS never enaugh training. It's really all at the officers discretian. That's the catchall. And hopefully we have the experience, the maturity, the officer that will arrive and kind af take everything inta -- in a quick snapshot, if you will, and make a decision that we all can Ii~e by. But there are times .. an individual I worked with yesterday was that he did not take his meds. His mother is very elderly and he went to reach for her and pulled the skin aff of her finger. He didn't know that -- he was 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last year We had a meeting, but it turns aut everyone's agendas were all either selling something -- not Bonnie's, af course. But yau know. there was a lot af peaple fram aut of town that had this snake oil and they wanted to sell it, and it became very confusing. And our mission was very straightforward and very simple at the meeting. And then all af a sudden it gat -- I thmk, With aversight, we could have a clear mission and mave forward But I'm speaking aut of turn The Sheriff wauld probably step on me for saying this. It isn't an all law enforcement problem, it's a community problem. And that's where we .. I had a call from Chattahaochee. We have an individual in the jail. And [ said, why is he still here? And they said, Sir, he'll be here for another four months. I said, Why? And I called Chattahoochee. And they said, he is the I 74th person waiting faT a bed. 174th. So that means 173 people have to go through the process before we can send him up to North Florida COMMISS10NER COYLE: Can we enumerate the organizatIOns you would like to see involved in this \-::~. r .~ 29 30 process' may - some of them may be Baker Acted So, 2 MS. FREDEEN: And I don't know how you feel but 2 you know, we've got to get on the same page Ithmk the loc;a1 hospitals are key as well, the 3 with our local hospitals as well, with that . 4 emergency rooms. 4 COMMISSIONER COYLE: Judge. Now, at tllat meeting that I was at last MS. FREDEEN: So those folks should be brought () year. I think there's a fear that they will end 6 to the table up with folks in their emergency rooms and the 7 COMMISSIONER COYLE: Judge Hayes 8 cost to them. I mean. you're not talking 8 JUDGE HA YES SCOll can correct me on th.s. but 9 people that you are going to collect money from 9 basICally there are three ways peoplc get into the 10 here, you an: talking folks that you are going 10 system in the mental health cases. Either the II to hold and find a way to fund, servicing these II relatives come in and petition and sign them up. so 12 clients in a different way, because you are not 12 to speak, or they're in the hospital for some 13 going to be - these are not paying 13 emergency room treatmcnt and the doctor can initiate 14 individuals 14 proceedings. Or, thirdly, a law enforcement officer 15 So I think there is a concern from that 15 at any time can initiate proceedings on his own or 16 perspective from the hospitals that, 16 her own 17 Implementing something like thIS. that some of 17 I don't know, you know, if you know how 18 these people end up in their emergency rooms if 18 often that you say thaI's done by law 19 there is a backlog. So iI's gening everybody 19 enforcement And I'm sure iI's done on a 20 on the same page. And - because we may say 20 regular basis, but I also would tend to think 21 that we're going to have eight beds that are 21 that, just speaking from my point of view, that 22 not crisis intervention beds, they are err 22 if I was the sheriff, I would be a little 23 beds. which means they don't have to be Baker 23 careful in that area. only because I already 24 Acted, they are there voluntarily, and in lieu 24 pay my lawyer enough as it is and, you know, 25 of Incarcerallon perhaps. or, you know. they 25 he's already kind of concerned about it. And . 31 32 thaI's where the two hours probably is 3 and do a law enforcement and take them in? I invested, is so that, when they are on the mean. law enforcement would prefer the hospital street and have to make a call, hopefully they and the hospital would prefer law enforcement 4 made the nght one. 4 do these things. And we would all prefer that Otherwise. once they actually get, quote. a relative do it so they could go sue their mom 6 in the system. ie. arrested for some reason. 6 or dad or whatever. '7 then they end up at the Sheriffs Department. 7 But I would suggest that, if you would be 8 And thaI's when whatever team It may be. you 8 willing to chair such a committee, I think that 9 know. really can take as long as they like to 9 our probation officers ought to be involved. 10 examine thIS person. to interview this person 10 David Lawrence, somebody from the hospital II and to make a detennination whether to send II should be invited to participate. Anybody who 12 them down Track A. B or e That's a more 12 can, under the statutes, initiate an 13 reliable track 13 involuntary proceeding probably should be on 14 Unfortunately, it's a more drastic track 14 such a commillec, to look at it and see 15 because it means you are under arrest, 15 Because I think Ihere are multiple choke-holds 16 basically. Even if it's a civil commitment. 16 in the system here as to where. and they are 17 you've losl your freedom to make a decision 17 all going to have a different cost, impact on 18 here and somebody else is going to be making 18 the tinances. Being aware, you Just choose, 19 that for you And .t's probably more rehable 19 ynu knnw, whIch syllable you want to emphasize 20 And. no offense. I thmk you'll agree iI's more 20 COMMISSIONER COYLE: I've got probatIOn 21 lrained and more profeSSional than asking the 21 officers. David Lawrence, hospitals and the police . 22 guy on the street 22 depanment. Anybody know any others who should be 23 I've never been able to tlgure out how 23 involved in this? And, just so I'm clear, we're not 24 lhey do such a good job as it is 10 make a call 24 talking about creating a commillee to go out and 25 right then and there. Am I going to be Problem 25 second guess what the police officer is doing at the :! J . 4 5 6 7 8 9 10 II 12 13 14 15 16 11 18 19 20 21 22 D 24 25 . 2 J 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 . 22 23 24 25 33 poinl of contact CHIEF SALLEY: No COMMISSIONER COYLE We're talking about after Ihal polOl. righl? CHIEF SALLEY That's why I saId - JUDGE HAYES. Thafs why your group oughllo chair It I mean. Bob. J don'l want to put you guys, Mike. in a bind hcre. bill you guys are fi~1 role. first Icvel playcrs on that. too. I know you guys are busy. but you probably oughlto sec -- I would suggest. you know. somebody from the public dcfendcr oughlto be there as well. MR JACOBS And in Lec County lhey havc menIal hcalth court, which takcs some of Ihese peoplc in lhe lOitial - JUDGE HA YES: That's onc of my nolcs hcre WIth our new judses. MR JACOBS: That would be our involvcmcnt, too. JUDGE HAYES: Thats onc of OUI agcnda ilcms. " 10 start a mcntal health court. oncc wc havc the new judgcs MR. JACOBS: Wc should have the courts Involved. 3S intimc COMMISSIONER COYLE. You guys want 10 loss a com? CHIEF SMITH Chairman. if I could. reentry would also havc a rcprcscntativc on Ihis. Thcyare going 10 make a prcsentation in a fcw mlnutcs. bullhis is dealins with a lot oflhe same issucs. And. if I may. I would Iikc to include a representative I would be more than happy 10 do whatcver you likc. COMMISSIONER COYLE: Sincc you are going 10 bc the chair of this. why don't you dcslgnatc lhe people you would like, talk with them and gel thcm 10 panicipalc1 And maybe at some fulure meeting you can give us an updale on whcrc you arc and whal decisions you're recommcnding CHIEF SMITH Thank you. COMMISSIONER COYLE Okay. We may as wcll put this to a vote. Is there a mollOn 10 creatc such a committee and ask Scott Salley to chair it? JUOOE HA YES: I would so movc. COMMISSIONER COYLE: Molion by Judge Hayes and I'm sure Robert Jacobs- /vIR JACOBS: I'll sccond .161 J! '1 l:lo-, ' 34 2 J 4 S 6 7 8 9 10 ]1 ]2 ] 3 ]4 15 ]6 17 18 19 20 21 22 23 24 2S JUDGE HAYES: Well, Mr. Middlebrook is being voluntcered by me MR MIDDLEBROOK: Thank you, Judge. JUDGE HAYES: You'rc wclcomc. COMMISSIONER COYLE: Is there gcneral agreement? Is Ihere a mOlion that we create a subcommittec consisting of representatives from the probalion office, DaVId Lawrence, the hospitals. police department and, of course. the courts? And I think Mr. Middlebrook has already been volunteered And -. yes. ma'am? MS RAY: And J think we should also add NAMl. COMMISSIONER COYLE Who' MS. RA Y: Thc National Alliancc on Mental Illness should be part of this program. COMMISSIONER COYLE: I don't know that we have the authority to name them as a subcommittee here, bul we can certainly ask for their panicipation MS. FREDEEN. They would definitely want to panicipale. COMMISSIONER COYLE Then what we will do is establish our subcommittee here, and I understand Scott is gOlOg 10 chair that' CHIEF SALLEY: Chief Smith walked in right 36 2 3 4 COMMISSIONER COYLE: We have a second by Mr Jacobs. All in favor signifY by saying aye (Unanimous say of ayes.) COMMISSIONER COYLE: All opposed by like sign? (No response.) COMMISSIONER COYLE: Then the subcommittee is cstabl ished. And thank you very much, Scott. And the next presentation. as a matter of fact, is Scott Salley's on the inmate reentry. CHIEF SALLEY. I'm Scott Salley, Collier County Sheriff's Office. 1 have three speakers I would I ike to introduce. Fi~t, Lieutenant MIke Dolan. Distric! 88. which is Immokalee. and Mike is very aebve with the Weed and Seed, and 1 hope Mike will have a few mlOutes to describe the Wced and Seed program in tmmokalee and how it's going. Directly to his right is John Lawson of thc Southwesl Leadership. MR. LAWSON One by One Leadership. CHIEF SALLEY: One by One Leade~hip, ['m sorry . 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . . 2 JUOOE HAYES He's actually married 10 a more famous person. MR. LAWSON: My wife is a Golden Apple A ward winner. CHIEF SALLEY: Then last. but not least, is Sinclair Williams, who is going to be the forefront leader on this wIth the PowerPoint. And, Sinclair, I want to welcome you and the other two esteemed guests. And you now have the floor. MR. WILLIAMS: I am Smclair Wilhams and I'm the director of the Prisoner Reentry Initiative Leadership Foundation. Commissioner. you asked some relevant questIons as 10 what we're going to be presenting today, and John Lawson IS the Executive Director and he will share some. and 111 share some. John, why don't you go first MR LAWSON: Certainly We basically wanted to share with you ow experience in ImmokaJee. so Lieutenant Mike Dolan will share about lhe Weed and Seed aspect of it. I wanted \0 gIYe a broader overview of whal is happening 37 39 4 5 6 8 Q 10 II 12 13 14 IS 16 17 18 IQ 20 21 22 23 24 25 3 4 it's very likely Ihat Flonda will have more than its share. People ask why, don1 we just keep them there' The way it's sel up is 93 percent of the people who are incarcerated will be coming out. 93 percent. So we have to prepare for that as a society. We have to move forward. They have medical problems, often they are uneducated. They are unskilled oftentimes and they are lacking m family supports. In our local jails throughout the United States there are 10 to II million people thaI are commg OUI of local jails every year. And 10 Collier County I believe that there's around 20,000 releases. Some of those are the same people, so I don1 know exactly the number. think they stay there an average of 16 days. but many of them stay there much longer. I have been going into the jails and teachmgthem Bible study, and I see a Jot of Ihe same faces, so I know that many of them do that. It's also economically wise to remtegrale people back into lhe society It costs from 522.000 to 530,000 to remtegrate a person. If you offer GED, life 6 7 8 9 10 II 12 13 14 15 16 17 18 IOJ 20 21 22 23 24 2S 2 3 4 You've heard about the entry into the system We're going to talk about the exit and its impact on society, why iI's economically wise to reintegrate prisoners into society and why it reduces crime. The impact incarceration has on the family unit has some very negative aspects. They lose finances, it dIsrupts the family unit There IS no parental supervision for these kids. In fact. we have been working with the Prison Fellowship right now. and they have identified 429 chlldren of federal and state prisoners that are in this county, and that doesn't include the local jails. So there are some issues in regards to how that affects OCF and other organizations. There are some trends that have been occurring over the last several years. In 1970 there were 250,000 prisoners nationally Today there are 2.5 million, and in 20 I 0 that number is projected to be 3 million. The frightening statistIC is that 600,000 of these federal and state prisoners are com ing back this year. And the largest, or the third largest stale WIth federal and state prisoners is Florida. So 6 7 8 9 10 11 12 13 14 15 16 J7 18 19 20 21 22 23 24 25 40 2 3 4 skills or career training in the jails as a start of Ihat process, then you can reduce the workload of some of the existing staff members and begm to get them on a track for employment once they get out. There is a return on the investment. I think one of the most important things is, this is a VIctim friendly sort of approach. It's not designed to be, you know, easy on crime. It's not. And if you just pIcture for a moment a person getting out of jail. and the first person they meet is a person that they used to sell drugs with. Well, where are they going? The critical path is already lost And if they are already set up with ajob interview or have Just recently received a GED, they are going to maybe focus more on that and are less likely to be focused in on creating havoc in the community. So there are other economic factors II could reduce the need for new jail cells. II could increase worker productivity. which I think is perhaps the greatest benefit And how does this reduce crime? Well, I spoke briefly about the critical path that people 6 7 8 9 10 11 12 J3 14 15 16 17 18 19 20 21 22 23 24 25 t,.: .~ ;f 41 42 .~... have. Tbey need to be set for success and not to work with that. to strengthen those focused In on revictimizing people And we 2 relationships. we address the issues of 3 believe that, if they are rejoined with their 3 housing. We address other instItutIonalized . 4 family and given some skills to reintegrate 4 issues and mental health issues if necessary with their family in society and have a job, So today we have Lieutenant Dolan and 6 that we're goong to have a much higher success 6 Sinclair Williams to talk about the program in 7 rate. 7 Immokalee and the experience there that started g The shocking statistic. as I mentioned, g with Weed and Seed. 9 aboullhere are 429 children of pnsoners, and 9 So I'll defer to them at this point and 10 these children have a six times rate of 10 then we'll open it up for questions. II incarceration themselves, so six times more 11 LIEUTENANT DOLAN: I'll talk about the 12 likely to be incarcerated. But if they are 12 Weed and Seed program. It's a federally-funded 13 given a mentor, they are less likely than the 13 mandate. They gave us a chunk of money. to the 14 ll"ocraJ population. So we can change that 14 Sheriffs Office and the community, and the IS statistic by providing mentors. And both the IS community asked that the Sheriff's Office 16 Quest Program, the Educalion Foundation and Big 16 partiCIpate in this. Actually the community 11 Brothers, BIg Sisters have agreed to come to 17 demanded that the Sheriff's Office participate 18 the table to help with mentors and even college 18 on this. And Sheriff Hunter said. yes. I will. 19 education for these kids, to begin to stop this 19 BaSIcally Weed and Seed says we're goong 20 cycle of crime that has been par1 of their 20 to weed out the bad buys. and that's going to 21 family history. 21 leave a big void And who always fills that 22 We need to remember that victims rights 22 void but another bad guy. So the weeding is 23 need to be appropriately addressed. but that 23 easy. That's my job. I put them in jail and 24 also many oflhe families themselves are the 24 we gel the revolving door effect Put another 25 firs! victims in issues. So when we can begin 25 one in jail and put another one in jail. Next . 43 44 thing you know ('m puning in granddad. dad. must see. 2 brother. siSler. So weeding is easy. it's the 2 Remember the scene where Nemo is goong 3 seeding pIUt that's the hard pIUt. 3 away from the reef, and his daddy is saying, 4 That's what we're coming to you today 4 Nemo, don't go out there, it's dangerous. And about We seed the community with faith-based he goes a little further, tests his father. 6 programs. with secular programs to create some 6 Nemo, don1 go out there Finally Nemo touched 7 sort of a community initiative to stop the 7 the boat and we stop the video and say. what 8 VICIOUS cycle. We're doing things like Hot 8 have you learned? Honor your mother and 9 Summer Nights. We assign a deputy to go to the 9 father. And we talk about first time 10 kids, during the summertime. to meet with the 10 obedience. Mom says thIS, Dad says that. The II kIds. We found the kids were on the street at 11 first time you do it, and what happens when you 12 10. I I, 12 al night. And when I'm talking 12 don1 do it? And then the deputy stops and 13 about kids, I'm talking about kids. on the 13 they enjoy the rest of the video. 14 S1~ets at 10. II. 12 at night, that late. And 14 The rest of the video shows what happens 15 they're hanging out with brothers on the street lS when you don't listen to Mom and Dad the first 16 comer dealing drugs. And we needed to find a 16 lime. With thaI we start gening the kids off 17 way to get them off the street corner at 17 the slreets and starting to change the very 18 10:00 al nIght 18 young It's not gOIng to be 100 percent, 19 So we started shooting VIdeos outside of 19 change 100 percent of them, but if we can just 20 (he buildings and outside of produce trucks. 20 change a small perccntage of them, that's an 21 And, instead of shoot'"8 any old VIdeo, we're 21 effective seeding program. . 22 saying. let's get a video that has - that we 22 Gelling back to prisoner reentry, like It 23 can teach some sort of a character trait. Like 23 or nol, like he says, these guys and girls are 24 Finding Nemo. How many people have seen Nemo? 24 coming out of Jail and lhey're going to move in 25 G~at movie. If you haven1 seen it. it's a 25 right next to you and to me. They're going to 45 1 6 , 1 !'~ 46 victimIze their mothers. their fathers, me. How can I help you stay off the street brothers and sislers. And unless we just keep 2 comer? Why don't you have a job? Well, no buildinll billl!Cr and billller and billller jails. we 3 one is Iloinlllo hire an ex-con. Well, I know . 4 have to come up wilh a differenl solulion. And 4 someone who will hire you. Here is ajob. You lhe solution the pnsoner reentry is tryinlllO 5 have Iransportation? No transportalion? Here 6 do IS stop lhat vicious cycle where they commit 6 is the CAT bus. Here is a company that will 7 a crime. get out of jail. Commit a crime, get 7 send Ihe bus, in this case to Immokalee, to 8 out of jail. Commll a crime, get out of jail g pick you up and deliver you to work and take 9 We need to give them a reason to succeed 9 you home. And the good part of this is, it's 10 Instead of a reason to fail 10 al most free II They're very good at identifYing things 11 You know, we're dealing, for lhe most 12 like. do you have an education? No education? 12 part. with faith-based vol unteers. mentors. 13 Okay, here is how we do a OED And we'll sign 13 That COSlS something. We have to pay salaries. 14 you up. And not only will we sign you up -- 14 And [think your greater vision is to come up 1 S and Sinclair is very good He'l come to the 15 with a halfway house. because sometimes they 16 house and say, How are you doing with your 16 can~ go home to Mom and Dad because, frankly. 17 education? PelSOnal mentor. 17 Mom and Dad may drag them down. So tha(s Weed 18 Same with lhe faith-based organizations. Ig and Seed. We weed out the bad guys. 19 The churches are coming forward, and they are 19 These guys come in behind us as one of the 20 free. full of volunteers and saying. hey, 20 seeding programs and try to seed that commuRlty 21 brother. how are you doing? Are you still on 21 WIth those good initiatives that will change 22 the street comer? I saw you on the street 22 and violate that cycle, that vicious hurricane. 23 comer the other nighl What are you doing on 23 tornado that sucks people down and they don't 24 the street comer? You know what happens on 24 know how to get out. Thank you. 25 the street comer. Come with me. Share with 25 MR. WILLIAMS: We believe lhat a . 47 48 successful reentry program needs Ihe effort of I'm on Ihe streel every day talking to 2 all of us. the cenler. churches. 2 employers aboul hiring these people. 3 What we have here is a diagram thaI shows 3 Education. The Lieutenant talked about 4 how lhe chun:hes inleracl, family. job 4 Ihe OED and olher prollrams. Counseling, stability. All oflhem increase interaction 5 housing, food, clolhing, household needs. 6 and Intel!lallOn and thus reduce Ihe fact thai 6 Special events. We want 10 have family 7 they were in prison. 7 picnics, family seminars and conferences. g Church programs involve mentoring. 8 And, in conclusion, we know that the high 9 lraining. Ihings thaI we are n:ally high on. 9 rale of incarceration is a concern for the 10 mentor matching, menlor support, church 10 public. All of US arc concerned thai returning II reImbursement fund. We need money to run this II offenders to the communities that they came 12 prol!l"8m. 12 from can be very. very dangerous, more D Support I!loups like Bible study, substance 13 dangerous than what they were before. 14 abuse and spouse groups. children's groups, 14 With all of us working together we can 15 help the people who come back from prison 15 reduce that and that can be our top priority. 16 connect wilh their children agalR 16 And so, ifall of us gel involved, I think we 17 David Lawrence Cenler and Bonnie She IS 17 will successfully reintegrate people back into 18 one of our partners down there al the center J8 the community. 19 and helps with assessment. We work with 19 Questions? 20 Goodwilllnduslries. transilion plan, CriSIS 20 COMMISSIONER COYLE: Thank you very much 21 intervention 21 Judge Hayes . 22 As far as for employment. we have just 22 JUDGE HAYES: I think everybody here agrees 23 started this program and we have 69 23 that anything you can teach them other than making 24 participanls and 21 of them have found 24 license plates is a very useful skill, because there 2S employment. We're working diligently in that. 25 is no skill for making license plates. But I think . . . 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lhal clearly, if education -- I mean, church is Important but most of the people that arc ending up in our jail -- and tills is part of the Governor's mitiallve of leaching somebody to read. And, I mean. if they can come out and read - or probably. in Immokalee, I would say 10 read and converse In a different language. I mean, a lot of us arc trying to make - and I'll speak for myself -- arc making lhe transilion to speak Spanish. But [ think for a lot of these folks it would be very helpful If they could also speak English Thai'S really how they're going to be brought into the mainstream BullthinJc lhat - I think your program sounds great. especially If you are working on GEDs and teaching them English That is the Governor's mantra. LIEUTENANT DOLAN: One of the concepts lhal we've entertained is approaching Ihe judiciary and saying. as a term and condition of your probation, you will come into compliance with thIS program. And. of course. part of that program is, you're going to get assigned a mentor. And he or she will grade 49 51 4 IS, I would like to remind everyone, first of all, it's nol soft on crime. Let's get that out real quickly. Number two is that. the day they are incarcerated. the process begins. and Wllh a sponsorship. Just like you go to AA. NA, you now have someone that you can lean on, if you will. Because the reason they arc there. many times tbey arc dysfunclionaL And that may not be the right term to use. I apologize, Bonnie. if that's not tbe rightlerm. But. you know, what I'm saying is. they have done something to create thiS probtem on their own Bul it could be education, it could be substance, it could be a myriad of different thinllS or combinations, but now they have somewhere, a platform for support. Yes, family is important, but they also need Ihis other plcce of education, or give them guidance. They need a coach. And the research that I've seen on reentry or reinlegration into society is eXlremely high. but it lakes a 101 of time. It lakes mentors, it takes volunleers. And 1 think .. what's the number we have, now, Sinclair, that we use in 6 7 8 9 10 \I 12 13 14 1 S 16 11 18 19 20 21 22 23 24 25 1 2 50 1 2 you on how you are domg at home, how are you doing at work, are you staying at work' Not replacing probation, by any means, but probation is too busy to go to their houses. County probation says, come to me and lell me how you arc doing. This program is the exact opposite. This program IS saying. I'm going to go to your home and see if you have the Playboys and the alcohol and et cetera They're going to see exactly what. are you living where you say you are living? Are you living a life you are telling the probation officer you are allegedly liVing? I don1 know if it's too soon for that recommendation, to ask the judiciary to make that a term and condition of their probation or their sentence or something like that. That's one of the thoughts that we're thinking, long term, something to think about for a little bit. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HA YES: Okay. Interesting idea. CHIEF SALLEY: Scolt Salley, Colliet County Shetiff's Office. One ofthe aspects that I personally would like. and I would like 10 share It WIth you, 52 4 lmmokalee? How many do we have Signed up' MR WILLIAMS: 79 CHIEF SALLEY 79. We have 79 already, and we just started a few months ago. And they volunteered to have this process. So I'm very pleased with that. COMMISSIONER COYLE: Any other questions? Thank you very much for the presentation We're going to be going until no later than 4:00, so would you like to take a break' If not, we'll go into the next malter on Ihe agenda, the case manager position uptake. And Chuck. Rice is going to do that for us. MR RICE: I'll defer to Matk Middlebrook MR. MIDDLEBROOK: Mark Middlebrook, Court Administra\lon. We just want to let you know where we are at with the case manager poSition. We're currently in the process of obtaining all of Ihe case informalion that we need to determine where we are right now. It's a tremendous process because, unfortunately, many of our data processing systems are antiquated, al best, and we have to manually obtain many of tile numbers 10 determine where we are 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . . 53 4 So it's been very difficult. but 1 just wanted to share with you quickly that. in the lirst four months of this year, our disposition rates in Criminal Coun. in Circuit Criminal Coun, is 177 percent That means that lhe number of cases that came in, they disposed of 177 percent of that number. So. in felony coun you can tell we're working very hard 10 get rid of the backlog And the backlog is what is huning the Jail because they are predisposllion inmates In counly coun they disposed of 24 I percent in four monlhs. So we are moving forward. We are laking the directlDn gIven to us by the Chief and by this comminee to try and do what we can do as far as the co un syslem and, with the help of the Sberiffsjail commander, to move these cases, to get them out so lhat they are no longer predisposilion but post-disposltion. But that's where we are right now, if anybody has any questions. COMMISSIONER COYLE: Do we know how this has impacted jail population? MR. MUDD. Thejail population is llOing 6 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 tremendous. COMMISSIONER COYLE: The rate of incarcerations is actually growing, but the jail population is dec:llning. Something good is happening somewhere, unless you have a lot of escapees. CHIEF SALLEY: No, Sll I'm happy to repon, as of today. We're looking atlhe time they have been incarcerated That has been lowered SIgnIficantly. I think everybody has been made aware of it through this committee and It'S paying oIT COMMISSIONER COYLE Good. JUDGE HA YES: Plus we have two brand new counly COurt Judges coming on July the 1st, which we hope - the compilation of Slate attorneys are probably finished, but that requires us accessing a fund from Tallahassee. and I think we're on track for that MR JACOBS: ]'ve a1hx:ating two new positions for those judges here in Collier Counl)'. JUDGE HA YES: So we should see an even more serious impact on the system as far as feeding this through. 22 23 24 25 161 10 2 54 2 3 4 down. from what I saw It was about 100 or so inmates less. And I monitor it month to month COMMISSIONER COYLE Is this the reason for it going down or is there another reason' MR. MIDDLEBROOK: We'll take that Butl believe it's a concened eITon on everybody's pan to try and -- what we're trying to determine IS, we don't know if we are moving these cases as quickly as we can possibly move them or not That's the next step. We believe we're somewhere around 120 days in county co un. from the date of aITestto the time they are out of the system. which is pretty darn good. Obviously in circuit coun, which is felony, it's going to be a little longer. but we can't give you that answer right now. The reason that the jail population has lowered is because of these efforts. These are the totality of the efforts of everyone. COMMISSIONER COYLE: So the number of lhe incarcerallons is essentially remaining the same on a monthly basis; is that a fair statement or is it growing' CHIEF SALLEY: It's growing. It's not 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 2 3 4 COMMISSIONER COYLE. Good. Any other questions? Thanks Mark. Good progress. We're going to keep doing this for a while. right? MR. MIDDLEBROOK: Yes, sir This is going to be the nonn. 1 hope. JUDGE HAYES And let me go ahead and point out, we have probably three more judges coming on line as well in January of'07. The governor. I think. IS choosing not to sign the bill because they are all elections and he wanted appointments. But even if he doesn't sign the bill, it will become effectIVe, operallonaI, whatever the magIc language. on July the 1st But they are all elections, so they will be running in July and elected in September. And we should have them on board In January, February of'07. MR. JACOBS: For Skip's benefit, we'll need two new offices. MR. CAMP: I'll write it down. MR. JACOBS: Roben Jacobs, Public Defender. for the record. COMMISSIONER COYLE: You can strike his comment. Okay. That finishes old business. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 58 leI's go into new business. We have the really, evolution of the criminal justice 2 jail master plan discussion with Mr. Mark 2 system to really what I consIder to be a 3 Miller. 3 thoroughly professional major league operallon. . 4 MR CAMP: We're going to -- for the 4 Back in -- as part of our recommendations record. Skip Camp We're goinllto ask Peter 5 in 1997. we identified a couple of key areas. 6 Hayden. the project manager for this project. 6 And today, Just in this meeting, we're able to to make the introductions. 7 witness again what -- those things that we S MR HAYDEN: Peter Hayden with Facilities S recommended, see them imptemented and see how 9 Management 9 they are going to go forward into the next ten 10 Back in April of this year the Board of 10 years. II County Commissionel'$ approved a contract for 11 One ofthe key parts .- It seems so 12 Schenkel. Schultz to update the existing jail 12 simple -. was data collection. Back in '97 13 master plan 13 there wasn't a lot of data collection being 14 Today I have Gary Krueger and Scali Moore 14 done. The criminal justice community really 15 and Teny McManus of Schenkel. Shultz. 15 wasn't speaking the same language And we went 16 Actually. Teny is going to be making the 16 around and interviewed each one of those 17 presentation today. 17 people, and they all tal ked a ditTerent IS MR. MCMANUS: Teny McManus with 18 language. So part of the recommendallon we had 19 COlTC(;tional Planning Services. I'm a 19 in 1997 was, leI's all talk the same language. 20 consultant. criminal justice consultant with 20 Let's understand that the jail capacity is the 21 Schenkel. Schultz. 21 back end ofthe system. but there is a lollhat 22 And nine years ago I was on lhe planning 22 goes on to gel 10 that point 23 learn Ihat did the study updale for Collier 23 So iI's great to see the unified council 24 Counly. And over lhe las\ nine years I have 24 here. II's great 10 see alternatives to 25 been able 10 witness lhe development and the. 25 incarceralion being talked about And, in the . 59 60 last nine years, we've built a new Immokalee And then, when you built the jail beds, 2 Jail Center, expanded the Naples Jail Cenler. the system needed to correct itself and 3 and currently we are finishing up the actually start utilizing iI, the numbers. 4 renovation of that. 4 People In jail were actually being kept The one thing we dldn'l plan on back then 5 artificially low because there was no place to 6 was the rate of population growth being as 6 put them great as it is. I think in 'S7 we prOjected a 7 So, as a criminal justice community, S shade under 300.000 for the permanent S everything, starting with law enforcement and 9 population by this yeu. Irs even higher than 9 ending with the sheriffs office in terms of 10 thaI. And the seasonal population is much 10 jail population, is a circle, and it needs to II higher than what was projecled back Ihen That II be studied again. We're at the point now where 12 lranslates into jail beds., and iI's a functIon 12 we've been asked 10 look at a three, five and 13 of being from up north where less and less of 13 ten year projection for jail population, jail 14 us are lhere, because they are all coming down 14 beds, and, you know, look at where we're gomg 15 here We are seeing we're not calching up. 15 10 need to be to continue the seIVice that 16 We're not keeping pace with Ihe rate of 16 we're providing for the citizens of Collier 17 expansion because nobody ever thought il would 17 County. the public safety for the county. 18 be Ih.s great. 18 We JUSt have begun that data collection 1'1 Ithmk years ago when Chief Smith and I 19 and were fortunate, at least, to come in front 20 were worluns on lhe planning learn, we said, 20 of this Ilroup and talk about maybe some of your 21 there .s a nice mid-range here and it looks 21 needs thai you have, and all8in witnessing the . 22 like lhat is where the growth is going to be. 22 programs Ihat are out Ihere, alternatives as 23 You know. irs goinll to hit this mid-range 23 well as diversion in jail and acceleraling the 24 level. And. in reality. It was much steeper 24 caseloads. 25 than that Sleeper in terms of population. 25 I was ?Ieased 10 hear. Mark, the rate of 61 62 " ) case processing. because. you know. that's a quan benefit that will lower t~ Jail beds. But. at 2 With the Naples JaIl Center here, this IS 3 the same time. if It doesn't stay at that 3 a forrmdabJe jail in the middle of a government . 4 level, it will get out of hand again. It's 4 campus. It's probably the biggest user of 5 hard to do and it's hard to train the criminal water on the campus. Probably the biggest It 6 justice community and the judicial community to 6 has certainly the most sewer impact. [s this work al thaI faster rate. 7 something that we want to continue to grow on 8 But the proof IS in the numbers. And 8 this campus? And then t~ possibility of, 9 that's one of the things we're gOlOg to do. is 9 maybe there is another site, some other place 10 analyze the numbers that the sheriff's office 10 that we would look at and develop a plan that II has 10 teons of lenb'lh of incarceration And 11 would be an operationally efficient one. fit 11 we.1I be able to tell this group what that 12 into the overall theme of what Collier County 13 Impact really meant, what the numbers actually 13 is trying to do in the criminal Justice system 14 translate to in teons of Jail beds. 14 and identify that. And. you know. again maybe 15 The other part that we're going to look at 15 that's the last part, that's the future, the 16 IS developing a phased implemenlation plan, and 16 ten-year cycle. 17 that IS how we're going to meet the jail bed 17 We don't have preconceived notions about 18 needs over the next three. five and ten year 18 any of this We come here today basically to 19 time horizons. 19 introduce the fact that we're working on the 20 We have the new Immokalee Jail Center 20 process. ask for any comments that you might 21 which was designed for fulW"e growth. We have 21 have at this point. And the next time you 22 to study what this future growth means, because 22 meet. we will be in front of you With a draft 23 It'S a remote facility. There are 23 report talkmg about the criminal justIce 24 transpoltation issues lhat come into play in 24 system and where we're at. 2S thaI. and lhose have 10 be identified and 25 So if there are any questions. I would be . 63 64 glad 10 take them. Style. I don't see that happening in Florida at JUDGE HAYES: J have a question. this pomt. But economics can cause certain thmgs COMMISSIONER COYLE. Judge Hayes 3 to happen, or lack of funds. 4 JUDGE HA YES It's the kind of a question I had 4 I was going to say, you have some for David Lawrence as well. interesting ideas as well, because I don't know 6 We're all kind of victims of our own 6 how long this facility will hold up. I don't 7 success in anracting all of this population 7 think anybody does. 8 Have you - is it part of your job to look at 8 Based on what we've done historically, I 9 the possibility of. 20 years from now, this 9 can remember when Judge Smith moved the 10 jail being actually a city municipal jail and 10 courthouse from Everglades City to that foreign II having a sheriff's department someplace else' II territory called East Naples. And it seemed to 12 I mean, do you look that far down the road? 12 be sacrilegious back at that point I don't 13 MR MCMANUS: Our time line horizon is 13 think anybody even thinks twice about it now. 14 ten years. And, since I was here nine years 14 Something you might look at 15 ago. I've seen what happens in ten years. and 15 MR MCMANUS: I think long-leon Visioning 16 It'S remarkable. That isn't neeessarily part 16 I ike that does factor into the planning that we 17 or our scope. And. you know. I don't know what 17 do. You know, the time frame that .. or I 18 the trends are going to be. 18 guess the prOjecting three, five and ten years 1'1 JUDGE HA YES: I mean, I'm thtnktng thallhlS 19 is pretty ambitious anyway. BUll guess the 2U campus IS probably not going to hold everybody who 20 overall viSion. if thIS is not where the future 21 IS currently here. 21 of the government campus is going to be, where . 22 MR MCMANUS: Right. 22 would it be? And certainly the connectivity 23 JUDGE HAYES. For sure, 20 years from now. 23 between the courts and the jail is something 24 unless we have an involuntary populahon reduction 24 that's very important We certainly learned :!5 otherwise known as - serious release. California 25 that by the jail expansion here as well as when . . . 65 2 we were doing lhe renovation. You know, it's really what makes it tick. But many olher junsdictions are able to handle il differently. So it's a judicial philosophy thai we're trying to respect and " t> 7 8 9 10 II 12 IJ 14 IS It> 17 18 1'1 20 21 22 23 24 25 mamtaln COMMISSIONER COYLE County Manager Mudd. MR. MUDD: You slarted out your presenlation by saYing lhe Immokalee Jail is a remote site You have 10 get out of that mlndsel because that's where probably the county seat will be. And so you aren't out there far enough for me. I've already lold Facilities the next jail you build, make sure it's expandable so it builds out to our buildout population. which is I,06b,OOO So, if you get out there with me, you'll do a lot beller Bul. first Ihing you have 10 undersland is, the Immokalee Jail is not a remote site in your planning horizon. And Otange Tree is probably a pretty damn good location for the new county seat. if you Ihink about il. in lhal general vicinity. One of the Ihings thai you also need 10 67 2 3 4 MR MUDD: Yes. sir. COMMISSIONER COYLE: How is il inlerfacing wilh the Sheriffs Depanmenl? MR MUDD. II does lIlies into them. And remember who started Ihis? Chief Smiln and 6 7 8 9 10 II 12 13 14 15 16 17 18 19 COMMISSIONER COYLE: Okay. MR MUDD: They're linked altne hip. COMMISSIONER COYLE: 1 wanted to make sure all of Ihe relevant parties were lied In here and participating in this process. CHIEF SMITH: If I can make a couple of comments? I'm ChiefOreg Smilh. Collier County Sheriffs Office. How we got here 10day was the fact thai we recognized that the lasl master plan for the jail. which was done in 1997, only gave us values up through 2012, and we're rapidly approaching lhat And, quite frankly, with the unantiCipated growth, we've already outstripped those numbers. We approached the county manager and infonned him that, you know, we need 10 update that stud) yel again. You jusl can't do a 20 21 22 23 24 25 161 1D2 2 3 4 5 6 think about is .. and Mike whispered in my ear .. is right now you have Ihe defendants and plaintiffs and Ihey all stand in from oftbe judge. They might all be on the movie screen in front oflhe judge and they don't necessarily have 10 be there in person So remole trial,s not out of the ordinary in the futur., I don't think. And I believe if we don't gel out of that mindsel, we're in for a rude awakening, because that means, for every jail cell that I build in Immokalee, I also have to put in a courtroom because they have to be in sync wilh each other. I don't think that's financially feasible either So there are some thoughts that we need to put togelher as we take a look al this process and look at the whole thlllg. And we've got to get out of the box and don't get tied to this footprint The jail is nol going to get any big better In this footprint You know it and I know it It's in Ihe PUO. COMMISSIONER COYLE Just a procedural Question. Who is commissioning this study; the county government, the county manager? 8 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 I 2 3 4 study and put il on the snelf and rely on it. You have to do a great deal of planning along with any olher piece of infrastructure in a growing. dynamic county. He was very receptive to thai, agreed fully to it We have been workmg with Facilities Management and the county manager, along with various components oflhis group, In an effort to update that study. And we have a great opportunity, one which hasn't availed itself too much III Collier County, thanks in pan to the leadership of the current Board of Commissioners and the county manager. that we want to do some foresight and planning. The lasltwo jails that we've done. actually three Jails, have all been in crisis management mode. And we have a chance in this case to do it right the first time. And I think we ought to take full advantage of that and heed the words of the county manager today and do some out-of.the.box thinking and look at some different venues. so when we do put pen to paper, as far as going to the design developmenl stage, we're going to do something that we don't have to continually go back and 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . . And I would - it would be my argument that we do not need thai facility in Broward County. 11 may be beneficial to other counties on the East Coast but I think we can handle our people and keep a safe and secure county by usmg state certified officers. Very short queslions1 COMMISSIONER COYLE: Scon' CHIEF SALLEY: Yes, sir COMMISSIONER COYLE: Let me ask you a question Once the person has been tried and sentenced by the Court, why do you care where they arc incan:elllted1 CHIEF SALLEY: They go into the slate system. They're not going to be in Jail. Once they're tried. they go. 2 redo and say. I wish we had done it this way. ThiS gives us an opportunily to do It nghtlhe tirsttlme and really take advantage of It. COMMISSIONER COYLE: Thank you Any other queslions or comments' Thank you very much Our next presentation also IS Scon Salley. We wouldn't have an agenda today if it wasn't for Mr. Salley. CHIEF SALLEY: Scon Salley with the Colher County Sheriffs Office We're passing oul a modified position paper Skip asked me a few weeks ago, under the direction of County Manager Mudd. If I would meet with Mr. Ray Hodge. He's the senior director of business devetopment for the Corrections Corpollllion of America, which is a corpollllion out of Nashville, Tennessee. one of the largest in the country if not the largest 69 71 4 6 7 8 9 10 II 12 IJ 14 15 16 17 18 19 20 21 22 B 24 25 And they have a concept. they wanlto build a facility in Broward County, in Western Broward Counl)'. I believe. called The Ranches. And basically this IS - they're going to supply everythmg. a full-service correctional 4 Broward Counl)'. So I know we're really short on time. but hopefully althis time each one of you have a synopsis of our conversation If you identify a built-in bias, I apologize. it probably leans lhat way, but I think we can handle it We have a good team. and the reason we have a good team IS because of the partnership that you see around this 6 7 8 9 10 II 12 room. J} 14 15 16 17 18 19 20 21 22 23 24 25 161 1070 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facility, according to Mr. Hodge And we're talking federal inmates, state inmales. county inmates. male, female. They will transport them, they are gom8 to supply everythmg But of course they are a for-profit bUSiness. and everything has a price tag. And basically Mr. Hodge is a very delightful person. I enjoyed our conversation. But he was looking for some type of approval. Would we buy into this1 Could we use them for overflow' And, during our dialogue or discussion. our position. my position. Sheriff Hunter's position, baSically is that we would like 10 have -. we thlOk we can handle the needs today We like using the sheriffs' offices, if we have to go to a mutual aid agreement. We like to use people that are certified in the state, thai are seasoned, tlllined and certified by the State of Florida. Having this facility, going back and forth, would be 120 miles of tmnsportation. We're talking about Immokalee and the transportation with Immokalee. That's a small piece of thiS, if you compare it to going 10 72 2 3 4 COMMISSIONER COYLE. But if they were tried and senlenced and they were senlenced to serve time in this jail. through any klOd of cross service agreement with the state, would you really care? CHIEF SALLEY: No. sir, I don't. But what I was talking about is our inmates. About 80 percent ofthem are presentence. COMMISSIONER COYLE: But once they have been sentenced. you wouldn't object to this sort of thing, right? CHIEF SALLE Y No. COMMISSIONER COYLE: ) understand the ones you are obi igated to control. CHIEF SALLEY: No. But I also want 10 ill ustrate that you can have a mix. And it's very dillicult 10 have thai mix under -- even though you have barbed wire. razor wire, brick and mortar, there stili can be the poSSibility of a mIx And. 10 corrections, that is somettllng to be aware of COMMISSIONER COYLE: Okay. Thank you. Any other questions? Is this person going to be making a proposal of some kind to us? CHlEF SALLEY: This is it. I could ask 6 7 8 9 10 11 12 13 14 1 S 16 17 18 19 20 21 22 23 24 25 . . . I 73 2 3 4 5 6 him to tome back, if you like, COMMISSIONER COYLE. I'm nOI suggesting you do so. I didn1 know if you were informing us because it's likely this proposal mighl surface through some olher avenue. maybe Ihrough - CHIEF SALLEY: It was mostly just for us 10 be aware thai. in Ihe next two 10 Ihree years. they are going 10 attemplto build this new facllily They haven't broken ground yet COMMISSIONER COYLE They wouldn't bUIld it unless they had some agreement with the state or Broward County to house prisoners there, right? CHIEF SALLEY. RIght I would imagine they wouldn1. I guess. build a castle and they will come But thaI's a little dangerous in these times. I think he was looking for our inpul in case of hurricane overflow and thai son of thing. I would rather go to other sheriffs' ullices COMMISSIONER COYLE. I have something I'm going 10 bring up under future topics in just a few moments that might require two or three of those facilities. And the neXI order of business is naming 7 8 I,) to II 12 13 14 15 16 11 18 II,) 20 21 n 23 24 25 75 2 Docs anyone have somethinglhey would I ike to discuss for a future meeting? Then let me bring one up. I am panicularly impressed and influenced by Sheriff Hunter's desire to do something with the immigration issues in Collier County, if not in the State of Florida. And I believe, and he seems to believc. that his hands are tied in many respects concerning this issue. And I'm bringing that up at this point in lime to delermine if anybody -- If the majority feels lhatlhis is an issue Ihat should be addressed by this council. It appears to me that it has an impact. not only from the standpoint of rates of crime. but also on jail population It places a burden on our couns and probably our medical facilities in Collier County. And so thai everybody is clear about where I stand on this thing - and I don't want you to thmk I havc a hidden agenda. I believe that our guest workers deserve our respect and suppon and we should do everything we can to make sure they havc an opponunity to live and work in Collier County. But. for illegal 4 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 r :i 1 I n42 ,( t-z.! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the designee by Judge Hayes. JUDGE HA YES This isjust more of. housekeeping measure. Judge Brousseau was our designee here when he was serving as the Administrative Judge for Collier County. He has just recently retired. at the end of May. and so our new administrative Judge is Judge Lawrence Martin. And 1 would ask that our record reflect that Larry Martin replaces Judge Brousseau, who is still serving with us as a semor Judge, because we need him. Also, Judge Brousseau requested that Judge Ramiro Manal ich, who is on our committee, also be named to replace him as the subcommittee chair for the -- what do we call that program? MR. MtDOLEBROOK: Work restitutIon. JUDGE HAYES: Work restitution. And Ted had asked that Ramiro take that over. COMMISSIONER COYLE. So he IS going to continue serving, so Judge Manalich is not going to be replacing him? JUDGE HAYES: Right. COMMISSIONER COYLE: So we'll have the minutes reflect that. Now, discussion regarding future topics. 76 members of this community, I am. quite frankly, 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not so supponlve. So I probably will propose the same thing to the Board of County Commissioners, to see if there is a way that we, as commissioners, can help Sheriff Hunter and any of the other local and state law enforcement organizations begin to serve the purposes they can serve with respect to protecting our borders. And so I'm just trying to get an Idea as to whether anybody here shares or does not share that feeling. Apparently not. JUDGE HAYES: I don't disagree with you, I don't -- I'm not going to make the resolution. but, I mean, I think that. just from a legal point of view, the Sheriff should be encouraged at all times to enforce the law and not to pick and choose which laws he enforces. To include hiS liaison, current status as liaison, I think that would probably be an accurate statement, With the federal government But, I mean. I think that - I don't think it actually has to be even identified in subcategories. I just think the law -- unfortunately or not, the law is made by the . . . 2 legislalUl'e andIor by Ihe courts, and the Sheriff should be enforcing it. no matter what Ilhink thaI's his job, or whatcver the Sheriff may offer COMMISSIONER COYLE. Mark Middlebrook. MR. MIDDLEBROOK: Mark Middlebrook I just want to share with you. we did a run m probation of our illegal aliens that arc eUrTCntly on county probation. Actually, each month we take their information sheets and send them to Border Patrol. hoping that something would be done. So we were unable to get any assistancc from thc fedcral govcrnment unlill called. at the lime. Porter Goss. And within threc days I had the Deputy Dircctor of Border Patrol from DC calling. and withm threc weeks wc reduccd our probation numbers by 10 percent 200 people went to Chrome Avenue because they came over and swept them out ofherc. If we could get some assistance maybe from or encouragement from the federal government to actually do what they are supposed to be doing here, like we received from Porter Goss at the time - there are mechanisms in place for us to 77 79 4 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 been suffiCIent Is that true or not? MR. MIDDLEBROOK: Well, from the probetion side - and I donl want to step on Chuck's toes here, but I got my information from Chuck - IS thaI we arenl receiving any assistance from Border Patrol, zero assistance. CHIEF SALLEY: May I make a comment' Scott Salley, Collier County Sheriffs Officc. We did a survey in March of all our mmates. and one of the things that was obvious to all of us was that. for non-u. S. citizens that had been arrested, 25 percent fell in that category That doesn't mean they are illegal, they are just non-U.S. citizens. Thai's a large amoWJt. when you start looking at what it costs the taxpayers. Ithmk thaI's something we'll be working on WIth our staff and be able to present to thIS comminee and to the Board. COMMISSIONER COYLE: Would this committcc object to having a report on that sort of thing, or do you jusl prefcr to leave this issue OUI of this committcc's area of responsibility? I mcan, I donl mInd if you tell mc that, and I'll JUst drop it 161 ':-]' .1 \.. " I ' ~ J '<:",i,~' /1 7&' ~t."" I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 assist the Sheriff in doing that And. ( mean, we clcancd out some peoplc that were in Jail for VOP also. as wcll as thosc that were not in jail. And thaI's what we're up agamst, as far as the probation side, in trying to dcal with those thaI proved that they cannot live within the laws of our community, have bcen conVIcted already, becn sentenced. And, rcally, do we want that elemcnt 10 continue to Iivc here? We. you know.. we were trying to do what we could 10 get rid of them. COMMISSIONER COYLE: That's exactly what I was suggesting I don't want to Imply that I think the Sheriff is not trying 10 do the best Job he can. As I said, he's not gelling much cooperation from other agencies And ( know that we played a role, that the commission played a role in helping the Sheriff establish the Joint task force, which exists here now, so that we can get some help from Immigration and Immigration and Naturalization Services and Border Patrol about identitying and taking proper actIon WIth respect to any illegal aliens who were caught. But I have the impression that that hasn't 80 2 3 4 It's nol something I'm going to make a big issue out of. 6 MR. MUDD: Commissioner, I'm not a votmg member, but I believe, if we're not getting help to get those folks out of our jails, okay.. and one of the major reasons that we have thIS committee is to try to reduce the jail population as one of the outcomes. believe that it should be part of this committee's charter alleast to not necessarily take it on as a major role but at least to get the outside agencies to come back in, may it be to tweak a congressman or senator or whatever, in order to get us the help so that we have it and increase the lines of communication, at least effecllve lines of communications with those federal agencies that can help us do that 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 1 mean, lhe reason I was a Iiute late is because I had Congressman D S. Mellard over in the EOC. And this is of those issues I could have brought up if I would have known it. But he didn't know it was an issue either So it's one of those things that ( believe this agency should at least pay anenllcm to, . . . 81 4 alleasllry to stimulate the exodus of those folks Oul of our Jail system. COMMISSIONER COYLE: Judge Hayes JUDGE HAYES: Could 1 ask Mr. Mudd, do you have any slulhes or do you even know what your cost is for such thongs as prime? I mean. whatI'm asking IS, have you ever done a study 10 find out, for example, if Ihe emergency rooms atlhe Naples CommuniI)' Hospilal, Cleveland, whatever it's called now. lhe jail populations, 1 mean, do you know what your makeup is1 I mean, it would be interesting. Scan is saying that 25 percenl are nol U.S citizens. But I don' know. I will confess raght off the bat II's easy for me to say because it probably gets polilical, and political correctness is something that seems to rule Amenca But the issue, ) think, as just an analysis of cost. it would be interesting 10 know. I wouldn' recommend il be done in counly commission districlS. because I want to stay away from gelling Ihat goinll. Bul making an analysis of where, you know. where do mosl of your OUls cx:cur? Where do mOSI of your balleries occur" Where do mosl of your 6 8 9 10 II 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 83 able to lell you whal kind of crimes they committed. I can give you the viclims - JUDGE HAYES: Ilhink the counl)' 4 commission. Ihis comminee could brinlllhls to lhe counl)' commission. The sheriff can figure II out easily He has to figure out where his staffing goes. Staffing. hopefully, doesn't go to where there's no crime. By definition it has got to 110 to where the aclion IS. But I think that somelimes lhe cost of Ihalls probably unknown to most commissions, in my opmion, and it would help, probably, us to know. 6 7 8 9 10 II 12 13 14 15 16 I don't know. Should we be building a coun faeilily in Immokalee rather than expanding the one here? I mean. should we go 10 where the action is or should we go to Everglades City or Marco Island? J know, for example, Marco Island is onterested in having us tly to get a coun faeilil)' down there because, although they are not. clearly not a pan of -- they are a differenl cily -- Ihere is a COSI factor for them to send all ofthell police officers to Naples. be on the road all the lime, using up J7 18 19 20 21 22 23 24 25 . 61 1 10 4, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 J7 18 19 20 21 22 23 24 25 felonies occur? What part of the county do they occur in? What impact do they have on. for example, the emergency rooms for gunshot wounds? What impact do they have on the school system? What impact? We can ligure out what Impact it has on the courts We know what impact it has with INS, which is pretty much zero. I don't know whether that is something that you actually have access to or would be interested in knowing the answer (think that the county commIssion needs to know those facts. But I have to honestly say, I think some county commissions -- and I'm not speakmg about thiS one - some county commissions would rather not, because knowledge IS a dangerous thmg. MR MUDD: There are databases that pinpoint exactly what the slats are, and I know that the Sheritfhas it for arrests, what kinds of arrests. I know our emergency management fotks know exactly where their pick-ups are, where the density of those pick-ups are, and they basically put them down in son oflriage subcalegones. I can track that piece and be 84 2 3 4 5 6 7 8 9 10 II t2 13 14 15 16 1? 18 19 20 21 22 23 24 25 gas There is an expense there versus us sending a judge and some depul)' clerks down to Marco Island. They have a good point. We can probably service them cheaper than they can try to come up here But those kinds of facts are good long-range planning facts to know. What should you be spending your money on? The County, for example, where should they be spending theIr money on emergency healthcare? Should they be considering expanding in other places or locations and pUlling more money into those areas where Ihe action is? Same thing for the couns Maybe we don't need all of our judges in this building. We may need -- like in Fort Myers, we actually have a judge in Cape Coral because Cape Coral is. as you know, probably deserves mare than one, but it's so big that we have to send a Judge to Cape Coral And they have a separate courthouse out there. That's the only reason I'm saymg, 1 think somewhere down the road -- I think it's a politically hot issue, and I'm not trying to 2 . 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 4 6 1 8 9 10 II P 13 14 15 16 17 18 19 20 21 . 12 23 24 25 85 dump il on you. bulI Ihink, if!hose facts are not in order. to make intelligenl decisions on how \0 spend money, I think county commissions need 10 know !hose kind of facls, and some of lhem may be a Iitlle politically hot That's all COMMISSIONER COYLE Thanks. Then whal we WIll probably do IS ask the Sheriff to give US and give the county commission some infonnalion on those things. and we11 see if we can't deal with it. CHIEF SALLEY: Ilhink, again. it has that polilical fear, but a fear that we kind of side step through it because It'S on the news every night We're bombarded with, who is right and who is wrong. Bull believe the facts are. it costs money and we're here to protectlhe people of Collier County and the cItizens. But they are illegal. that's tough. COMMISSIONER COYLE. I'm just venturing a guess. thai there .s a majority of the county commissions who are not concerned about the political COrTeClness. It's the right thing to do. Any other issues relaling to this council? MR MUDD: Commissioner, on that 87 JUDGE HAYES: Seplember the 10th IS a Saturday MR. MUDD: Then it's the 13th. JUDGE HA YES: That's a Wednesday. COMMISSIONER COYLE: The 10th of September is a Sunday. JUOOE HAYES: You're right The 10th is a Sunday. The 13th is a Wednesday. COMMISSIONER COYLE: So we would be meeling on the 121h, then. Any time after Ihe 12th, I presume. would be okay. and then try to stay away from the founh week in September. and then we'll see if we can't work it out Thank you very much. We are adjourned. (Whereupon the meeting was adjourned at 3:50 p.m,) 1 ~ !: i:j D" ~ , 6 If t /e , i", , ~~, ''1J'' (t>. I 'If K ,J.. 2 3 4 immigration thing, are we going to try to see if we can get somebody from the border patrol to come and talk to us a little bit? COMMISSIONER COYLE: I don't sense that there is an overwhelming support for thIS committee to get involved In that, so we'll leave that for the county commission, if the county commission wishes to do it. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Okay. Hearing nothing else, do we have any comments at all from any of the members? Now we need to set the next meeting date. If we follow our schedule it will be sometime in September I would suggest late September Why don't we send out some altemative dates for you and then you can select those that are most convenient, and then we'll try to reach a consensus and come up with a date and lime? Okay. Jim, when are our county commission meetings on September; do you recall? MR. MUDD: They go to the second and the fourth Tuesday. I don't have the calendar, but I think it's the 10th of September, is something that pops into my head, and then it's the 24th 88 CER1'I fICATE OF REPORTER 2 State of rlor ida 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County of Collier I, ELIZABE.TH M. BROOKS, RPR, in and for the State of Florida at Large, certi fy that I was authorized to and did stenographically report the foregoing proceedings and that the transcript lS a true and complete record of my stenographic nates to the best of my abili ty. 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 01:" counsel connected with the action, nor am I financially interested in the actlon. Dated this 12th day of June, 2006. Elizabeth M. Brooks, RPR Registered Professional Reporter 2650 Ai rport Road South Naples, FL 34112 ~--7 ~~ .t 11. I ~t- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: ...************.*******..***.*.*************************************************.****.***....*.... Originating DeptJ Div: Comm,Dev,Serv.lPlanningPerson: Ashley Blair ~ Date: 'if/I (p(Ocp Petition No. (If none, give btief description): SNR-2006-AR-9993, Black Bear Ridge Phase I Petitioner: (Name & Address):Q Grady Minor & Associates, PA, Wilson Garcia, PE, 3800 Via Del Rey, Bonita Springs, F\. 3413 4 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Buckstone Estates, LLC, 3785 Airport Rd., N., Suite B, Naples, Fl. 34105 Hearing before BCC BZA Other Requested Hearing date October 10. 2006 Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: SNR-2006-AR-9993, Wilson Garcia, P.E. of Q. Grady Minor & Associates, representing Blackstone Estates, LLC of Black Bear Ridge Subdivision, requesting a street name change from Bears Way to Acorn Way in Black Bear Ridge Phase I, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Approved by: <g~lb.Ob Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ******************.***************..************..***.********************************...******.*. FOR CLERK'S ~r;E ~USE ONLY, Date Received: , 6tPDate of Public hearing: 1fj '0 Jo tp Date Advertised: .E../i1 ( [) b 1-7 A .; RESOLUTION 2006 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,. RENAMING BEARS WAY TO ACORN WAY, WIDCH STREET IS LOCATED IN BLACK BEAR RIDGE. PHASE I, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. . WHEREAS, Section 336,05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, established criteria and procedures to rename streets or roads; and WHEREAS, Wilson Garcia, P,E., of Q, Grady Minor & Associates, P,A., agent for petitioner Buckstone Estates, LLC, has applied to rename Bears Way to Acorn Way pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is depicted in the plat of Black Bear Ridge - Phase 1, recorded in Plat Book 43, Pages 89 through 92; and WHEREAS, after notice pursuant to said procedures being made and provided, the Board of County Commissioners held a public hearing to consider the application and determined that all criteria set forth in Chapter 22, Article X, of Code of La,:""s and Ordinances had been met, specifically finding that there is no other street in Collier County with the same name or any similar sounding name. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Effective this date of hearing, Bears Way, as depicted in the plat of Black Bear Ridge _ Phase 1, recorded in Plat Book 43, Pages 89 through 92, is hereby changed to Acorn Way _ and is confirmed as such, 2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced plat. This Resolution adopted after .motion, second and super-majority vote favoring same, this _day of ,2006, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, CHAIRMAN , Deputy Clerk Ap an M;. ~i ~:l ~~ August 21, 2006 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR-2006-AR-9993, Black Bear Ridge Phase I Dear Legals: Please advertise the above referenced notice on Sunday, September 24, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O./Account # 113-138312-649110 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 10, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition: SNR-2006-AR-9993, Wilson Garcia, P.E. of Q. Grady Minor & Associates, representing Blackstone Estates, LLC of Black Bear Ridge Subdivision, requesting a street name change from Bears Way to Acorn Way in Black Bear Ridge Phase I, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts 'COlJ;Pty.5)fC01,lier CLERK OF THE CIRCUIT COURT . . COLLIER COUNTY QoURTilOUSE 3301 TAMIAMI TJ;iAIL EA~T P.O, BOX 41'~044 \, NAPLES, FLORIDA~~j 1 0 1-3044 ~, V( 17A Clerk of Courts Accountant Auditor Custodian of County Funds August 21, 2006 Q. Grady Minor & Associates Wilson Garcia 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition SNR-2006-AR-9993, Black Bear Ridge Phase I Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. Y Oil are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q Teresa Dillard, Deputy Clerk I)k Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwigl1t E. Brock Clerk of Courts 'COijptyofCol,lier CLERK OF THE 'CIRCUIT COURT '-- \ COLLIER COUNTY QoURTllpUSE 3301 TAMIAMI TRAIL EA;ST P.O. BOX 4 i'}044 ". NAPLES, FLORIDA ~~ft 1 0 1-3d>:!A Ii' 17A Clerk of Courts Accountant Auditor Custodian of County Funds I /7 / August 21, 2006 Buckstone Estates, LLC 3785 Airport Rd., N. Suite B Naples, FL 34105 Re: Notice of Public Hearing to consider Petition SNR-2006-AR-9993, Black Bear Ridge Phase I Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Dillar , Deputy Clerk ~ Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.fl.us Fax - (239) 775-2755 Email: colliercIerk@cIerk.collier.fl.us Teresa L. Dillard 17 A To: Subject: legals@naplesnews,com SNR-2006-AR-9993; Black Bear Ridge SN R-2006-AR-9993.doc; SN R-2006-AR-9993.doc Attachments: Legals, Please advertise the following on Sunday September 24,2006. Any questions please contact me. Thank you. SNR-2006-AR-9993 SNR-2006-AR-9993 ,doc (26 KB) .doc (25 KB) Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa. Dillard@Clerk.collier.fl.us) 1 Teresa L. Dillard 11M From: Sent: To: Subject: ClerkPostmaster Monday, August 21,2006 10:47 AM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT286299.txt; SNR-2006-AR-9993; Black Bear Ridge [J~: :-,,::~ - u....'. '.. .<'. ~. ATT286299.txt SNR-2006-AR-9993 (231 B) ; Black Bear R.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17A Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, August 21,200610:47 AM Teresa L, Dillard Delivered: SNR-2006-AR-9993; Black Bear Ridge Attachments: SNR-2006-AR-9993; Black Bear Ridge f\.----::1 L:.J SNR-2006-AR-9993 ; Black Bear R... <<SNR-2006-AR-9993; Black Bear Ridge>> Your message To: legals@naplesnews.com Subject: SNR-2006-AR-9993; Black Bear Ridge Sent: Man, 21 Aug 2006 10:46:38 -0400 was delivered to the following recipient{s}: legals on Man, 21 Aug 2006 10:46:50 -0400 1 SNR-2006-AR-9993; Black Bear Ridge Page 1 of 1 Teresa L. Dillard 17 " /...( ". i , _~'~~~'~"_^__^__'__"___~_~"~~_~~~'C""____'__~~'_'~"'_'__^______^~~~~~=~'~~'___~__^"___~~'__"~~~=~'__"'^"~_'~~~^_"""'^'~_"^~~~"^~'_'~~~~>___,,__,_,,~~~" From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, August 21 , 2006 11: 10 AM To: Teresa L. Dillard Subject: RE: SNR-2006-AR-9993; Black Bear Ridge OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.f1.us] Sent: Monday, August 21, 2006 10:47 AM To: legals@naplesnews.com Subject: SNR-2006-AR-9993; Black Bear Ridge Legals, Please advertise the following on Sunday September 24,2006. Any questions please contact me. Thank you. <<S N R-2006-AR-9993.doc>> <<SN R-2006-AR-9993, doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa.Dillard@clerk.collier. fl. us) 8/21/2006 NAPLES DAILY NEWS Published Daily Naples. FL 34 I 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personally appeared Phil Lewis, who on oath says that they serve as the Editor of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the adveI1ising, being a PUBUC NOTICE in the matter of PUBUC NOTICE was published in said newspaper 1 time in the issue on, September 24'h 2006 AtJiant further sav~ that the said :\aplcs Daily Ne\V~ IS a newspaper published atl\aples. in said Collier County. Florida. and that the ~aid newspaper ha~ heretofore been continuously published in ~aid Collier Countv. Florida: distribukd in Collier and I,ee counties of Florida. each day and has been entered as second class mail matter at thc post ollicc 111 \:aples. in said Collier County. Florida. for a period of I year nc.,1 preceding the !irst publication of the attached copy of ad\"o:rtisement and at1iant further says that he has neither paid nor promised any person. firm or corporation any discount. rebak. commission or refund for the purpo~e of securing this advertisement j()r I(; L' n in t} " said nc\\/ per. Sworn to and subscribed before me This 24'il . day of September. 200G ~~ '~:';-/i~f:t~iI lIl2ftJD !~ .J;.<+'{ 1 a. 2001' ,.: .:'lO'/"M!lIIlIlll<,,:9J<~~ ;Jl';, 4' ~ .,..~ ,', J,,''''.'''-.; ~ 'l>.'. """.-,....110 .,..... ~:.""",. 17A .,!', ~"~ ""/ 4' 'J~(~:3 " Notl I~e:l~ 10llfrsof Cot. unty Will .hold a n~ll,OII~ee; r . room. 3rd . ." dml.nltt~tlo" ... Colt'-~ty I. . em cen.ter; ~t Tamlltl'll;Tralt. '.ple... Florfda. The _~":tWlH lIegln at The. 80ard wlU CQIlIlder PetltlMI SNR"ZOe.All. 9993. WlIsonGarCta.. P.E. of 0, GradY. Minor & 04$- socIates,. representing ~1IW!!.s'u~~ dJ"~1I0n. -.:..'7ting a fti'eetIU.m.e.Cbange r.om '.'. r., 'way to ~ WAY 'nllack Bear Rid In Section 34. '48 South, =.JI'Itr Collier NOTE: All Persons wish- :~~. ~r:~:.n;~,~ ~.,:~~;r~.. d: sentatlQfl ......... Item to 1a..addres..CI, .~~~,:~~. ~'WIII 011 The ~'~ '1~1t ... ... at . enell) ..' .reeog. nl:r;ed .th.Chalt..a s",ok ~. ets4;lll.fo.'fa groupo. tL. ~lzatlon mty INIal' . 1Q min.. lItestosj:l:..k on an Item,',..,.. Pfl'$ons wlshlnll to have written or IlI'lPhlc m~te/',I.ls Inellllled In I the 10....... .g~ pack. etJmu~ S~cI i.r "ri~' t~l't:7t. Intell ~Ibe s~.m:tm: theapQroprNlte countY staff a.mlnlll'!um of sn- en days prlo.r to. the publIC nearl",. AII~. terlal IlStd I~..pretenta. tlons IafOretne BoarCl will becom.a.perma. nent pert of the record. Any person Who decld. es to appeal a decision of the Board will need a record of the proceed- Ings pertaining thereto ~.. .-m,ay need to ensure that a verbatim record of the proceedings Is maehl. which rfcord 'nclude. tMtelltimon'erld tvl. =8Lt.WM~ the BOARP OF COUNTY COMMlSSIONJRS COLLIER COUNTY, FLORIDA FRANK HALAS. CHAIR. MAN. . DWIGHTE,BR<l. CK, CLERK . ~~eresa.Plllard, Pep. ('SIAL> Sept. 24 No. 14321198 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceution of the Chairman's silUlature, draw a line throulUi routinlllines # I throullh #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) I.Connie Johnson CDES Administration 2. 3.' 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Ashley Blair Phone Number 213-2942 Contact Planner, Zoning and Land Dev. Review Agenda Date Item was October 10, 2006 Agenda Item Number 17A Approved bv the BCC Type of Document SNR Resolution (AR-9993) Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! 6. The document was approved by the BCC on_lO/lO/06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a Hcable. 1 '1 f\ MEMORANDUM Date: October 12, 2006 To: Don Hunter, Sheriff Sheriff's Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-263; Renaming Bears Way to Acorn Way Enclosed, for your records, please find one copy of the document as referenced above, (Agenda Item #17 A) adopted by the Collier County Board of County Commissioners on Tuesday, Ocotber 10, 2006. The original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 774-8411. Thank you. Enclosure MEMORANDUM Date: October 12, 2006 To: Jeff Page, Chief EMS Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: ,Resolution 2006-263; Renaming Bears Way to Acorn Way Enclosed for your records, please find one copy of the Resolution documents referenced above, Agenda Item #17 A which were adopted by the Collier County Board of County Commissioners on Tuesday, Ocotber 10,2006. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure ~ t'; iff; ..'~~._"--~'~;1 '-r.A ~ Item # L_ILL ; ~ ~~~;da 4t_9j~ g:t~d /91?!tk I. e- 1". (-" k t!Jt ..~H~'j v . n...._...A<l__""' 17 :" . A RESOLUTION 2006 - 263 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING BEARS WAY TO ACORN WAY, WHICH STREET IS LOCATED IN BLACK BEAR RIDGE - PHASE I, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, established criteria and procedures to rename streets or roads; and WHEREAS, Wilson Garcia, P.E., of Q. Grady Minor & Associates, P.A., agent for petitioner Buckstone Estates, LLC, has applied to rename Bears Way to Acorn Way pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances, This street is depicted in the plat of Black Bear Ridge - Phase I, recorded in Plat Book 43, Pages 89 through 92; and WHEREAS, after notice pursuant to said procedures being made and provided, the Board of County Commissioners held a public hearing to consider the application and determined that all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met, specifically finding that there is no other street in Collier County with the same name or any similar sounding name. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Effective this date of hearing, Bears Way, as depicted in the plat of Black Bear Ridge - Phase I, recorded in Plat Book 43, Pages 89 through 92, is hereby changed to Acorn Way and is confirmed as such, 2, This Resolution shall be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced plat. This Resolution adopted after motion, second and super-majority vote favoring same, this J D"f!I day of Octobe.r ,2006. 'ATTESTi DWIGHT E. BROCK, CLERK M~~}QtucC/~ . , Deputy Clerk .e. t t.u t 7 ~ p,., t',.... "'. .~ \-V \""'.' I rT:"~n ~ ll101'';:iC<-:,w,.~ {,..,. '.' , . "-7 ~ r ,.. _f ~ """,,w' f ~.. Ap oved a to form an e 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~-/ By: FRANK HALAS, CHAIRMAN l:;Ir;:I~n::a M2;I:::"""fCl> ...... ~ bdi c-t" .... :=co =- ~:::O:::-:l-. "-' C> -....>-;1 "'" .... C> l-l ...". >-;I ....::>:: .... = C> >- _ :=co >-;1= ::>:: .... .,... C> C> :=co :=co .... .... "'" ...". __ C> .... :=co "-' = -- .... "-'= ~....... c........> "'" =- '-0 l>> rt' t--'O- rt' ;;;; (.J'I c::> '-0 ~ ~ c::::> ~ ~ t..A..> ...., ...". :z: >: 0 ~.,... :;:c::lI ~:::a ... ... .... ::>::...". >-;I~~ ~~ ~ = 0 [".....> :=co ...... c::::> C> ...". ...". _.... g "'"t:::J ...".:::::Q t:-" tlIC:I .. .... :=co :=co .......".~ gt--'O- ~'-O _.... '-0 .... .,... ..,. :=co 0.... ...., r> l-l "" .... en .... "'" .... "-' ex> c::> ...... c::> "'" PUD" .\'CU CA[t.., 17A MPUD" So.'j~~A 0.--1<5 'I'AA,:ro A' CUUf I/--;'~:/ ~. I;;;~ l ,1/ "', t...:;:;:"-{ ( '/.i t 11~'>....,"'v' i..__/. ~~'-!;' i!..J; , "'J !~".'J'-_.'.'- 1""(1' 1II'...o::IJ '""" PUD" 1IIS~ICII HilLS I~!;!":!r /, !'.IJiIJt;f'-.. !..,..t:::-'..__/" 1_/.1! i "~I" <.......!.':j l . i ..:;;t....~/. ./";,;Jt'-l 'p'~:;~_-} 'c~fJ': , "8R'" l~t ~ ~;- lea - . - '11t I ".. . '''~I .'l, ','''' ..J - -r;c" "'g ,.. , ''']"1..'.'' ,;e;',~. ~:7"";f'~J _ ~~_ ~'-, "1;.=-.--;Si"";A~'PClf _. --;h(lf:o PUD. '....:V (P.fn-- I! MPUD" CAP-:t.lllol.l;iLlll.!.C \,~~ !J ...l.U()[RBlI,. f B~ ACt! .~~~ *** OR: 4120 PG: 4200 !;i! li! ~ I . Ii .u. .r.:mu. fn1.-" ~ f" f ~ ,.If ~ '1r.~ ~i~ .8""'J'. .r.:mu. .1l. olDYlIl. 'E- .T-I. .t.:lYlIJ: *** COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS .~ 78 (i) """ - To: Clerk to tbe Board: Please place the foUowing as a: X Normal legal Advertisement (Display Adv" location, etc.) o Other: .........................**.......**...**................................................**.*.****...**... Originating Deptl Div: CDES/ Impact Fee Administration Person: Amy Patterson Date: September 5, 2006 Petition No. (Ifnone, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. September 26.2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACf FEE REIMBURSEMENT, CONSISTENT. WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLlCf AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 q-5- 0(0 Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .**...................*......*.*....***.....................*........*..*..**..***......*......**.......... FOR CLERK'S OFFICE USE ONL Y/: Date Received: 9/1# () fI Date of Public hearing: , I 1!Zr, /fJI, ( Date Advertised: ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BElNG THE COLLIER COUNTY CONSOLIDATED ~ACT FEE ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABll..ITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, on June 24, 2003, the Board of County Commissioners adopted Ordinance No. 2003-32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing criteria and procedures for reimbursement requests, including the requirement for requests for reimbursements to be submitted within ninety (90) days of the cancellation or revision to the subject building permit or overpayment of the impact fees; and WHEREAS, Section 95.11(3)(m), Florida Statutes provides a four (4) year limitations period for "An action fOT money paid to any governmental authority by mistake OT inadvertence. "; and WHEREAS, when the County discovers that impact fees were underpaid, the Impact Fee Ordinance allows for the County to collect the arrearage from the then-current owner, at any time in the future; and WHEREAS, staff recommends that the current impact fee reimbursement requirements be amended to provide consistency with the statutory provisions and to better ensure the fair and equitable administration of the impact fee program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article IT, Impact Fees, Section 74-202, Payment, subsection (h) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-202. Payment. *** (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (ill) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner/applicant may within 9G-4ay& .l.!mIsI:IlIIli text II oddecI; illNolI....... text ia dc\Ollld 178 four (4) vears of the expiration ot: cancellation of, overpayment for, or approved revision to the building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. ... SEcrION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive sba1l apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section, " "article," or any other appropriate word. SEcrION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon tiling with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of . 2006. ATTEST Dwight E, Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, Chairman , Deputy Clerk ~ text t.ldded; llWolt ........ text II deleted p.... 2 of 2 17-8 178 September 7, 2006 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORD.AMENDING. 2006 IMPACT FEES Dear Georgia: Please advertise the above referenced notice on Friday, September 15, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 131-138902-649100 178 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 26, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance 1S as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Martha Vergara, Deputy Clerk ( SEAL) 17P September 7, 2006 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORD.AMENDING. 2006 IMPACT FEES Dear Georgia: Please advertise the above referenced notice on Friday, September 29, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 131-138902-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE J 7E Notice is hereby given that on Tuesday, October 10, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9: 00 A. M. The title of the proposed Ordinance 1S as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17B Martha S. Vergara From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, September 25, 2006 8:52 AM Martha S. Vefgara Delivered: Ad for Amending Ord, 2006 Impact Fee Attachments: Ad for Amending Ord. 2006 Impact Fee r::--71 L.:..J Ad for Amending Ord, 2006 Impa... <<Ad for Amending Ord. 2006 Impact Fee>> Your message To: Cc: Subject: Sent: legals@naplesnews.com Patterson, Amy Ad for Amending Ord. 2006 Impact Fee Man, 25 Sep 2006 08:52:11 -0400 was delivered to the following recipient(s): legals, NDN on Man, 25 Sep 2006 08:52:23 -0400 1 Page 1 of 1 1 Martha S. Vergara From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, September 25,20069:14 AM To: Martha S. Vergara Subject: RE: Ad for Amending Ord. 2006 Impact Fee OK From: Martha S. Vergara (mailto:Martha.Vergara@derk.collier.f1.us] Sent: Monday, September 25,20068:52 AM To: legals@naplesnews.com Cc: Patterson, Amy Subject: Ad for Amending Ord. 2006 Impact Fee 9/2512006 17B Martha S. Vergara From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, September 25, 2006 8:52 AM Martha S. Vergara Delivered: Ad for Amending Ord, 2006 Impact Fee Attachments: Ad for Amending Ord. 2006 Impact Fee r:::--71 L::.J Ad for Amending Ord. 2006 Impa.., <<Ad for Amending Ord. 2006 Impact Fee>> Your message To: Cc: Subject: Sent: legals@naplesnews.com Patterson, Amy Ad for Amending Ord. 2006 Impact Fee Man, 25 Sep 2006 08:52:11 -0400 was delivered to the following recipient(s): legals, NDN on Man, 25 Sep 2006 08:52:23 -0400 1 ci: Martha S. Vergara From: To: Sent: Subject: System Administfator Patterson, Amy Monday, September 25, 2006 8:52 AM Delivered:Ad for Amending Ord. 2006 Impact Fee Your message To: Cc: Subject: Sent: legals@naplesnews,com Patterson, Amy Ad for Amending Ord. 2006 Impact Fee 9/25/20068:52 AM was delivered to the following recipient(s): Patterson, Amy on 9/25/20068:52 AM 1 Martha S. Vergara From: Sent: Subject: Your message 17l Patterson_a [AmyPatterson@colliergov,net] Monday, September 25, 2006 8:40 AM Read: Impact Fees Ad To: Subject: AmyPatterson@colliergov,net was read on 9/25/2006 8:40 AM, 1 t il 'I ~I I, fi NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that they serve as the Editor of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advCftising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE \\"as published in said newspaper 1 time in the issue on. September, 29th 2006 Atliant further says that the said "apies Daily News is a newspaper published at :\apks, in said Collier County, Florida, and that the said ne\"pap.'r has heretofore heen continuousl\' published in said Collier COllnt\.. FJorida~ distributed in Collier and Lee eounties of Florida. each da\' and has been entered as second class mail matter at the post <)nia 111 '\"apks. 1I1 said CollIer County. Florida. for a period of I \'ear next preceding the lirst publication orthe attached cop\' or ad\'el1ISemenl: and atliant further sa\'s that he has neither paid nor promised any person, firm or corporation any discollnt, rebate. commission or refund for the purpose of securing this advertisement t()r pu ea 1I1 in the said ne s aper. Sworn to ,Uld subscribed before me This 2nd . day of October. 2006 // L/.f~f'....---~<:J lic) , ~~. ....... ;),l^.~,~~# ~ ~ : ~'1 ' "Flf 1 &. 2007 . . ":>?Ii!f$~ llIC 0110 ORDINANCES AND PETITIONS 2001.13 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, Octo. ber 10, 2006 in the Boardroom, 3rd Fioor I Ad~inistration Building: I Collier County Govern. ment Center, 3301 East.I' Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Ordi, nance. The meetmg will commence at 9:00 A.M. The title of the pro, posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF AP, PENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CON, SOLlDATED IMPACT FEE ORDINANCE NO, 2001-13, AS AMENDED, PROVID, ING FOR A CHANGE IN THE TIME PERIOD AL, LOWED FOR REQUEST, ING AN IMPACT FEE RE, IMBURSEMENT, CONSIS, TENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CON. FLlCT AND SEVERABILI- TY; PROVIDING FOR IN. CLUSION IN THE CODE Of LAWS AND ORDI- NANCES; AND PROVID. ING FOR AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All inter, ested parties are invited to attend and be heard, NOTE: All persons wish, ing to speak on any agenda Item must regis" ter with the County ad, ministrator prior to pre" sentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec, tion of an individual to speak on behalf of an organization or group is encouraged. If recog, nized by the Chairman, a spokesperson fora group or organization may be allotted 10 min- utes to speak on an item, Persons wishing to: have written or graphic materials Included in the Board agenda pack- ets must ~ubmit said material a minimum of 3 weeks prior to the re, spective public hearing, In anv case, written ma, terials intended to be ~~~1:d~r:ds ~b ~rt :gai~ the appropriate County staff a minimum of sev. en days prior to the public hearing. All ma, terial used in presenta, tions before the Board will become a perma- nent part of the record. Any person who decid, es to appeal a decision of the Board will need a record of the proceed, ings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi, dence upon which the appeal is based, B O.A R D 0 F C 0 U N T Y COMMtSSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR, MAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) _Sept. 29 No, 1449136 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGJ;L~B ,.. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 1f, ( THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office on ly after the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist. and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin order) 1. CD &>n 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number 3 Number of Original Documents Attached ~'S1. -57 ~( 17 Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signedJinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporat d i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Af rJA I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4, 5. 6, ORDINANCE NO. 2006- 43 .t78 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, on June 24, 2003, the Board of County Commissioners adopted Ordinance No. 2003-32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing criteria and procedures for reimbursement requests, including the requirement for requests for reimbursements to be submitted within ninety (90) days of the cancellation or revision to the subject building permit or overpayment of the impact fees; and WHEREAS, Section 95.11(3)(m), Florida Statutes provides a four (4) year limitations period for "An action for money paid to any governmental authority by mistake or inadvertence. "; and WHEREAS, when the County discovers that impact fees were underpaid, the Impact Fee Ordinance allows for the County to collect the arrearage from the then-current owner, at any time in the future; and WHEREAS, staff recommends that the current impact fee reimbursement requirements be amended to provide consistency with the statutory provisions and to better ensure the fair and equitable administration of the impact fee program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74-202, Payment, subsection (h) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-202. Payment. *** (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner/applicant may within 90 days Underlined text is added; Stmel( 111rololgh text is deleted l7B four (4) years of the expiration of, cancellation of, overpayment for, or approved revision to the building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. *** SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier +t\ County, Florida this ~ day otDc4-t>ber , 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA "', By: By: ~~ FRANK HALAS, Chairman Approved as to form and Ie al s ffici ncy: Item# ~ ,tI,genda Date 10 JIb ~to IOf~(Cb Underlined text is added; Stnle![ tllfeligll text is deleted Page 2 of2 ,J. 78 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 2006-43 Which was adopted by the Board of County Commissioners on the 10th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: ~ ~~t:j~ ~ Ann Je~ej~n, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17D To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc,) o Other: ********************************************************************************************************** Originating Deptl Div: Operational Support & Housing Person: Lauren Beard Date: 09/15/06 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing, October 10,2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: See attached Companion petition( s), if any & proposed hearing date: yes, October 10, 2006, see attached Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 191-138785-649100-442071 Reviewed by: Division Administrator or Designee Date List Attachments: Two Ordinance updates DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE O~f ~ Date Received: I I 0" Date of Public hearing: {OJ ( 0 (~ Date Adverti'e~or /<:1- cr {cIp 17n First Ordinance AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94-39, AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PERTAINING TO THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES AND ORGANIZATIONAL CHANGES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. Second Ordinance AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND DERIVED FROM THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.), IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES; REQUIRE DIRECT PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. September 15, 2006 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 94-39 Dear Pam: Please advertise the above referenced notice on Friday, September 29, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O./Account # 191-138785-649100-442071 17n 17n NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 10, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94 - 3 9 , AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PERTAINING TO THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES AND ORGANIZATIONAL CHANGES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA l?D FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Teresa Dillard, Deputy Clerk ( SEAL) Teresa L. Dillard 17n From: Sent: To: Subject: Teresa L. Dillard Friday, September 15, 20062:38 PM 'iegals@naplesnews,com' Ordinance Amending Ordinance 94-39 Attachments: ORD ,AM EN D. 0 RD. 94-39(9-06 ),doc; ORD .AM EN D, 0 RD .94-39-first(9-06). doc Legal, Please advertise the following on Friday, Septembef 29, 2006. Any questions, please give me a call. Thank you ORD,AMEND,ORD. ORD,AMEND.ORD. 94-39(9-06).doc... 94-39-first(9-06... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Dillard@clerk.collier.fl.us) 1 17n Teresa L. Dillard From: Sent: To: Subject: ClerkPostmaster Friday, Septembef 15, 2006 2:38 PM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT10719,txt; Ordinance Amending Ordinance 94-39 []~ ~,'. '':": um' - r:::-/.......... .1. U ATT10719.txt (231 Ordinance B) lending Ordinance ~ This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17n Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Friday, September 15, 2006 2:38 PM Teresa L. Dillard Delivered: Ordinance Amending Ordinance 94-39 Attachments: Ordinance Amending Ordinance 94-39 B Ordinance lending Ordinance S <<Ordinance Amending Ordinance 94-39>> Your message To: legals@naplesnews.com Subject: Ordinance Amending Ordinance 94-39 Sent: Fri, 15 Sep 2006 14:37:49 -0400 was delivered to the following recipient(s): legals, NDN on Fri, 15 Sep 2006 14:38:22 -0400 1 Ordinance Amending Ordinance 94-39 Teresa L. Dillard Page 1 of 1 17n From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, September 15, 2006 3:08 PM To: Teresa L. Dillard Subject: RE: Ordinance Amending Ofdinance 94-39 OK From: Teresa L. Dillard [mailto:Teresa,Dillard@c1erk,collier.fl.us] Sent: Friday, September 15, 2006 2:38 PM To: legals@naplesnews.com Subject: Ordinance Amending Ordinance 94-39 Legal, Please advertise the following on Friday, September 29,2006, Any questions, please give me a call. Thank you <<ORD .AM EN D. ORD .94-39(9-06).doc>> <<ORD .AM EN D. ORD .94-39-fifSt(9-06 ).doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Di lIard@clerk.collier.fl.us) 9/1512006 ~ II I. Ii il Sworn to and subscribed before me This 2nd . da\" of October. 2006 ~1~~ NtmcV~ __ (ft~ .Li R 'mfJ1 ";:.;,:;.~",.;\lIl!'~-' 94-39 . c~~~~~:tAV& ~o~Icgn l~u~~3:!,'g~~ b.rt-t,ZOf.6,ln the _oard. room,i.rdFIQor AdntfItIItI!attow J l/dlln ' Collier County ~Ye":: ment Center, 33IUlast Tamlaml Trall,Naples Florida, the BOlvd 'of .collul nty.. ~!L"lm. Issloners., w . COM,....... the enaot- =,Of~C=~ Or~' 'commence .t 9:rI'A.'1~. The UtilI! of the. Pro. roc:r~:<?rdlnance Is as AN ORDINA!!CEOFtHE BOARD OF COUNTY COM MUS lONER $ .Of CQLLliR COUNTY FLORIDA, AMENOINd ORDINANCE NO. 94-39 AS AMENOED~ KNOWN AS THE COLLIER COUN- TBY. RESIDENTIAL REMA- ILITATION PROGRAM COOI.IIED IN. CHAPTER 114, AR~JCLI IV OF THE COLLIE. COUNTY CODE OF LA. SAND ORDI- NANCES ANO PERT AIN- ING TO. THE STATE HOUSING INITIATIVE PPRARTNERSHfP .(S.H.I.P.) OGRAM, IN ORDER TO REFLECT ADMINISTRA- TIVE PROCEDURES AND ORGANIZATIONAL CHA FOR CON RA. ,IUIN- I ~l~$ 'V ...... .*l~ j COP~'of tAt'~d Or(lInanceaflf';;Ofi!~fll e foi~~~ 'lbie forl~, 1'IteI'- ~g=e=~~~ NOTE: All pe~WISh' Ing to speak on any agenda Item mustl'llCll5- tel' with the CoutltY'ad- mlnlstrator frio/' to pre- sentatlon 0 the .agenda Item to be addrened. Individual speak.... will be limited to 5 I\'Itllloltes on any Item; The$elec- tlon of an IndivIdUal to speak on behalf of an organization or group I encouraged; If recog- nized by the ChaIrman. a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Personswlshllig to have written or graphic materials Incf.uCled In the Board agenda pack. ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma- terials Intended to be considered by the Board shall be submitted to the appropriate cou~ staff a minimum Of sev' en days prior to the public hearing,. All ma- tat lat ..:nod In preliema:: tlons before the Board will become a perm a- nentPart of the record. Any person who decid- es to appeal a. decision of the Board will need' a record of the proceed. Ings pertaining thereto ani:! therefore, (naY need to enSllre that a verb.- tlm record of the pro- ceedll10s Is made which record Incl udes the tes- timony and evidence upon which the appeal Is based, BOARD OF COUNTY COMMISSION~ . COLLIER COUNTY. FLORlbA ~.fNNK HALAS. CHAIR- DWIGHT E. llROCK,. CLERK ,By: IslTeresa Dillard, Deputy .Clerk (SEAL) Sept. 29 No. 1446221 NAPLES DAILY NEWS Published Dail) 'Japles. FL 3-l1 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis. who on oath says that they ser\"e as the Editor of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida: distributed in Collier and Lee counties of Florida: that Ihe attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE \\as published in said new.spaper! time in the issue on, September, 29th 200() .\ftiant tllrther says that the said Kaples Daily :\ews is a newspaper published at l\aples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida: distributed in Collier and I.ee counties of Florida, each da \" and has been entered as second class mail matter at the post o!lice in ?'\ap1es, in said Collier County, Florida, for a period of 1 vear next preceding the tirst puhlication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or rdund for the purpose of securing this advertisement for pu ion in the said wspaper. '7 ( Signature of affiant) ". ......... '. ",. ~~,.......,......~' ..~,.'.;,~..._ -' ... ,'. . ,_....of ;"....' .'"IIli.~,' .!.~..; ORIGINAL DOCUMENTS CHECKLIST & ROUTINGI2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG :JJ Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or intormation needed. If the document is already complete with the exceotion of the Chairman's signature draw a line throul!:h routing lines #1 through #4, complete the checklist and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4, 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Lauren Beard Contact Agenda Date Item was 10-10-06 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Ordinance Number of Original Documents Attached 403-2338 17d ,--'P \'\0.. \Jb \)b vb \.b 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's siature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on_lO-lO-06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es if a licable. I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. 170 ORDINANCE NO. 2006-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94-39, AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PERTAINING TO THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO REFLECT ADMINISTRA TIVE PROCEDURES AND ORGANIZA TIONAL CHANGES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and WHEREAS, Collier County implemented a Local Housing Assistance Program through the adoption of Ordinance No. 93-19, the "Collier County Housing Initiatives Partnership (SHIP) Program;" and WHEREAS, consistent with the Local Housing Assistance Plan, the Board of County Commissioners (Board) adopted Ordinance No. 94-39, the "Collier County Residential Rehabilitation Program;" and WHEREAS, the Board desires to amend the Residential Rehabilitation Program to reflect administrative procedures and organizational changes intended to improve the program's function. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Chapter 114, Article IV, RESIDENTIAL REHABILITATION PROGRAM, of the Code of Laws and Ordinances, is amended as follows: Sec. 114-71. Introduction. The purpose of this policy is to establish administrative procedures and program guidelines for housing in Collier County which is eligible for rehabilitation and is owned and occupied by very low- and low-income persons and families. The standard definition for both "lowei' income family" and "very low-income family" are found in the Code of Federal Regulations (CFR) Title 24, Section 813.102. A "lowei' income family" is defined as: "a family whose annual income does not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families" while a very low-income family is "a family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD . . . " Very low- and low-income persons are also defined in Collier County Ordinance No. 93- 19, The Local Housing Assistance Program as follows: Page I of 28 Underlined text added; strike tHrough text is deleted ..17D (1) Low-income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. . . . " (2) Very low-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross income that does not exceed 50 percent of the median annual adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. . . . " Income data for the Naples Metropolitan Statistical Area are supplied by the U.S. Department of Housing and Urban Development (HUD), and apply to all of Collier County. The definition for "annual income" is found in 24 CFR, Section 813.106. Sec. 114-72. Administration. (a) The director of the This Program shall be administered by the Collier County Financial l\dministration Operational Support and Housing Department (OSH), hereinafter referred to as "Department." is designatod as the program administrator. (b) The Collier County Financial "^~dministration and Housing Department fHYIt shall be responsible for: (1) Identifying potential program participants. a. Potential participants for the program will be identified through the following activities: 1. The financial administration and housing dDepartment will advertise in a publication of general circulation in the county announcing the program and the availability of funds for rehabilitation services. 2. The financial administration and housing dDepartment will contact local non-profit, community-based organizations in the county through outreach activities to locate potentially program participants. 1. Collier County Ordinance No. 93-19 defines community-based organization as " . .. a non-profit organization that has among its purposes the provision of affordable housing to persons who have special needs or very low-income persons, low-income persons, or moderate-income persons within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR, Part 92.2 and a community development corporation created pursuant to F.S. Ch. 290, are examples of community-based organizations." 3. The Collier County Code Enforcement Department wHl can refer potential clients that have been cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended, to the financial administration and housing 4Department. The financial administration and housing dDepartment will determine the individual/family interest in participating in the program and whether the potential participant is income eligible to participate in the program, pursuant to the requirements set forth of paragraph (b), below. (2) Applicant eligibility criteria. a. All applicants in this program must have fee simple ownership of the single-family dwelling unit for which residential rehabilitation services are requested. Page 2 of 28 Underlined text added; strike through text is deleted 17D 1. Where there are co-owners for a property, each co-owner is required to participate in the application process, the income eligibility determination process which includes household income and asset certification and third party verification, and the secondary mortgage/lien application and closing process. b. Accepting and processing applications for rehabilitation services: 1. All potential participants must complete the program application entitled "Form 'N, Collier County Residential Rehabilitation Program Preliminary i\pplication. "Application for Housing Assistance." 2. The preliminary application form shall be used to document the general information regarding the potential participant which will include, but not be limited to, ownership status, number of residents living in the housing unit, previous residences, employment history, and bank and credit references af}d history all financial assets owned by the households. 3. The prelimina:ry application must be signed by all parties with an ownership interest in the property. 4. "Form /\, "Collier COUf}ty Residef}tial Rehabilitation Program Preliminary .\pplication"The Application for Housing Assistance shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. c. All potential participants must sign the complete "Form 'B', ~Residential Rehabilitation Applicant Income Certification." 1. The income certification form shall be completed by potential participants to determine, in part, the income eligibility of the individaal(s) and the household applying for the program. S.R.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. 2. Documentation of income sources for each household resident or other immediate family member over 18 years of age must be provided for the last 12-month period preceding the date of the application. 3. Adequate documentation may include, but not be limited to, the most recent year's federal income tax return. 4. Failure to disclose and report all sources of household and family income during this process will result in disqualification for a residential rehabilitation loan. ~ If applicant is approved for pa:rticipation if} this program, any and all loan funds ",.ill become dae and payable immediately upon ..witten notice delivered by certified mail ",:here such unreported income is documented by the program administrator. 6. 2:. "Form B, "ResideHtial Rehabilitation Applicant Incomc Certification" The S.R.I.P. income certification shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. 6. For purposes of this program, assets shall include, but not be limited to, real property other than the property to be rehabilitated under this program, savings, stocks, bonds and other forms of Page 3 of 28 Underlined text added; strike through text is deleted 170 capital investment, excluding interests in Indian trust land and equity in a housing cooperative unit. d. All potential participants ml:lst complete either "Form 'C', Residential Rehabilitation ,^~pplicant ,^~sset Certification" or "Form 'C I " Residential Rehabilitation Program ,^~sset Certification ,^~ddcndum." 1 . "Form C, Residential Rehabilitation Applicaflt i\sset Certification" shall be completed by all potential program participants who meet the follmving criteria in order to determine initial income eligibility. 1. ,^~ny homeowner ",:hose assets exeeed $5,000.00 (including all family members or other individuals residing in the house to be rehabilitated); and 11. }..ny homeowner v:hose home may be rehabilitated ",:ith funds from any funding source other than Hurricane Andre':: ,\ssistance or SHIP. 2. This certification must be completed so as to inel-ude assct information for all residents of the housing unit and all members of the family unit. 3. For those homemvners 'Nhose home ''vill be rehabilitated exclusively ',','ith funds from the SHIP program and ',vhose assets do not exceed $5,000.00, the form entitled "Form C 1, Residential Rehabilitation Program ,\sset Certification ,^~ddendl:lm" shall be completed. 1. Such certification shall be applied to afld ml:lst iflclude the assets of all family members residing in the dv:elling unit. 1. Both "Form C, Residential Rehabilitation Program ,\sset Certification" and "Form C 1, Residential Rehabilitation Program ,^~sset Certification j\ddendum" shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. 5. For pHrposes of this program, assets shall include, but not be limited to, real property other than the property to be rehabilitated under this program, savings, stocks, bonds and other forms of capital investment, excluding interests in Indian trust land and equity in a housing cooperative l:Init. e:- d. All potential participants must provide adequate information so that "Form 'D', a current "Third-Party Verification of Employment form" can be completed in a timely manner by their employer. 1. Potential participants must complete and sign Part I, ,\pplicant Information and Part II, Employer Information, v.hich includes the name and address of their current employer the form's authorization portion. Applicants must provide their employer's name, address, phone number and contact information. 2. Employer must complete Part III the Third Party Verification of Emplovment Information form, and sign the document, and return the document by mail or personal delivery fax to the financial administration and housiflg dDepartment. 3. Applications will not be considered complete until the verification of employment form has been signed and delivered to the Collier County financial administration and housing Department. r. Collier County Finaflcial ,\dministration and Housing Department shall pro'lide an addressed, stamped eO':elopc to be utilized by the employer to return the verification of employmcnt form to the Financial }"dministration and HOl:lsing department. Page 4 of 28 Underlined text added; strike through text is deleted 17D H:- 1. Third Party Verification of Employment Information F forms returned to the Financial ;\dministration and Housing dDepartment by potential participants will not be accepted for use in the program. 4. "Form 'Dt, Verification of Employment" The Third Party Verification of Employment form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. f. e. Where a potential program participant is unemployed at the time that application is made to participate in the Collier County Residential Rehabilitation Program, the form entitled "Form E, Unemployed Affidavit" shall be completed, signed, and notarized by the applicant. I. If an individual becomes employed during the course of the program application process, the individual must report said employment to the Collier CmlAty financial administration and hOHsing dDepartment within ten working days, excluding holidays and weekends, and complete "Form D, a new Third Party Verification of Employment form,.!!. referred to in section 114 72(b)(5), above. 2. "Form E, The Unemployed Affidavit.!!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. g:- [. If potential participant~ or any member of the household is receiving any form of public assistance, the form entitled "Form F, Third Party Verification of Benefits" must be completed as part of the application process. 1. The total amount of public assistance that is provided to each individual residing in the household must be documented on the Third-Party verification of benefits form. 2. The "verification of benefits" form must include all sources of public assistance funds for all household members. 3. "Form F, The Verification of Benefits form.!!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. h. For individuals or families whose dV/olling unit ,-vas damaged by Hurricane ,'\ndrew, the form entitled "Form ,\ I, Homeo'.vner Hurricane Damage Certification" shall be completed and signed by the homeowner and any co owner. 1. Completion of the damage certification form by a potential program participant shall initiate the inspoetion process by the County Code Enforcement Department or the City of Naples Building Division. 2. "Form ^ 1, Homeowner Hurricane Damage Certification" shall be maintained as part of the permanent program file for each homeo',vner making applieation to the Collier County Residential Rehabilitation Program. t. &. Other verification forms may be developed and used from time to time by the Collier County financial administration and housing dDepartment in the course of the program in order to obtain third party verification of all sources of income and verification of all assets claimed by an applicant or other household resident and/or member making application to the program7, to include, Social Security, Unemployment Benefits, Veteran Page 5 of 28 Underlined text added; strike thr01:lgR text is deleted 17D Benefits. Worker's Compensation. State and Private Retirement Benefits. annuities. disability or death benefits. and severance payments. 1. Refusal by an applicant to provide information to the Collier Cmmty financial administration and housing dDepartment regarding sources for third party verifications for income and assets shall be considered sufficient grounds for a negative determination of program eligibility. (3) Applicant eligibility determination. a. The Collier ComIty finaflcial administration and housing dDepartment will maintain a program file for each prospective program participant that will contain all related participant applications, verifications, references, credit histories, and other related documents. b. Collier County Financial ,\dministration and Housing operational support and Housing Department (OS H) ..viII determine whether each applicant meets the income eligibility criteria for the program set forth in the document entitled "Form G, Household Income Sl:lfyey Form for Rehabilitation Program." 1. The income eligibility criteria used on this form shall be updated on an annual basis to reflect the most recent median income data as established by the U.S. Department of Housing and Urban Devolopment. 2. "Form G, Household Incomo Survey Form for Rehabilitation Program" shall be maintained as part of tho permanent program file for each homeov;nor making application to tho Collier County Residential Rehabilitation Program. e. b. Applicant eligibility determination shall include a review of each applicant's crodit history mortgage payment history for a 12-month period. 1. Each applicant and co-applicant must sign an "Form H, Release and ConsoRt for Third Party Verification." "Authorization for the Release of Information" form. 2. Use of this form is restricted to the Collier County Financial Administration and Housing Department, its grantors, or a participating local financial institution, as required and permitted by law. 3. "Form H, Release and Consont for Third Party Verification" The Authorization for the Release of Information form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. &- f.:. Applicant eligibility determination shall include verification of applicant's ownership of the property to be rehabilitated and disclosure of mortgages to lending institutions. 1. Where an applicant owns title to the property to be rehabilitated, applicant shall provide a copy of the property deed to the Finaflcial '^AdministratioR and Housing dDepartment. 1. The financial administration and housing dDepartment shall be permitted to obtain a copy of the deed by which applicant acquired title of the property to be rehabilitated from the public records of Collier County. 11. Where no such public record exists, it shall be contingent upon the applicant to demonstrate ownership of the property for which application is being made. 2. All applicants must provide adequate information so that "Form I, the "Verification of Mortgage or Deed of Trust" form can be Page 6 of 28 Underlined text added; strike tHrough text is deleted 17D completed by any lending institution holding a note on the property to be rehabilitated. 3. Applicants must complete Part I, Applicant Information and Part II, Lender Information, which includes the name and address of any lending institution holding a note on the property to be rehabilitated. I. If no lending institution holds a mortgage, applicant must designate such information on "Form I, the Verification of Mortgage or Deed of Trust.!..!. form. 4. If applicable, the lending institution must complete Part III, Mortgage Information, and return the signed document to the Collier County financial administration and housing dDepartment. I. If applicable, the Collier County financial administration and housing dDepartment shall provide an addressed envelope to be utilized by the lending institution to return or via fax to the OSH fax number. "Form I, the Verification of Mortgage or Deed of Trust.!..!. form to the Collier County financial administration and housing ElDepartment. 11. Completed Verification of Mortgage or Deed of Trust, Part III forms that are delivered to the financial administration and housing dDepartment by program applicants will not be accepted for use in the residential rehabilitation program. 5. "Form I, The Verification of Mortgage or Deed of Trust.!..!. will be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. e. d. Each applicant must meet the following criteria: 1. Homes less than 12 months do not qualify under this program Homeowners must have made 12 monthly mortgage payments on their current homestead property to qualify under this program. 2. Rehabilitation including construction and emergency repair of affordable housing qualifies under the program. For purposes of this section, rehabilitation means repairs or improvements which are needed for safe and/or sanitary habitation, correction of code violations, creation of additional living space, or addition of handicapped accessible items. 3. Loans are limited to a maximum of $15,000.00 per household. 4. Mortgages on the property must be current for the most recent 12- month period. 5. The properties must have a homestead exemption through the Collier County Property Appraiser's Office. f:. e. Each potential participant shall be sent a letter from the Collier County financial administration and housing dDepartment notifying them whether they meet the eligibility criteria established herein. 1. In cases where a potential participant is determined to be ineligible, the reasons for this determination shall be set forth in the notification letter to the potential participant(s). I. Any such negative determination of eligibility shall be mailed to the applicant by certified mail within three days of such determination. 2. Potential participants who have been determined to be ineligible shall be given the opportunity to correct or explain in greater Page 7 of 28 Underlined text added; strike tAf0UgA text is deleted 170 detail any information that resulted in, or affected the negative eligibility determination made by the financial administration and housing dDepartment. 3. The program administrator Department Director or hislher designee shall have the authority to make a final determination regarding an applicant's compliance with the requirements for third party verification. 4. The program administrator Department Director or hislher designee shall have the final decision-making authority regarding a determination of eligibility or non-eligibility for participation in the Collier County Residential Rehabilitation Program. 5. Such determination shall be kept as a permanent part of the applicant's program file. Sec. 114-73. Determination of corrective action. (a) [Generally.] Determination of corrective actions by aft ~ inspecting department or di','ision Rehab Specialist may occur pursuant to this section 114-73 after an application to the Collier County Rehabilitation Program has been submitted by an individual homeowner. (I) Determination of corrective actions may be conducted prior to an applicant's receiving a final determination of eligibility from the Collier County Financial L^1dministration and Housing tlDepartment. (b) Unincerpomt-cd Callier CObtnty Insoection. (1) The Collier County Rehab Specialist will conduct and complete the initial inspection of a dwelling unit under this program within ten working days of notification of a homeowner's participation in the Collier County Residential Rehabilitation Program by the Collicr ComIty Financial Administration and Housing dDepartmen1. a. Initial inspection will determine if there are deficiencies and/or violations of the Collier County Housing Code Ordinance, Ordinance No. 89 06, as amended. under HUD Housing Quality Standards (HQS). 1. The code enforcement department may pursue enforcement action against individuals or property owners where housing code violations are found. b. Collier County will document the results of the initial inspection on the code enforcement department's form HQS standards form. entitled "Inspection Rcport, Minimum Housing Code Ordinance 89 06." This form may also be referred to as "Form J" for use in this program. 1. L^1 copy of the signed, completed inspection form '""ill be provided to the housing and urban improvement department v/ithifl thrcc working days of the completiofl of the inspectiofl by the code enforcement department. ~. 1. "Inspection Report, Minimum Housing Code" The HQS standards form Ordinance 89 06"shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. c. Collier County shall identify and prioritize code violationsthe rehabilitation scope on the "inspection report" completed for each dwelling unit so that rehabilitation services can be directed at elimination of any pressing and immediate safety and/or health concern. 1. Health and safety housing code violations shall be given priority by contractors over any cosmetic rehabilitation work during inspection, bid preparation, and provision of rehabilitation serVIces. Page 8 of 28 Underlined text added; strike tHrough text is deleted 1 It shall be the responsibility of the <o.tmetor Rehab~~alist. in consultation with the homeowner, to determine and prioritize rehabilitation services beyond immediate health and/or safety concerns which are identified and prioritized by the Collier County Code Enforcement Department HQS inspection report. d. The signed and completed code enforcement HQS inspection report department inspection report will provide the basis for contractors to complete the form entitled "Form K, Collier County Residential Rehabilitation Program \Vork "'rite Up." "Collier County Residential Rehabilitation Program Bid Specs." 2. (c) City of filsplcs. (l) At the city's discretion, either the City of Naples Building Diyision or Collier County viill conduct and complete the initial inspection of dv:elling units under this program v:ithin ten working days of notification by Collier COl:lHty Financial "\dministration and Housing Department of a homeo'.vner's participation in the Collier County Residential Rehabilitation Program by thc Collier County Financial ,\dministration and Housing Department '.vi thin the incorporated boundaries of the City of Naples. a. Initial inspection will determine if there are deficiencies and/or violations of the City of Naples Housing Code Ordinance, Ordinance No. 92 6621, as amended. 1. The City of Naples Building Division may pHrsue enforcement action against individuals or property o\vn(s) \-'(here housing code ':iolations are fOHnd. b. City of Naples Building Division or Collier County Code Enforcement Department inspectors will document the results of the initial inspection on the form entitled "Form L, City of Naples Inspection Report" or some other standard form \-vhich may be de'(eloped for use in this program. 1. "A. copy of the signed, completed inspection form ..vill be pro':ided to the Collier County Financial }.dministration and Housing Department \vithin three working days of the completion of the inspection by the inspecting division or department. 2. "Form L, City of Naples Inspection Report" shall be maintaiRed as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program whose residence is located within the city boundaries. c. City of Naples Building Division, or other inspecting entity, shall identify and prioritize code violations on each d\velling unit so that rchabilitation services can be directed at elimination of any pressing and immediate safety and/or health concern. 1. Health and safety housing code violations shall be given priority by contractors over any cosmetic rehabilitation v:ork during inspection, bid prepa-ration, and provision of rehabilitative serVIces. 2. It shall be the responsibility of the contractor, in consultation '.'lith the homeov:ner, to determine and prioritize rchabilitation services beyond immediate safety and/or health concerns '.vhich are identified and prioritized by the City of Naples Building Division, or other inspecting entity. d. The signed and completed inspection report v:ill provide the basis for contractors to complete the form entitled "Form J, Collier County Residential Rehabilitation Program 'Nork \Vrite Up. " fiB lfl Contractor's initial inspection. (1) The contractors selected by the owner of the property or pre qualified by the county as described in section 111 71 (c)( 4 ) shall conduct a Page 9 of 28 Underlined text added; strike throHgh text is deleted 170 professional inspection of any eligible dwelling unit in order to determine the need for any rehabilitation work that goes beyond correction of housing code violations as determined on the HQS and the Collier County Residential Rehabilitation Program Bid Specs. a. Any such rehabilitation work that may go beyond the minimum requirements of the City of NEt-pIes Housing Code Florida Building Code shall be documented and noted on the work write- up form by the inspecting contractor. b. The contractor shall document estimated material requirements and unit labor costs for installation of materials on the work write- up form. I. The work write-up form shall include any estimates of cost for the materials and work that must be completed to correct all county and/or city housing code deficiencies found during the initial inspection. 2. The \-vark write up Collier County Residential Rehabilitation Program Bid Specs femt shall distinguish between estimates of material and labor for correction of code violations and any additional rehabilitation work which the contractor identifies as a result of his/her inspection of the dwelling unit. c. The completed 'Node ..vrite lip form Collier County Residential Rehabilitation Program Bid Specs will serve as the basis for bids from pre qualified contractors and contractors selected by the owner which will address all documented housing code deficiencies of the eligible dwelling unit and any other work that may need to be completed to protect the health and safety of residents and/or the integrity of the dwelling unit. d. A copy of the signed, completed work \vrite up form Collier County Residential Rehabilitation Program Bid Specs will be provided to the homeowner and the Collier County Financial Administration and Housing dDepartmen! within three ten working days of the completion of the inspection by contractor. See. 114 74. CORtraetoFs pre qaalified hy the eoaRty. (n) Soliciffition of ct9ntractal"S by C81il'lty f-ar fJarticl:patian in the Callier Caunty Resirkntial Rehabilitation Program. (1) The Collier County Purchasing Department, in tandem 'Nith the Collier County Financial ,\dministration and Housing department 'vVill formally solicit qualifications and related information from various contraetors and pre qualify contractors. (2) Communicating program proeedures and guidelines to contractors. a. Program procedures for inspection of premises, submission of bids for individual residences, notice of commencement, and methods of payment for services will be olitlined and pro'lided to potential participating contractors at a mandatory pre qualificatiofl meeting conducted by the Collier County Financial ,\dministration and HOlising Department and the Collier County Purchasing Departmcnt. (3) Every effort '.vill be made to incllide minority businesses in the program. (1) The formal solicitation will inch:lde a description of the program, its purpose, and the nature and scope of the work that may be performed in the cOlirse of the program. a. Interested contractors ",..ill submit responses to the formal solicitatiofl to the parchasing department. Page 10 of 28 Underlined text added; strike tHrough text is deleted 170 .,... b. The respOflses ...:ill be evaluated by a staff selection committee '.vnich ',v ill submit a recommended list of pre qualified contractors to the board of county commissioners for appro'/aI. c. Responses to the solicitation shall inclMde, but not be limited to, the folIm,ving docHmentation: 1. County and/or city oceupationallicenses. 2. O:1freRt certificates of insurance to include: 1. Current liability insurance certificate. 11. Current \Vorkmen's CompeRsation certificate. 3. Contractor application. 1. References from: 1. T...:o major suppliers from ',vhom construction materials have been purchased. 11. Local financial institHtions through '.vhich credit has been established. 1\1. Individuals (inclHding address, phone numbers, and dollar value of jobs) for '.vhom ',vorl, has been recently completed. d. .\ resolution '.vill be preseRted to the board of county commISSIOners which ,viii authorize the chairman of the Collier County Board of County Commissioners to commit the county to a contractual relationship ","ith each qualified firm for the performance of rehabilitation seryices. This contract ...:ill authorize qualified firms to submit bids for and perform residential rehabilitation '.vork and services for qualified program participants. 1. The resolution presented to the board of cOHnty commissioners for pre qMalification of contractors '.viii pertain to all eontractors favorably evaluated or meeting the criteria utilized by the staff selection committee. e. Bids may be submitted to perform rehabilitation ..vorl, Mnder this program by pre qualified contractors. (b) Rcscr.wi. (c) Contractua.l relatio1'lship betwcc1'l Cellicr Ceu1'lty ami C01'ltfflctors. (1) Each pre qualified contraetor must enter into a contract with Collier COMnty to perform residential rehabilitation services and participate in the program. a. The Collier County Purehasing Department~ in tandem '.'lith the Collier County '^1ttorney's Office shall establish the appropriate form of contract bet'::een the pre qualified eontractors and the county. 1. The contract Mtilized upon appro':al by the Collier County Purchasing Department and the Collier County .\ttorney's Office which may be amended administratively from time to time, shall be attached hereto and entitled "Contract C l, 2 Agreement afld GCReral Specifications. b. Entering said contract is not a gMarantee to contractor that work ...:ill be a'.varded to contractor for the residential rehabilitation program. 1. The contract provides the contractor the opportMnity to participate in a competitive bid process to proyide residential rehabilitation services for each eligible program participant. 2. Contracts to provide residential rehabilitation services will be awarded in accordance ","ith Collier COUFlty'S PMrehasing Policy. Qualitative factors including, but not limited to, the proposed time Page 1] of 28 Underlined text added; strike tHrough text is deleted 17D of completion for a project and any in kind contribtltiolls offered in the bid ...:ill also be considered in the evaluation process. c. "General specifications" foulld in Contract C 1 shall serve as a gl:lide to contractors and their subcontractors for preparing bids, selecting materials, and performing work under the residential rehabilitation program. 1. "General specifications" address: I" . . I" .. (2), (3) Rcservcd. I. Materials and '~lorkmanship General; Interpretation; General conditions; and Specifications, which addresses rehabilitation vt'Ork and materials eligible for reimbursement under program guidelines incltlding: a) ,^..luminum av:nings and canopy; b) '^1ppliances electrical and gas; c) Blacktop/parking areas; d) Cabinets; e) Fencing; f) Concrete 'Nork; g) Doors and \vindmvs; h) Electrical; i) Floor and coverings; j) Gutters and dOVlflSp01:1ts; Ie) Insulation; 1) Landfill; m) Painting; n) Plumbing; 0) Roofing; p) Soffit and eayes; q) Solar ef10rgy system; r) Termites; s) Tree removal; t) Vents and cra':/l space access; u) Exterior and interior walls and ceiling finishes. Contractors and firms may be placed on the list of eligible, pre qualified contractors after the initial set of eligible contractors has been established only upon meeting all of the following requirements: a) Contraetor ml:lst meet all of the reql:lirements contained and established in the initial program bid documents. II. III. b) Contractor must be appro'/ed and formally added to the list of pre ql:lalified contractors by the Board of ComIty Commissioners. Page 12 of28 Underlined text added; strike tfirOl:lgh text is deleted 17D (1) Tho financial administration aRd housing department '.','ill mail notices to all pre qualified contractors soliciting bids for eligible dwelling units based on the results of inspections conducted by tho Collior County Code Enforcemont Department or the City of Naples Building Division and documented on each jurisdiction's "Inspection Form. a. Pre qualified contractors will hayo a maximum of fourteen (11) calendar days from tho date that the request for bids far an individual project is mailed to complete and submit the '.'lark '.vrite up, in accordance ','lith section 114 73(d) b. form and a complete project bid to the Collier Count)' Purchasing Department. 1. L^~ny bid sha:lI deta:il the individual cost to carrect each Code violation cited by the inspocting department or division and shall address: 1. Labor costs. 11. Material costs. (5) Evaluation of bids. a. In evaluatiRg all bid prices, the COURt)' reserves the right to compare all bids submitted for rehabilitation v,'ork under this program to the follo',ving guidelifles: I. Labor costs should fayorabl)' compare to the most rocent edition of The Building Estimator's RefereRce Book, Vlilliam H. Spradlin, If., ed. (Chicago, IL: Frank R. ''valker Company). 1. L\ny labor cost that is not coyered in this refereRce must be explained by the contractor and bo brokeR dov,'n by unit cost for the particular service performed. b. L^~ cop)' of the bid dowment submitted by tho contractor who is awarded tho contract for an iRdividual dwelling unit shall be pro','ided to the county clork finaRce departmont to ensure that payments made to contractors reflect costs included in the bid. (6) Noticc to proceed. a. The a'.vardoe '.vill receive a notice to proceed v/hen: I . The homeov,'ner has executed and recorded the second mortgage, 2. The homeowner has execl:lted the promissory note, 3. The homeo'.vner and contractor have sigRed "Contract C 2, Contract for Rehabilitation of O\\'ller Occupied DV/elling Unit, " 4. The homeowRer has signed "Contract C 3, Performance L^~greement" with Collier County. b. Thc official notice to proceed '.vill be issl:led on a COUlity purchase order by the purchasing department. c. L^~ sl:lpplemental proceed order ',vill be issued to the cORtractar through the Collier County Financial Administration and Housing Department on "Form Q, Proceod Ordef." This progra:m form '.vill provide a start date and a completion date for the particular project and must be signed by the homeowner, the contractor, and the Director of the Collier County Financial AdmiRistratioR and Housing Department. d. "Form Q, Proceed Order" shall be maintained as part of the permaflent program file for each homeowner making application to the Collier County ResideRtial Rehabilitation Program. (7) Notice of commencement. a. Notice of commencement must be filed by contractor pl:lrsuant to the requirements of F.S. Ch. 713, for each dwelling unit receiving Page 13 of28 Underlined text added; strike tHrough text is deleted 17D rehabilitation services under Collier County Residential Rehabilitation Program. b. Collier County Board of County Commissioners shall be named on the Notice of Commencement as "Lender. " c. Collier County Financial '^1dministration and Housing department shall be named on the notice of commencement as "Persons within the State of Florida designated by ovmer upon whom notices or other documents may be served" as provided by F.S. ~ 713. I 3(l)(a)7. d. Collier County Clerk Finance Department shall be named on the Notice of Commencement under "8. In addition to himself, O':..ner designates .. . to receive a copy of Lienor's notice" as provided in F.S. ~ 713.13(l)(b). (c) HG1'ncrYw1'lcy/ce1'ltracfor rclations!lifJ. (I) One standard program contract shall be used and signed by the homeO'tvner(s)/progra-m a-pplicaflt(s), and the contractor selected to perform the -wefJr.. a. Program Contract C 2 entitled "Contract C 2, Contract for Rehabilitation of O'Nner Occupied D'Nelling Unit" 1. The "Contract for Rehabilitation of Ovmer Occupied Dwelling Unit" shall include, but not be limited to, the followiFlg elements: 1. 11. 111. 1" Y. '.' . VI. VII. ','111. IX. X. Xl. XlI. X 111. XIV. X" .. X'''I. XVII. x'liii. XIX. XX. XXI. XXII. XXlll. Scope of \vork; Contract sum, which includes the total contract price; Commencement of work/notice to proceed; Time and liquidated dama:ges; Delays and extensions of time; Contract documents, including but not limited to the contract for rehabilitation of ovmer occupied dwelling unit, the '.'lode write up, and any approved change orders directing modifications; Complaints and disputes; Public liabilitylbuilder's risk and v..orkmen's compensation msmance; O.....ner's liability/loss of insurance; Equal opportunity; Use of existing utilities by contractors and/or provision of temporary services of site; Contractor supervision of employees; Maintenance of premises; Occupancy of the premises; Inspection of 'Nork; Change orders and modifications; Guarantee of '.vor)e; Lead based paint certification; Conflict of interest; Compliance v..ith local codes and ordinances; Assignment and transf'0r; Termination; Severability; Page 14 of 28 Underlined text added; strike tt-Jroagh text is deleted 17D XXI v. Conflicting provision; xxv. 'J/aiver; XXVI. Modification; XXVII. Illegal or unconstitutional provisions; XXVlll. Hold harmless and indemnity; XXIX. }~nti discrimination statement. 2. ,^~ copy of "Contract C 2, Contract for Rehabilitation of Owner Occupied D':lelling Unit" shall be maintained as part of the permanent program file for each homeovmer making application to the Collier County Residential Rehabilitation Program. 3. "General specifications for Rehabilitation and Home Repair" '.vhich are included as part of the Contract document entitled "Contract C I, ,^~greement for Services" betv;een contractor(s) and Collier County shall guide and provide direction to an)' and all contractors and subcontractors for materials purchased and installed under this program. (d) Contr-tlcter/sblbcontract:or l"ClationshifJ. ( I ) Contractor shall provide the Collier County Financial ,^~dministration and Housing department with a project bid v;hich shall include: a. /\ list of all subcontractors performing 'Node under contract, or otherwisc, for each dwelling unit that contractor provides rehabilitation services. b. /\. breakdo'.vn of projected labor and material costs for each subcontractor performing rehabilitation ,;;ork on a particular dwelling unit. (2) Contractor is responsible for maintaining appropriate work quality by any and all subcontractors used to complete a rehabilitation project. (3) Contractor shall require each of its subcontractors to procure and maintain, I:Ultil the completion of the subcontractor's '.vorlc, insurance of the types and to the limits specified for contractor in "Contract C I, ,\greement" and "Contract C 2, Contract for Rehabilitation of OVIl'ler Occupied D'Nelling Unit," mlless such insurance requirements for the subcontractor are expressly '.vaived in writing by Collier County. }JIliability insurance policies, other than professional liability, worker's compensation and employer's liability policies, obtained by contractor to meet the requirements of the "Contract C I, ,^~greement" and "Contract C 2, Contract for Rehabilitation of O..vner Occupied Dv,elling Unit" shall name the owner and Collier Count)' as additional insured and shall contain severability of interest provisions. If any insurance required expires prior to the completion of the .."ode, renev;al certificates of insurance and, if requested by owner, certified true copies of the rene'l/al policies shall be furnished by contractor within 30 days prior to the date of expiration. ( 1) Contractor shall obtain a signed original of "Form M, 'N ai ver of Lien to Date" from all Subcontractors performing work on a dwelling unit prior to submitting a "Form U, Request for Inspection." a. f~ll subcontractor ,,<,aivers of lien are required to be submitted v;ith any contractor's request for payment. b. Contractor must submit all ...;aivers of lien v;ith a request for payment to the Collier County Financial Administration and Housing departmcnt. (e) Performance of rehabilitatian ',';ay,/( by contractsr and sblbcontractsrs. (1) Materials to be purchased and installed shall conform to the minimum material standards found in "General Specifications For Rehabilitation and Home Repair" as incorporated in "Contract C I, ,\greement for Services ". a. Materials that are equivalent(s) in quality and life cycle may be substituted. Page 15 of 28 Underlined text added; strike thrOl:lgh text is deleted IlL b. ..\ny substitutions of materials that occur after a contract has been completed aRd approved shall require a change order, except 'Nhere a particular item is no longer available. 1. Any change order(s) for substituted materials must be approved and sigRed by the homoo',l.Rer and the program administrator or his/her designee prior to installation for the material to remain an eligible expenditure. c. Material specifications may be chaRged administratively, from time to time, to reflect changes in markets and technological improvements in material composition. (2) ..A.1I work performed by aRY contractor(s) and its subcontractor(s) shall be in accordance 'Nith: a. The iRspection report completed and submitted by the Collier C01:mty Code Enforcement Department of the City of Naples Building Division. b. Bid documents submitted by the contractor on "Form K, Program \V ork \Vrite Up" and any supplemeRtal plans submitted in cORjunction "'lith this femr.- c. The scope of work established and agreed to by the parties iR "CoRtract C 2, Contract for Rehabilitation of Owner Occupied Dwelling URit. " d. The program docl:lment entitled "GOl'leral Specifications for Home Repairs and Rehabilitation. " (3) ..'\11 work performed by any contractor(s) and their subcontractor(s) must conform to the requirements of: a. Collier County Housing Code, Ordinance No. &9 06, as amended; b. The City of Naples HOl:lsing Code, OrdiRance No. 92 6621, as amended; c. ,\ll construction industry codes referred to iR the abo';e referenced county and city codes, as amended; d. "General Speeifications for Rehabilitation and Home Repair; " e. ..\11 materials and workmanship shall conform to the requirements of the Standard Building Code, 1991 edition, as amended. See. 114 75 Sec. 114-74. Contraet8Fs seleet.ed hy 8wneF Contractor selection. (a) Solicitation of contractors by owner. (1) The owner may obtain must solicit bids from at least 3 contractors and/or subcontractors.:. who are not pre qualified by the county as long as the o'.vner solicits proposals accordiRg to the write ups afld inspections performed by the county or the City of Naples pursuant to section 111 73(d). The aggregate cost may not exceed $15,000.00. The bid shall detail the individual cost to correct each code violation cited by the inspecting department or division and shall address labor costs and materials costs. Labor costs should favorably compare to the most recent edition of The Building Estimator's Reference Book. \ViIliam H. Spradling, If. cd., (Chicago, IL; Frank R. ',"alker Company). (2) The owner may select a contractor after the county receives the following documents: a. Copy of the bid~; b. County and/or city occupational licenses; c. Current certificates of insurance with coverage for: 1. Current liability insurance; 2. Current workmen's compensation; 3. Current business auto liability. Page 16 of 28 Underlined text added; strike throl:lgh text is deleted I7L (3) The contractor is an independent contractor and shall not be deemed an agent, employee or partner of the county. (b) Administration of residential rehabilitation. (I) A copy of the bid document submitted by the contractor who is awarded the contract for an individual dwelling unit shall be provided to the county clerk finance department to ensure that payments made to contractors reflect costs included in the bid. (2) Notice to proceed. a. The awardee will receive a notice to proceed when: 1. The homeowner has executed and recorded the second mortgage. 2. The homeowner has executed the promissory note. 3. The homeowner has signed "Contract C-3, Performance Agreement" with Collier County. b. The official notice to proceed will be issued in a formal letter from the Financial L^.dmiflistration and Housing 4Department. c. A supplemental proceed order will be issued to the contractor through the Collior COHnty Finafleial L\dministration afld Housing dDepartment on "Form Q. Proceed Order." the Contractor's Awards Letter. This program form will provide a start date and a completion date for the particular project and must be signed by the homeo'Nner, the contractor, and the director of the Collier County FiRaflcial Administration and Housing Department. d. "Form Q. Proceed Order" The Contractor's Award letter shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. (3) Notice of commencement. a. Notice of commencement must be filed by contractor pursuant to the requirements of Chapter 713, Florida Statutes, for each dwelling unit receiving rehabilitation services under the Collier County Residential Rehabilitation Program. b. Collier County Board of County Commissioners shall be named on the notice of commencement as "lender." c. The Collier County Financial l.dministration and Housing dDepartmen! shall be named on the notice of commencement as "Persons within the State of Florida designated by owner upon whom notices or other documents may be served" as provided by F.S. S 713.13(1)(a)7. d. Collier County Clerk Finance Department shall be named on the notice of commencement under "8. In addition to himself, Owner designates. . . to receive a copy of Lienor's notice" as provided in Section 713.131(1)(b), Florida Statutes. (c) Monitoring for rehabilitation/emergency home repair. (1) Information regarding the nature of the work to be performed will be obtained through the use of preliminary building inspections required by the 4Department of financial administration and housing. A copy of said inspection will be maintained in the owner's permanent file. Health and safety housing code violations will be given priority by the contractors over any cosmetic rehabilitation. (2) The owner will be responsible for the selection of the licensed contractor who will perform the repair work. The selected contractor must supply a detailed work virite up bid specification to the owner containing an itemized listing of material and labor costs. This work "Yrite up bid specification is to be approved by the owner and a representative of the 4Department of financial admiRistration Page 17 of 28 Underlined text added; strike tl1rmtgh text is deleted 17D and housing prior to the commencement of rehabilitation. A copy of the approved '.vorle write up bid specification will be maintained in the owner's permanent file. The monitoring of the work will be the responsibility of the owner. Contractual agreements will be executed between the owner and the contractor. The dDepartment of financial administration and housing will maintain a copy of the signed contract to be kept in the owner's permanent file. (3) All work performed by contractor(s) and its subcontractor(s) shall be in accordance with: a. The inspection report completed and submitted by the Collier County Code EnforcemOl'lt Department or the City of Naples Building Division. Rehab Specialist. b. Bid documents submitted by the contractor on "Form K. Program \Vorle 'Nrite up" the Bid Specification and any supplemental plans submitted in conjunction with this form. (4) All work performed by any contractor(s) and their subcontractor(s) must conform to the requirements of: a. Florida Building Codes and +he Collier County Housing Code, Ordinance No. 89-06, as amended; and b. The City of Naples Housing Code, Ordinance No. 92 6621, as amended; &.- b. All construction industry codes referred to in the above referenced county and city codes, as amended-;-.:. d. All materials and \vorkmanship shall conform to the req\:lirements of the Standard Building Code, 1991 edition, as amended. (d) Required documentation for rehabilitation/emergency home repair. The following documents are required of all eligible households for repair loans: (1) Rehabilitation/emergency home repair vv'ork write blJ9 bid svecification. All work that is to be performed must be listed on this form detailing labor and material costs. This form must be delivered to a representative of the dDepartment e.f financial administration and housing prior to the commencement of any repair work. A signed copy will be provided to the owner and to the county pl:lrchasing aH4 finance departments. Loans granted under this program, but are limited to a maximum of $15,000.00 per household (2) Final inspection. A copy of the signed final inspection will be maintained in the owner's permanent file. A copy of the final inspection will be provided to Hie owner and to the department of finance. (3) Promissory note. This note will be used specifically for the loans granted under the rehabilitation/emergency home repair program. A copy of the note will be maintained in the owner's permanent file, and will also be sent to the department of finance. The original, executed note will be kept on file in the dDepartment e.f financial administration and housing. (4) Second mortgage. The second mortgage will be used to secure the promissory Note and will be recorded by the Clerk of the Circuit Court for Collier County. The original, recorded second mortgage will be kept on file in the dDepartment of financial administration and housing. Copies will also be made available to the owner and the department of finance. All fee's associated with the recording of this document will be paid by the ewflef Department. (5) Waiver of lien. Upon completion of the repair work, the contractor will be required to execute a waiver of lien. No payments shall be disbursed until the dDepartment of financial administration and housing receives the waiver of lien, a satisfactory inspection report and the itemized contractor's invoice. See. 114 7(,. Sec. 114-75. Contractual relationship between Collier County and program participant(s ). Page 18 of28 Underlined text added; striko throl:lgh text is deleted 17D (a) Program participant(s) must meet income and program eligibility guidelines as set forth in section(s) 114-72(b) and (c), above. (b) Applicant(s)/homeowner(s) is/are responsible for reporting any change of income to Collier County financial administration and Housing Department the ElDepartment within ten working days of any change so that closing of a residential rehabilitation loan is not unduly delayed. (I) Changes in individual, household, and/or family income shall require that "Peffi:t B, Applicant Income Certification" be completed and recertified by homeowner(s). a. Third party verification shall be completed prior to closing a residential rehabilitation loan and executing "Form 0, the Second Mortgage.!.!. and "Form P, the Promissory Note..!.!. (c) Program participant(s) (i.e., homeov/ner, and co owner where applicable) mMst execMte "Form 'N', L\ffidavit of No Income Change" prior to closing tho Residential Rehabilitation Loan and executing "Form 0, Second Mortgage" and "Form P, Promissory Note. " W if} Program participants must execute a second mortgage as a security interest to finance the costs of rehabilitation work performed on the program participant's dwelling unit. (I) The secondary mortgage must be executed on "Form 0, the Second Mortgage.!.!. or on a substantially similar document that has been approved by the Collier County Office of the County Attorney. (2) Lenders may include, but not be limited to, Collier County Board of County Commissioners or any registered financial institution operating under the Laws of Florida in Collier County, Florida. (3) The second mortgage shall set forth the obligations of the borrower(s), lender(s), mortgagor(s), and mortgagee(s) and shall include, but not be limited to, the following uniform covenants: a. Payment of principal and interest; prepayment and late charges; b. Funds for taxes and insurance; c. Application of payments; d. Charges; liens; e. Hazard or property insurance; f. Occupancy, preservation, maintenance and protection of the property; borrower's loan application, leaseholds; g. Protection of lender's rights in the program; h. Mortgage insurance; 1. Inspection; J. Condemnation; k. Borrower not released, forbearance by lender not a waiver; I. Successor's and assigns bound; joint and several liability co-signers; m. Loan charges; n. Notices; o. Governing law; severability; p. Borrower's copy; q. Transfer of the property or a beneficial interest in borrower; r. Borrower's right to reinstate; s. Sale of note; change of loan service; t. Hazardous substances; Page 19 of 28 Underlined text added; strike throHgl1 text is deleted 17D u. Acceleration; remedies; v. Release; w. Attorney's fees; x. Rider's to the security instrument. (4) Mortgage dollar amount(s) shall be limited by and shall not exceed: a. Program guidelines as established by program grantors; b. Bids for rehabilitation services as submitted by participating contractors. (5) Mortgage funds shall be disbursed pursuant to the terms of "Form P, the Promissory Note!.!. and/or "Contract C-3, Performance Agreement." (6) The second mortgage shall be recorded with the office of the collier county clerk of courts upon closing of the rehabilitation loan with the lending entity Department and the homeowner. (7) Upon closing, the Collier County financial administration and Housing Department will cover the costs of recordation of the mortgage instrument with the Collier County Clerk of Courts and documentary stamp tax. (8) No payment or disbursement of loan funds will be made or processed for the program participant/homeowner or the contractor until the Collier County financial administrution_afld Housing Department receives a certified copy of the recorded second mortgage document. (9) A copy of "Form 0, the Second Mortgage!.!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. f€t @ Program participants must execute a promissory note as a security instrument and promise to repay the second mortgage at the time that title to the property transfers to an individual or individuals other than borrower(s), or in accordance with the terms of the Form 0, Second Mortgage. (I) The promissory note must be executed on the "Form P, Promissory Note!.!. or on a substantially similar document that has been approved by the Collier County Office of the County Attorney. (2) The promissory note sets forth the obligations of the borrower, the lender, and the noteholder and shall include, but not be limited to, the following elements: a. Borrower's promise to pay; b. Interest; c. Payments; d. Borrower's right to repay; e. Loan charges; f. Subordination; g. Borrower's failure to pay as requested; h. Obligations of persons under this note; 1. Waivers; J. Uniform secured note. (3) Homeowner must provide the Collier County financial administration and Housing Department with a copy of the document within three working days of signing by all involved parties. (4) No payment or advance of loan funds will be made or processed for the program participant/homeowner or the contractor until Collier County financial administration and Housing the Department receives a copy of the "Form P, Promissory Note!.!. from the homeowner. Page 20 of 28 Underlined text added; strike through text is deleted 17L (5) A copy of "Form P, the Promissory Note.!..!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. ftB ~ Program participants must execute the program document entitled, "Contract C-3, Residential Rehabilitation Program Performance Agreement." ( I ) The performance agreement sets forth the obligations of the program participant with regard to the facts and purposes of the program which includes, but is not limited to: a. That program participant understands the conditions of the loan, including program guidelines, rules, and restrictions; b. That benefits are not transferable; c. That eligible dwelling units be occupied by the program participant prior to and after completion of rehabilitation work to the dwelling unit; d. That several funding sources may be used to provide services under this program, and which programs may have different requirements regarding location of eligible dwelling units and use of funds; e. That the eligible dwelling unit must comply with the requirements of the Florida Building Code~ Collier County HousiNg Codc, Ordinance No. 89 06, as amended; or if located within the City of Naples, the unit must comply "lith applicable sections of the City of Naples HousiNg Code, Ordinance 92 6621, as amended; f. That no owner, co-owner or relative of an owner or co-owner shall serve as a contractor or sub-contractor for the rehabilitation of the subject property, nor shall an owner, co-owner, or relative receive any compensation for their labor with any program funds: 1. A relative of a homeowner or co-owner shall be defined in this instance as an immediate family member to include mother, father, brother, sister, aunt, uncle, and cousin or a family member by marriage, to include mother-in-law, father-in-law, brother-in- law, and sister-in-law. g. That any contractor performing work under this program shall be pre qualified by the county as per sectioN 111 71 Contractors, above. fl.g,. That all work performed by a contractor will be in accordance with the inspection report prepared by the Collier County Code Enforcement Department, or by the City of Naples Building Di'.'ision, Rehab Specialist and that no changes to bid work will be paid for with loan funds where there has not been express written prior approval by the program administrator Department Director or his/her designee on the form entitled "Form R, Residential Rehabilitation Program Change Order." hh. That access to the property and dwelling unit will be provided to county, city, or other appropriate personnel conducting inspections to determine interim progress and/or completion of work for any or all rehabilitation work performed with funds from this program. f;!.:. That contractor is responsible for acquiring any and all permits and approvals to perform work under this program and must provide evidence of permits where requested, by program personnel, including but not limited to inspectors. *'-1 That owner/program participant shall execute the second mortgage, promissory note, or other instrument deemed appropriate for use in this program by the Office of the Collier County Attorney and pay for recording costs. hk. That payment for any work performed prior to execution of the second mortgage, promissory note, or other approved instrument, including but not limited to, an official notice to proceed, shall be the sole responsibility of the homeowner/program participant. Page 21 of 28 Underlined text added; strike throl:lgh text is deleted 17D ffi:-L. Liability for payment for any work performed by the contractor which does not conform to the work write-up where express written approval has not been given by Collier County financial administration and Housing the Department and the owner shall be the sole responsibility of contractor. fl-:-m. That program funds for rehabilitation shall be loaned to owner at zero percent interest and payment of the principal amount shall be forgiven at a rate of 33.3 percent every five years until the balance is zero, or deferred until such time that title to the property transfers to an entity other than the owner or they refinance their first mortgage. e-:n. That owner shall occupy the rehabilitated residential unit as the owner/program participant's primary residence until a satisfaction of mortgage is recorded in the Public Records of Collier County, or shall be in default of this performance agreement, the required second mortgage, and the promissory note. M. That the maximum amount of the loan shall be the actual amount paid to the contractor, or $15,000.00, whichever is less. If the source of funding permits, the maximum amount of the loan may be extended to $15,000.00 needed to correct housing code violations of the Collier County Housing Code, Ordinance No. 89 06, as amended, or the City of Naples Housing Code, Ordinance No. 92 6621, as the)' may be amended from time to time . Et-Ih That if the residence or property is historically significant: 1. Improvements must be consistent with those approved by the Florida Department of State in accordance with the most current revision of "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings," and 2. Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance, Ordinance No. 91-70. r.g" That the performance agreement shall be enforced by Collier County through injunctive or any other legal remedy. (2) The Chairman of the Collier County Board of County Commissioners shall be ffilthorized by resolution to sign the performance agreement on behalf of the county. e-t ill A copy of "Contract C-3, Residential Rehabilitation Program Performance Agreement" shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. 8ee.114 77. Sec. 114-76. Inspection(s) of rehabilitation work. (a) Interim inspections fer Cede deficicncics. (1) Contractors are responsible for arranging interim inspections with appropriate county or city departments. (2) Intcrim inspections will be conducted by Collier County Code Enforcement Departmcnt, or the City of Naples Building Division I in order to determine compliance of rehabilitation work \vith the or County Housing Ordinance, Ordinance No. 89 06, as amended, or the City HOHsing Code, Ordinance No. 92 6621, as amended. a. All work performed under the Collier County Residential Rehabilitation Program must conform to all state, county, and/or city code requirements to be reimbursed under this program. e-t ill Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the completed, signed inspection form will be provided Page 22 of 28 Underlined text added; strike tRroHgl:t text is deleted 170 to the Collier CO\:lflty financial administration and housing dDepartment within three working days of completing each inspection. a. Each inspection form shall be maintained as a permanent part of each program participant's file. (1) Interim iflspections of premises may be made by tHe Collier County fiflancial administration and HO\:lsing Departmcmt, the Collier County Code Enforcement Department, the City of Naples Building Di','isiofl, or by inspection personnel from a Collier County finaflcial institution, '.'.'hen such institution becomes an active participant in the Collier County Residential Rehabilitation Program. (5) .^..ll rehabilitation v,'ork performed \:lnder the Collier CO\:lnty Residential Rehabilitation Program m\:lst conform to the requiremeflts of "General Specifications" as iflcorporated in "CoRtract C I, i\greement" as well as general industry '.vork quality standards for such 'work, in order to pass inspection(s) and be reimbursed under this program. (6) The Collier County Code Enforcement Department and/or the City of Naples Building Division shall be vested with the authority to make a final determiflation of conformaRce to Code req\:lirements for all code related rehabilitation 'Nork performed under this program. (b) !Nterim iNspections f-{)r rehtihilittitioN ',';ork other thtiN cede deficiencies. (1 ) Interim inspections for other rehabilitation ..vode will be performed by Collier County Code Enforcement Department, or the City of Naples Building DivisioR to determine if materials and ',vorkmanship comply '.vith the requirements of this program as described in "GeReral Specifications for Rehabilitation aRd Home Repair", if applicable, as '.veIl as the requirements of the cO\:lnty and city for such wefk.:. (2) Copies of signed, completed inspcctiofl forms for aflY inspectioR(s) shall be provided to the Collier County financial administratiofl and HousiRg DepartmeRt within three '.vorking days of completion of the inspection. (3) Each inspection form shall be maintained as a permanent part of each program participant's file. (1) Intcrim inspections of premises may be made by the Collier ComIty financial administration operational support and Housing Department, the Collier County Code Enforcement Department, the City of Naples Building Division, or by inspection personnel from a Collier County financial institutioll, v,'hen such institution becomes an acti','e participant in the Collier Coullty Residential Rehabilitation Program. a. Such inspections may address, but are not limited to: I. Inspections prior to mediation between the homeo....ner and contractor, '.'ihen needed; 2. InspectioRs to determine extent of 'Node progress prior to approval for afl interim, progress, or final paymeflt to contractor. (5) All rehabilitation work performed under the Collier CO\:lRty ResideRtial Rehabilitation Program must conform to tHe requirements of "General SpecificatioRs for Rehabilitation and Home Repair," if applicable, as well as general industry work quality ~;tandards for such ','lode, ill order to pass inspection(s) and be reimbursed under this program. (6) The program administrator shall be vested \vith the authority to make a final determination of work completeness and vlOrk quality in the evellt that there is disagreement among any of the parties. fe1 ilil Final inspections f-or cstie deficieNcies. (I) Contractors are responsible for arranging final inspections with appropriate county or city inspection departments. (2) Fillal inspections will be cOllducted by Collier County Code Enforcement Department, or the City of Naples B\:lilding Division in order to determine Page 23 of 28 Underlined text added; strike thfOl:lgh text is deleted 17D compliance of rehabilitation work with the County HousiFlg Ordimmce, Ordinance No. 89 06, as amended, or the City Housing Code, OrdinaI'lce No. 92 6621, as amended. a. fJl work performed under the Collier County Residential Rehabilitation Program must conform to all state, county, and/or city code requirements to be reimbursed under this program. ~ ill Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the completed, signed inspection form will be provided to the homeowner and to the Collier financial administration and Housing Department within three working days of completion of any final inspection. a. Each inspection form shall be maintained as a permanent part of each program participant's file. f41 ill The Collier County Code Enforcement Department and/or the City of Naples Building Division Rehab Specialist shall be vested with the authority to make a final determination of conformance to code requirements for all code related rehabilitation work performed under this program. ~ ill All rehabilitation work performed under the Collier County Residential Rehabilitation Program must conform to the requirements of "General Specifications for Rehabilitation and Home Repair," the Collier County Operational Support & Housing Material Specifications if applicable, as well as general industry work quality standards for such work, in order to pass inspection(s) and be reimbursed under this program. f6+-ill The program administrator Department Director or his/her designee shall be vested with the authority to make a final determination of work completeness and work quality in the event that there is disagreement among any of the parties. (d) Final inspcctiens for rchahilikltieH ~'.'6rk ether than cede deficiencics. (1) Final inspections for other rehabilitation work v;ill be performed by Collier County Code Enforcement Departmeflt or the City of Naples Building Division to determine if materials and workmanship comply ",;ith the requirements of this program as described in "General Specifications for Rehabilitation and Home Repair," if applicable, as well as the requirements of the county and city for such weffi.:. (2) Copies of signed, completed inspection forms for all final inspections shall be provided to the Collier County financial administration and HOl:lsing Department ':lithin three 'Norking days of completion of the inspection. (3) Each final inspection form shall be maintained as a permanent part of each program participant's file. (1) Final inspeetions of premises shall be made by the Collier County financial administration and housing Department, or by inspection personnel from a Collier County financial institution, when such institution becomes an active participant in the Collier County Residential Rehabilitation Program. &;-@ Such inspections may address, but are not limited to: h-!.ill. Inspections prior to mediation between the homeowner and contractor, when needed; ;h-ill Inspections to determine extent of work progress prior to approval for final payment to contractor; ~ifl Inspection to determine if all receipted, purchased materials have been installed; 4,-@ Inspection to obtain homeowner final sign-off and approval for final payment to contractor. (5) ,\11 rehabilitation '.york performed under the Collier County Residential Rehabilitation Program must cOflform to the requirements of "General Specifications for Rehabilitation and Home Repair," if applicable, as v/ell as Page 24 of 28 Underlined text added; strike thrOl:lga text is deleted 17D general industry work quality standards for such '.vork, in order to pass inspection(s) afld be reimbursed uflder this program. (6) The program administrator shall be '/ested with the authority to make a fiflal determination of work completeness and work quality in the e'/ent that there is disagreement among any of the parties. See. 114 78. Sec. 114-77 Methods of payment for rehabilitation work performed. (a) Performance bonds. (I) No performance bond shall be required to be posted by a contractor selected by owner or pre qualified contractor under this program. (2) In lieu of posting a performaflce bond, an amount equal to 20 percent of any interim progress payment '."ill be retained pendiflg completion and final approval of all rehabilitation 'Nark, and submission of wai','ers of lien and proper documentation. (b ) Methods of payment for work pe rformed. (I) There are two methods by which contractors may be paid for services rendered under this program: a. One time payment for services: I . Contractor submits "Form U, Request for Inspectiofl" an invoice to the financial administration and housing tlDepartment. 8tiefl. request must have copies of receipts for materials attached. Ne request will be processed without copies of the vendor receipts for materials used on the dwelling unit. 2. Payment to contractor is contingent on submission of "Form U, Request for Inspection," the Final Inspection Report by the Rehab Specialist to Collier County Financial i\dministration l:Uld Housing the Department, and final inspection by appropriate personnel, and must be accompanied by: 1. Affidavit from contractor stating that subcontractors and material suppliers have been paid for the particular job and dwelling unit for which the contractor is submitting a request for payment to Collier County. a) Contractor(s) must submit final, notarized originals of "Form 14, "Waiver of Lien to Date.:." from all subcontractors '.vith the "Form U, Request for Inspection. " b) Final inspections will not be conducted until such time that final, notarized originals of "Form 14, Waiver of Lien To Date!.!. have been submitted to the financial administration and housing tlDepartment for all subcontractors performing rehabilitation work on the dwelling unit to be inspected. c) Contractor(s) must submit final, notarized originals of "Form M, V/ai','er of Liefl to Date" from all building material suppliers ..vith "Form U, Request for Inspection. " tit ~ Final inspections will not be conducted until such time that final, notarized originals of "Form M, Waiver of Lien to Date!.!. fl-as. have been submitted to the financial administration and housing tlDepartment for all material vendors providing materials for the dwelling unit to be inspected. Page 25 of 28 Underlined text added; strike tHroUgH text is deleted 17D 11. In the alternative, upon submission of invoices or other documentation from contractor and a written notarized statement from contractor that materials have been supplied and services rendered which are satisfactory to contractor, payment shall be processed Ill. Final inspection of all work intended to correct Collier County Housing Code '/iolations is conducted by the code enforcement department \':ithin three ','lorking days of receipt of "Form U, Request for inspection" from the Financial Administration and Housing department. W:-..l!! Final inspection of all rehabilitation work shall be conducted by the Collier County financial administration !!nd housing 4Department, the Collier County Code Enforcement Department, and personnel from applicable city departments or divisions.:., and/or appropriate personnel from a local financial institution that is participating in the program, to determine that all purchased materials have been installed. Such inspection shall be conducted within three ',':orking days of receipt of "Form U, Request for Inspection" by the Financial .^.dministration and Housing department. >r: IV. Contractor, The homeowner, and the Department Director or his/her designee all inspector(s) complete and sign form entitled "Form T, Disbursement Authorization." ;<+;-.y. Contractor executes form entitled "Form M, Waiver of Lien to Date" and provides the original notarized document to the purchasing department and a copy of the executed form to the financial administration and housing 4Department. 3. Contractor submits copies of receipts for all rehabilitation materials purchased and installed for reimbursement '.'lith program/loan funds to the Financial L^~dministration and Housing department with signed and completed "Form T, Disbursement f.uthorization. " 1. Financial i\dministration and Housing department shall forward copies of all contractor's receipts for purchased materials, "Form T, Disbursement .^.uthorization," and other appropriate documents to the ColIicr County Clerk's Finance Department. ~.~ Collier County Clerk's Finance Department shall process payment to contractor for the contract amount and for any additional work authorized and documented on the "Form R, Change Order.!..!. by the program administrator Department Director or hislher designee. e.,. 4. Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property. b. Progress payments. I. All requests for progress payments must be submitted on the form entitled "Form T, Disbursement Authorization." 2. Interim or final inspection of all '.vorle intended to correct Collier County Housing Code violations is conducted by the code enforcement department, and all work to correct City of Naples Housing Code is conducted by the city building division, v:ithin three ',':orking days of receipt of "Form U, Request for Inspection" from the Financial Administration and Housing department. Page 26 of 28 Underlined text added; strike through text is deleted 17D ~2. Interim inspection of all rehabilitation work shall be conducted by the Collier County financial administration and housing ElDepartment and the, Rehab Specialist. Collier County Code Enforcement Department, applicable city departments or divisions, and/or appropriate personnel from a local financial institl:ltion that is participating in the program, to determine that all purchased materials have been installed. Such inspection shall be conducted within three \vorking days of receipt of "Form U, Request for Inspection. " 4:-1:. Contractor executes form entitled "Form M, Waiver of Lien to Date" and provides the original notarized document to the purchasing department and a copy of the executed, notarized form to the financial administration and housing ElDepartment. ~ 4. Contractor, The homeowner, and all inspector(s) Department Director or his/her designee complete and sign form entitled "Form T, Disbursement Authorization." 6. Contractor submits copies of receipts for all materials purchased v:ith program/loan funds to the Financial }l.dministration and Housing Department with the request for progress payment and "Form T, Disbmsemcnt Authorization." +: 2:. The financial administration and Housing ElDepartment shall forward contractor's invoice, copies of all receipts for pl:lrchased materials, "Form T, Disbursement Authorization," and other appropriate documents to the Collier County Clerk's Finance Department. s.:. 6. Collier County Clerk's Finance Department shall process payment to contractor for the invoice amount and for any additional work authorized through change order by the program administrator Department Director or his/her designee. 1. No payment shall be made for any work not specifically authorized by the program administrator Department Director or his/her designee, either by contract or by change order. 9-: 7. Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property. (c) Program participant files. (1) Copies of every form and copies of all receipts used in the contractor payment process shall be kept as a part of each individual homeowner's program file. (d) Chtlngc order contingency. (1) Each rehabilitation loan 'Nill include a contingency reserve fl:lnd which, as a general rule, ..,<,ill be based on ten (10) percent of the cost of the rehabilitation contract. a. Contingency requirements may yary 'Nhen such requirements are mandated by a specific funding source. (2) l\ny '.'Iork completed pursl:lant to an approved change order that incl:lrs additional costs will be deducted from this ten percent contingency reserve. (3) Contingency f\;lRds must be eJlpended to attain the final dollar amount of the second mortgage and the promissory note. See. 114 79. Sec. 114-78 Disaster waiver. (a) In the event of a natural disaster, program guidelines regarding pre-qualification of participating contractors may be waived in order to expedite needed repairs and improvement to damaged properties. Page 27 of 28 Underlined text added; strike throHgh text is deleted 170 (b) Any dollar expenditure cap in effect for any state or federal program that provides funds used in the Collier County Rehabilitation Program may be waived or increased where the governor of the State of Florida, or the executive officer of any state or federal agency issues an executive order, or other such directive, waiving or increasing said cap. (c) All Collier County Residential Rehabilitation Program requirements for documentation by contractors of material purchases and estimated labor costs shall remain in effect. Secs. 114-80--114-90. Reserved. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~day of t'\C~\-i) \)t~r" ,2006. ATTEST Dwight&{~rock, Clerk " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~>~ FRANK HALAS, Chairman By:Cl,W..L' ~...e.." 0.-< , t~,~i.c.~,. ..' '.' ~ , Deputy Clerk f'"...",~,r~.~.; 'll'~' i~~,. . "0; AP%t~~:~'cftof.fh and gal su ficiency: "',1 latzkow ssistant County Attorney Item# ~ Agenda II, I u' D(iic ~p{o ~=;~d l_~tp Page 28 of 28 Underlined text added; strike tlifOl:Jgh text is deleted '-............_-"'...._,."="''''''U_,__~'''.'''';...~...,.'' 17D 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 2006-44 Which was adopted by the Board of County Commissioners on the loth day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners lk.u ~ \Cl.( . By: Ann Jennejohn, Deputy Cle:rk ' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17E To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Dept/ Div: Operational Support & Housing Person: Lauren Beard Date: 09/15/06 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. October 10, 2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: See attached Companion petition( s), if any & proposed hearing date: yes, October 10, 2006, see attached Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: 191-138785-649100-442071 Reviewed by: Division Administrator or Designee Date List Attachments: Two Ordinance updates DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE O~j ~ Date Received: I 0" Date of Public hearing: , IO/ro~ D"eAdverti"d or/~q!cI.,o First Ordinance 17E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94-39, AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PERT AINING TO THE ST A TE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES AND ORGANIZATIONAL CHANGES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. Second Ordinance AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND DERIVED FROM THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.), IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES; REQUIRE DIRECT PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. .17E September 15, 2006 Attn: Pam Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 94-59 Dear Pam: Please advertise the above referenced notice on Friday, September 29, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O./Account # 191-138785-649100-442071 17E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 10, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND DERIVED FROM THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.), IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES; REQUIRE DIRECT PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS 17E COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Teresa Dillard, Deputy Clerk ( SEAL) Teresa l. Dillard 17E From: Sent: To: Subject: ClerkPostmaster Friday, September 15. 2006 2:40 PM Teresa L. Dillard Delivery Status Notification (Relay) Attach ments: ATT10807.txt; Ordinance Amending Ordinance 94-59 ~ F::-"::::1 U ATT10807.txt (231 Ordinance B) lending Ordinance ~ This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard ]7E From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, September 15, 2006 2:40 PM Teresa L. Dillard Delivered: Ordinance Amending Ordinance 94-59 Attachments: Ordinance Amending Ordinance 94-59 F::-.7-~1 L::J Ordinance 1ending Ordinance ~ <<Ordinance Amending Ordinance 94-59>> Your message To: legals@naplesnews.com Subject: Ordinance Amending Ordinance 94-59 Sent: Fri, 15 Sep 2006 14:40:20 -0400 was delivered to the following recipient(s): legals, NDN on Fri, 15 Sep 2006 14:40:28 -0400 1 17E Teresa L. Dillard To: Subject: legals@naplesnews.com Ordinance Amending Ordinance 94-59 Attachments: o RD .AM EN 0.0 RD .94-59(9-06). doc; ORD .AM EN D. ORD. 94-59-second (9-06 ).doc Legals, Please advertise the following on Friday September 29, 2006. Any questions, please give me a call. Thank you ORD.AMEND.ORD. ORD.AMEND.ORD. 94-59(9-06).doc... 94-59-second(9-0... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.D illard@Clerk.collier.fl.us) 1 Ordinance Amending Ordinance 94-59 Teresa L. Dillard From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, September 15, 2006 3:10PM To: Teresa L. Dillard Subject: RE: Ordinance Amending Ordinance 94-59 OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us] Sent: Friday, September 15, 2006 2:40 PM To: legals@naplesnews.com Subject: Ordinance Amending Ordinance 94-59 Legals, Please advertise the following on Friday September 29,2006. Any questions, please give me a call. Thank you <<ORD .AM END .ORD .94-59(9-06).doc>> <<ORD .AM EN D. ORD .94-59-second(9-06).doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Di Ilard@clerk.collier. fl. us) 9/15/2006 parlE 94-59 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday. Octo. ber 10, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, Naples. Florida, the Board of County Commissioners will consider the enact- ment of a County Ordi. nance. The meeting will commence at 9:00 A.M, The title of the pro. posed Ordinance is as follows: NAPLES DAILY NEWS Published Daily Naples. FL 34102 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN PAY. MENT/CLOSING COST ASSISTANCE PROGRAM. CODIFIED IN. CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF LAWS AND ORDI. NANCES, AND DERIVED FROM THE STATE HOUS. ING INITIATIVE PART. NERSHIP (S.H.I.P.), IN ORDER TO REFLECT AD. MINISTRATIVE PROCE. DURES; REQUIRE DIRECT PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE FOR CONFLICT AND SEVERA. BILlTY; PROVIDE FOR IN. CLUSION IN THE CODE OF LAWS AND ORDI. NANCES; AND PROVIDE FOR AN EFFECTIVE DATE. Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personally appeared Phil Lewis, who on oath says that they serve as the Editor of the Naples Daily. a daily newspaper published at Naples. in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a Copies of the proposed Ordinance are on file/' with the Clerk to the Board and are available. -for Inspection. All inter. I ested parties are invited to attend and be heard. NOTE: All persons wish. Ing to speak on any agenda item must regis. ter with the County ad. ministrator prior to pre. sentation of the agenda Item to be addressed. Individual speakers will be limited to S minutes on any item. The selec. tion of an individual to I speak on behalf of an organization or group is encOuraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphic materials included in the Board agenda pack. ets must submit said material a minimum of 3 weeks prior to the reo spective pUblic hearing. In any case, written ma. terials intended to be COnsidered by the Board shall be submitted to the appropriate County staff a minimum of sev. en days prior to the public hearing. All ma. terial used in presenta. j t10ns before the Board \/ill I become a perma- nent part of the record. Any person who decid- es to appeal a decision of the Board will need a record of the proceed. Ings pertaining thereto ana therefore, may need to ensure that a verba. tlm record of the pro. ceedings is made, which record includes the tes. tlmony and evidence ~~a~e';j'.hich the appeal BOARD OF COUNTY COMMISSIONERS WLgk15~ E R C 0 U N T Y , ~~~NK HALAS. CHAIR- DWIGHT E. BROCK, CLERK By: Is/Teresa Dillard, Deputy Clerk (SEAL) Sept. 29 No. 144S226 PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaperl time in the issue on. September. 291t 2006 .\fliant further says that the said Naples Daily News is a newspaper puhlished at J\:aples. in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida: distributed in Collier and Lee counties of Florida. each day and has been enkrcd as second class mail mailer at the post office in Naples. in said Collier County. Florida, f,)r a period of 1 Year next preceding the first puhlication of the allaehed copy of advertisement: and afIiant further says that he has neither paid nor promised any person. firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for pu ion in the said ne .. aper. Sworn to and subscribed before me This 2nd . day of October. 2006 -/ L~~d~x:? 1'....;,':_1;.., -"'~;"......"...l'<''lI><,..,.~ .~t".." .-- '. .~. ~ ~,. , \ F:', , ~l ,'.6' ii! "kt~ ...... "'~j ..,.~, ID1lID _ :;,\ Ja~ 111, 2IlO7 . ~- .. .,' -'.' "',:" ., ~j \J '", ,-., , ,'"..,. "'. ." d......",',,'..... wi 17E ORIGINAL DOCUMENTS CHECKLIST & ROUTING sur TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT.tof I:. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !fW: the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the .. ,,~ ;.~~ exception of the Chairman's signature draw a line through routing lines #1 through #4 complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. NOImally the primalY contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Fi Ison, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Lauren Beard Contact Agenda Date Item was 10-10-06 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Ordinance Number of Original Documents Attached 403-2338 17e Yes (Initial) N/ A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts; agreements, etc. that have been fully executed by aU parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_lO-lO-06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es if a licable. \jJ y' \ c.. \...'f::i \...,'t:> J:> \P 2. 3. 4. 5. 6. I: Forms! County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 J7E ORDINANCE NO. 2006-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND DERIVED FROM THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.), IN ORDER TO REFLECT ADMINISTRATIVE PROCEDURES; REQUIRE DIRECT PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and WHEREAS, Collier County implemented a Local Housing Assistance Program through the adoption of Ordinance No. 93-19, the "Collier County Housing Initiatives Partnership (SHIP) Program;" and WHEREAS, consistent with the Local Housing Assistance Plan, the Board of County Commissioners (Board) adopted Ordinance No. 94-59, the "Collier County SHIP Down Payment/Closing Cost Assistance Program;" and WHEREAS, the Board desires to amend the Down Payment/Closing Cost Assistance Program in order to reflect administrative procedures and require direct payment to the closing agent or owner so as to improve the Program's function and provide for better audit control. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Chapter 114, Article V, S.H.I.P. DOWN PAYMENT/CLOSING COSTS ASSIST ANCE PROGRAM GUIDELINES AND PROCEDURES, of the Code of Laws and Ordinances, is amended as follows: Sec. 114-93. Eligibility criteria; down payment/closing cost assistance. (a) Applicants will be recommended for this program through participating members of the Collier County Banking Partnership, banks, mortgage brokers, and other non-profit organizations committed to meeting the credit and housing needs of the entire community. Additionally, S.H.J.P. guidelines stipulate that the program and availability of funds be advertised in both newspapers of general circulation and periodicals serving ethnic and diverse backgrounds. (b) Applicants will be pre-screened by participating lenders in regards to total annual household income, credit history, and capacity to repay. Applicants will be asked to sign appropriate releases enabling the financial institution to provide such mortgage related Page I of7 Underlined text added; strike through text is deleted 17E information to the Collier County Department of Financial ,A1dministration Operational Support and Housing, hereinafter referred to as "Program Administrator". (c) Applicant eligibility. Applicants will be required to disclose the number of occupants expected to reside in the subsequent dwelling unit, as well as their anticipated gross annual incomes. Eligibility will be based on the following set limits for gross annual income based on median figures established in January of 2003 March of 2006, provided by the U.S. Department of Housing and Urban Development (HUD): I person. . . $39,100.00 2 persons. . . 11,650.0044,700.00 3 persons. . .50,250.00 4 persons. . . 55,850.00 5 persons. . . 60,300.00 6 persons. . . 61 ,750.00 64,800.00 7 persons. . .69,250.00 8 persons. . . 73,700.00 The above limits are reflective of the maximum income allowed; adjusted for family size, under the designation of low income household. These limits are subject to change on an annual basis. (d) Dwelling unit restrictions. This program is designed to assist in the purchase of single- family houses, duplexes, townhouses, attached villas, or condominium units only. The maximum sales price allowable will be $251,250.00 for existing homes and $251,250.00 for new construction, or the amount indicated in the Collier County LHAP, or as amended by the State of Florida S.H.I.P. regulations. Beneficiaries must claim the subject dwelling unit as their homestead. (e) First time homebuyer status. In order to qualify for the program, applicant(s) must not have owned a home for a minimum of the most recent three consecutive years. Verification of first time homebuyer status will be documented in the participant(s) permanent file. Sec. 114-94. Administration of down paymenUclosing cost assistance and rehabilitation/emergency repair. (a) The director of the county department of financial administration and housing shall be designated as the ~.r.rogram aAdministrator Director afffi. shall have the authority to sign all reports, transmittals, mortgage loan documents, and certifications regarding this program. (b) The county departmont of financial administration and h01:lsing Program Administrator will be responsible for the following administrative duties: (1) Advertisement in a publication of general circulation announcing the program and availability of funds. (2) Accepting applications, reservation forms, and all supporting documentation. (3) Verification of eligibility requirements for the program, and approval of applicants. (4) The maintaining of all required documentation and records of correspondence for each beneficiary in a permanent file. (5) The preparation of financial reports detailing S.H.I.P funds used, remaining availability of funds, and participating local financial institutions. (6) The coordination of efforts with the County's between the county's Financial ,\dministration and housing department, purchasing and finance departments, with the goal of being timely and efficient processing of all loan documentation and payments. Page 2 of7 Underlined text added; strike throl:lgll text is deleted 17E Sec. 114-95. Required documentation for down payment/closing cost assistance. (a) The following documentation will be required of all beneficiaries of this program. Documentation required for rehabilitation emergency repair assistance will be detailed in the following section. Packets will be available through the county department of operational support and housing Program Administrator and at local lending institutions. (I) Sales contract. A copy of the fully executed sales contract and loan application (Fannie Mac) will be required from the applicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales contract and application will be maintained in the borrower's permanent file. (2) Reservation form. Requests for reservation of funds will be made by the first mortgage lender through the use of this document. Information contained in the form relates to the borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mortgage lender to provide a completed copy of this form to the county department of operational support and housiflg Program Administrator in order to initiate the qualification process. A copy of the reservation form will be maintained in the borrower's permanent file. (3) Certification of financial institution. The officer of the financial institution underwriting the first mortgage loan will be required to execute this combined form before a notary public. The following information will be verified through the use of this form: a. That all information regarding the applicant is true and correct. b. The loan will conform to lending parameters as stated in the certification of participant form. c. That all loan funds will be applied to the required down payment/closing cost or rehabilitation repair, and that the borrower not receive any loan funds in cash. A copy of the combined certification of participant/certification of financial institution will be maintained in the borrower's permanent file. (4) Mortgagor's certification and past residence. Applicant(s) must not have owned any home for a minimum of three consecutive years in order to qualify as first time homebuyers. This document can be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the mortgagor's certification and past residence will be maintained in the borrower's permanent file. (5) s.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.J.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.J.P. income certification form will be maintained in the borrower's permanent file. (6) S.H.I.P. Homebuyer Education certificate. Each applicant must attend a S.H.J.P. four hour homebuyer education class prior to closing. A copy of the S.H.J.P. homebuyer education certificate will be maintained in the borrower's permanent file. (7) Promissory note. The promissory note will detail the loan agreement established between the borrower and the affordable housing trust fund, relating to the funds for down payment/closing cost assistance and rehabilitation/emergency repair. The note will include details of the loan including, but not limited to: a. Borrower's promise to pay; b. Interest and payments; c. Borrower's right to repay; d. Charges; e. Subordination; Page 3 of7 Underlined text added; strike throl:lgh text is deleted J, 7E f. Borrower's failure to pay as requested; g. Obligation of persons under this note; h. Waivers; 1. Uniform secured note. The original promissory note is to be maintained in the borrower's permanent file in the county's department of operational support and housing bv the Program Administrator, and a copy will be maintained on file in the county's finance department. (8) Second mortgage. The second mortgage will be used as the security instrument for the promissory note, and will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage will be maintained in the borrower's permanent file by the Program Administrator, in the Collier County Department of Operational Support and Housing. Payment of fees associated with the recording of this document will be the responsibility of the borrower. (9) Third party verification. Third party verification of income will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, or for formal verification of employment. The following sources of income will require formal third party verification by the financial institution underwriting the first mortgage loan: Including but not limited to, military payment, social security benefits, public assistance, pension and annuities, unemployment benefits, Veterans Administration benefits, educational assistance, income from business, recurring cash contributions, child support, and assets on deposit. This income verification information may be represented on either Collier County S.H.J.P. forms or other documentation supplied by the lender used for underwriting purposes. While formal, written third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number and address of the third party the conversation is conducted with. (10) Home Inspection. Purchasers of existing homes with a certificate of occupancy over 12 months old at the time of application will be required to have a home inspections completed by a licensed home inspection company. A copy of the home inspection will be maintained in the borrower's permanent file. (b) This income '/erificatioR information maybe represented OR either Collier COlmty S.H.I.P. forms or other documentation sepplied by the lender used for undenvriting purposes. \Vhile formal, y;ritten third party 'lerification is always preferable, a memorandum to the file documenting the conversation \vith the third party ..",ill be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with. Sec. 114-96. Rehabilitation/emergency repair; eligibility criteria. (a) In order to be considered, applicants must meet the eligibility criteria for the down payment/closing cost assistance portion of this program. (b) Only construction, rehabilitation or emergency repair of affordable housing which is a permanent improvement to the home, including but not limited to: repairs or improvements which are needed for safe sanitary habitation, correction of substantial code violations, the creation of additional living space, and installation, repair, or replacement of any major goods, particularly appliances will qualify under this program. Items deemed necessary on the home inspection report shall be completed prior to any additional repairs. (c) Purchasers of homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for rehabilitation/emergency repair under this program, but will be eligible for down payment/closing cost assistance loans of up to $50,000.00. Page 4 of 7 Underlined text added; strike tl'lrol:Igl'l text is deleted 17E (d) Rehabilitation/emergency repair loans will be limited to $2,500.00 per borrower. Sec. 114-97. Monitoring of rehabilitation/emergency repair work including goods purchases. (a) Information regarding the nature of the rehabilitation/emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. Abatement or correction of health and safety housing code violations are to be given priority over any rehabilitation work, addition of living space, or goods purchase. (b) For goods identified to be purchased, the borrower must submit a price quote to the county operational support and housing department Program Administrator for approval prior to purchase. This estimate is to be approved by the borrower and a representative fFem. of the operational support and housing department Program Administrator prior to purchase or delivery. Thereafter, the operational support and housing department Program Administrator may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior to verification by the department of operational support and hOl:lsing Program Administrator and inclusion of an itemized delivery slip or invoice from the approved goods supplier. (c) Rehabilitation/emergency repair work. (I) For rehabilitation/emergency repair work not requiring a building permit, the borrower has the option to either perform the rehabilitation work as an owner/builder, or to contract with a tradesman holding a certificate of a competency in Collier County in the specific trade corresponding to the type(s) of rehabilitation work be to performed. (2) For work requiring a building permit the borrower will be responsible for the selection of a Collier County or state licensed contractor who must perform the rehabilitation/emergency repair work. The contractor or tradesman who is selected must supply a detailed written estimate to the borrower. (3) Borrowers performing their own rehabilitation repair work must also submit a detailed cost estimate of materials to be purchased which must be approved by the county's department of operational support and housing prior to commencement of rehabilitation work. (4) A copy of the approved estimate will be maintained in the borrower's permanent file. Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman contractor. The county's department of operational support and housing Program Administrator will be provided with a copy of the signed contract and approved estimate for rehabilitation/emergency repair work, which will be maintained in the borrower's permanent file. (5) Upon completion, any work requiring a building permit to be performed will be inspected by the county permitting and review department. All work performed not requiring a building permit and not requiring an inspection by the county permitting and review department may be inspected by the operational sl:lpport U1'ld housing department Program Administrator to provide reasonable assurance that such work has been satisfactorily completed. (6) No funds will be disbursed prior to verification of satisfactory completion of rehabilitation/emergency repair work by the county's building and review department or operational support and hOl:lsing department Program Administrator and inclusion of final invoice from a material or goods supplier and/or contractor or tradesman submitted to the county's operational support and housing department. Page 5 of7 Underlined text added; strike tRrougR text is deleted l7E Sec. 114-98. Required documentation for rehabilitation/emergency repair including goods purchases. (a) The following documentation will be required of all participants eligible, for rehabilitation/emergency repair loans: (1) Contractor/tradesman's, or materials, or goods purchase estimate. All work that is to be performed must be listed on this form. A copy of the approved estimate will be maintained in the borrower's permanent file. This form must be delivered to the a representative of the county's department of operational support and housing Program Administrator prior to the commencement of any rehabilitation/emergency repair work. Rehabilitation/emergency repair loans under this program will be made up to a maximum of $2,500.00. (2) Physical inspection. A copy of all required physical inspections conducted by the county permitting and review department, or operational Sl:lpport and housing department Program Administrator will be maintained in the borrower's permanent file. (3) Second mortgage. As described in the section detailing documentation required for down payment/closing cost assistance, the second mortgage will be used to secure the promissory notes-. The second mortgage will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage or evidence the second mortgage was recorded will be maintained in the borrower's permanent file. Fees associated with the recording of this document are to be paid by the borrower. Sec. 114-99. Procedure of loan closings and the disbursement of funds. (a) The lender underwriting the first mortgage will make a formal request for the reservation of S.H.J.P. funds by contacting the Program Administrator county departmcnt of financial administration and housing. Reservation requests should be made a minimum of 30 days prior to the contract closing date, and substantiated through the use of the reservation form detailed in the section describing required documentation S.H.I.P. application. At this point, funds will be reserved, and the applicant will be assigned a file number. It will be asked that all completed program documentation be provided for the purposes of verifying the applicant's eligibility, and to initiate the disbursement process. (b) The Program Administrator county purchasing department will be notified of the request for funds through a requisition, and a separate purchase order will be issued for each borrower or a direct pay check request. Loan funds for down payment/closing cost assistance will be issued in the form of ~ two payee checks, payable to the borrower/closing agent. Receipt of these funds will be verified by the closing agent, and further evidenced on the formal settlement statement, a copy of which will be maintained in the borrower's permanent file. Copies of all down payment assistance checks issued are to be kept in the borrower's permanent file. Funds disbursed for rehabilitation/emergency repair will be disbursed to the contractor, tradesman, or business establishment, or homeowner through a separate purchase order or a direct pay request only after submission of the invoice and a satisfactory inspection report, if required. (c) A representative of the Program Administrator county's department of financial administration and housing will be present at loan closings whenever possible. The representative will verify that all mortgage and supporting documents have been executed properly, and that the second mortgage be recorded by the Collier County Clerk of the Circuit Court. The recorded second mortgage or evidence of recording will then be kept on file ffi Qy the Program Administrator county's department of financial administration and housing. The completed borrower's file will contain copies of all documentation received from the first mortgage lender in addition to the S.H.J.P. funds provided by this program, for the purposes of establishing a complete audit trail. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the Page 6 of7 Underlined text added; strike throMgh text is deleted 17E more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this \D'\\r, day of C)c \~\:....{" - , 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 'A~ ~r;). ~;. . . t~ ~'. t':f'j / """ Approved ~'to~ffi~ and egal uf iciency: ~~/;;;J:::? -/ FRANK HALAS, Chairman By: latzkow ssistant County Attorney Item # {i-'E ~;~~da ( O(~jrp Date (0 t alp . 'd -. 1 Page 7 of7 Underlined text added; strike throl:lgh text is deleted ~",-"""""",',r~"""'__...J1 17E 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 2006-45 Which was adopted by the Board of County Commissioners on the 10th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: ~ ~O~/ Ann JennQohncr Deputy Clerk 09/18/2005 08:30 239(;'435'3C;8 COLl_IER Cry ZO~,m1G PAGE 02/03 17F COLLIER COUNTY FLORIDA RE.:QTJEST FOR LEGAL ADVERnSING OF PUBLIC HEARINGS To: Clerk to the Board: Please plaee the following as a: xxx Normal Legal Advertisement Othtr; (Display Adv" location. etc.) *.~*..~**..***.~~*.....~.****....~+******....***.*.~.****** 6 Land Trust Operations Office. .Tones Pitt Or~ginatit:lg Deptl Div: Cornm.D~v,Serv.IPlannUlgPerson: Melissa Zo Petition No. (If non,e, give brief descriptiCJn): SE.2006-AR-I028 . S Petitioner: (Name & Addres5):Roetttl &. Andress, It Bruce Anderson, Esq" 850 Park Shore Drive, 3rd Floor, Naples, Fi. 34103 Name & Address of any person(s) to be notified by Clerk's Offlce: (If more space is needed, attach separate sheet) Don Barber, 3606 Enterprise Ave., Naples, FL 341 0 I Hearing before Bee 8ZA Other IOIJOI9~ Based On advertisement appearing 1 S days before hearing. Reqtlestc:d Hearing date: Newspaper(s) to be used: (Complete onl)' if important). XXX Naples Daily News Other Legally Required Proposed Te:llt: (Indl.lde legal desC'riptlon & ~ommon location & Size): Petition: SE-2006-AR-I0283, A Resolution to supersede and replace Resolution 2006-157 to refle.:t the correct l!!Jgal description Il!'ld correiA zoning fer the subject property located in all of Section 35 and 36, Township 47 South, Range 27 Bast, and a,I1 of Section 1 and 2, Towm6ip 48 South, Range 2 7 Eas~, Less Road Right-ot.Way fOT County Road 846 Ommokaiee Road), Collier County, Florida. CO"llpanion petitiQ;n()), it any & proposed hearing dtite; Doe5 Petition Fee include advertising cost? Yes I J )-138312-649110 No If Yes, what aCCOUll.t should be charged for advertising costs: A pproved b)' De ent Head 09/llt-Su...so-" ~rm.y List Attachments: ' , ~ , ? 0' Date COW'll)' Manaier Date ))ISTRIBUTlQN INSiRUCTION~ A. For bearings before B<:C (Ir BZA: Initiating person to complete one copy and ootain Di"ision Held approval before submitting to Ct)unty Manage\". l"ote: If legal dotument is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney bdore submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Reque~tjng Division Original Clerk's Office B. Other het:rings; hitiatlng Division head to app~'ove arJd submit origiru!ll to Clerk's Office, rctaimng a copy for file, *****-~*~.**.***.******.*~*"*********W*~*~*k.*wW***~+*~..ww**~***.~*www*~*w~~********.**.~.~ FOR CLERK'S OFFlCE USE ONLY: Date RoKched: q If tt IO~ Date of Public hearing: jQfi.olt;f, Dale Advertised: .g, ~L({Elo ( 09/13/2005 08: 30 ~'J354359;3 CIlLIER (.F ::m~:NG PAGE 03 . en RESOLCTIO!\ NO. 06- A RESOLUTION OF THE BOARD OF ZONlNG APPEALS. AMEJ\'DNG RESOLUTION NO, Oti.\Si, IN ORDER TO CORRECT SCRIVENER'S ERRORS rN THE LEGAL DESCRIPTION A[-.JD ZONING CLASSlF'lCATION FOR PROPERTY . PREVlOUSL Y APPROVED FOR A COt'i"DTI'JONAL USE. WHEREAS, 1m .TuDe 20, 2006, tl1e Board of Zoning Appeals adopted Resolu:ion No. 06-157. cst3bli~Jjl1g " conditional use f\lt ea~h mining activities, with exc,wation of fjr matcmu, pLlTsuant to Secti.on lOJ)203 of the Collier County umd Development Code; and WHEREAS,:ollowing adoption of Resolution 'Ko 06.157. staff detcrmined that the I.cgal descrlption and zoning classificatiDn attached to the Resolution did not contain provisions tlla! were o!',erWlse intended and made a part ('Jf ~he pulJlic hearing anu, therefore, their omission c(mstitutcs a 5criven::-r's errer. NOW, THEREFORE, BE rr RES,OLVED BY 'i'lfE BOARD OF ZOl'1ING APPEALS OF COLLIER COL'1\1TY, FLORIDA, th31 Resohrdon No, 06-157 is amended liS follows: (Qnde:rlilwt)l'x! added; ffl'jke t)m~~gh text is deleted) I. .4.11 ref('.rences to the legal description of the sub,iect prop~ny ~har reac): ",~ll of Sec:ion:; 35 and 36, Township 47 South, Range 27 East, lilld 31) of Sectiol'S I iirui2. TownsJ:dp 48 S,)tlth, Ranu..27 Eest, Jess road ri~fll-of-way for COlin I:\.' Road 846 Clrnmokalee Ro~d), Collier County, Florida" 2. A;l refcreflces to the zoning cla.~ificat:on of the subject propelty shalI read: ". , . Agriculture fAr-Mobile Home_.QverJav (A-MHOI Zoring District. . . .. BE IT FURTHER RESOLVED that this Resolution shlllllJe recorded in the minutes of this 8oara, 'Th.is Resolution adopted after motion, second, and m~iorltY'Vote favoring slime this _____ day of ___,2006. ATTEST: .DWIGHT E. BROCK, Clerk BOARD OF ZONlNG APPEALS OF COLLIER COUNTY, FLORIDA By: __~------ , Deput:;: Clerk By: FRANK HAL.!'\S, Chairman - 17F 09/13/2000 08:30 -::3%435958 COLLIER CTf ZOt~UjG PAGE 01/03 17F Departm6:nt of7..oning &. Land Development Review 2800 North Horseshoe Drive: Naples, Florida 34104 (239)403-2400 Fax: (239)643-6968 or (239)213-2916 Fax ~~s}~ Fax: 1iJd,- ~~'O cg From; ~-~~ 3J~O(.__ _ 3 Da te: Phone: Pages: Re: SE- b b - A R _ 1 07... B :3 ()t..J. ~ ~ - ~lJi+ cc: [' Urgent IJ For Review ::J Please Comment o Please Reply [JPlease Recycle Comments: 17F September 18, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2006-AR-I0283; SR-846 LAND TRUST OPERATIONS OFFICE- JONES PITT Dear Legals: Please advertise the above referenced petition on Sunday, September 24, 2006 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Teresa Dillard, Deputy Clerk P.O. Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER RESOLUTION 171 Notice is hereby given that on Tuesday, October 10, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. PETITION: SE-2006-AR-10283, A RESOLUTION TO SUPERSEDE AND REPLACE RESOLUTION 2006-157 TO REFLECT THE CORRECT LEGAL DESCRIPTION AND CORRECT ZONING FOR THE SUBJECT PROPERTY LOCATED IN ALL OF SECTION 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk ( SEAL) 17F" Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds September 18, 2006 Roetzel & Andress, R. Bruce Anderson, Esq. 850 Park Shore Drive, 3rd Floor Naples, FL 34103 Re: Notice of Public Hearing to consider Petition SE-2006-AR-I0283; SR-846 Land Trust Operations Office - Jones Pitt Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ '\] wp-~Q>U!f k ~esa Dillard, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.n.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.n.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17F Clerk of Courts Accountant Auditor Custodian of County Funds September 18, 2006 Don Barber 3606 Enterprise Ave. Naples, FL 34101 Re: Notice of Public Hearing to consider Petition SE-2006-AR-10283; SR-846 Land Trust Operations Office - Jones Pitt Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 10, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 24, 2006. You are invited to attend this public hearing. Sincerely, Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.n.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.n.us 17F Teresa L. Dillard To: Subject: legals@naplesnews.com SE-2006-AR-10283, SR-846 Land Trust Operations Office Attachments: SE-2006-AR-10283.doc; SE-2006-AR-10283.doc.dot Legals, Please advertise the following on Sunday, September 24, 2006. Any questions please give me a call. Thank you SE-2006-AR-10283. SE-2006-AR-10283. doc (27 KB) doc.dot (29 K... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Dillard@clerk.collier.fl.us) 1 Teresa L. Dillard 17F From: Sent: To: Subject: Clerk Postmaster Tuesday, September 19, 2006 3:11 PM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT603329.txt; SE-2006-AR-10283, SR-846 Land Trust Operations Office 1!:1 t;;J r:::-../:-...l U ATT603329.txt 5E-2006-AR-10283, (231 B) SR-846 Land ... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ;~. Teresa L. Dillard .s:'_ t, From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, September 19, 2006 3:11 PM Teresa L. Dillard Delivered: SE-2006-AR-10283, SR-846 Land Trust Operations Office Attachments: SE-2006-AR-10283, SR-846 Land Trust Operations Office r:-.:-?71 L:::J 5E-2006-AR-10283, SR-846 Land ... <<SE-2006-AR-10283, SR-846 Land Trust Operations Office>> Your message To: legals@naplesnews.com Subject: SE-2006-AR-10283, SR-846 Land Trust Operations Office Sent: Tue, 19 Sep 2006 15:09:49 -0400 was delivered to the following recipient(s): legals, NDN on Tue, 19 Sep 2006 15:11:10 -0400 1 SE-2006-AR-10283. SR-846 Land Trust Operations Office Teresa L. Dillard Page 1 of 1 17F From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, September 19, 2006 3:21 PM To: Teresa L. Dillard Subject: RE: SE-2006-AR-10283, SR-846 Land Trust Operations Office OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us] Sent: Tuesday, September 19, 2006 3:10 PM To: legals@naplesnews.com Subject: SE-2006-AR-10283, SR-846 Land Trust Operations Office Legals, Please advertise the following on Sunday, September 24,2006. Any questions please give me a call. Thank you <<SE-2006-AR-10283.doc>> <<SE-2006-AR-10283.doc.dot>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa.Dillard@clerk.collier. fl. us) 9/19/2006 NAPLES DAILY NEWS Published Daily Naples. FL 3-l1 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personally appeared Phil Lewis. who on oath says that they serve as the Editor of the Naples Daily. a daily newspaper published at Naples. in Collier County. Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTiCE in the matter of PUBLIC NOTiCE was published in said newspaper I time in the issue on. September 24th 2()()6 Amant further says that the said 1\apks Daily ~ews is a newspaper punlished at Naples. in said Collier County. Florida. and that the said newspaper has heretofore neen continuously punlished in said Collier County. Florida~ distributed in Collier and Lee counties of !'lot'ida. each day and has bcen entered as second class mail matkr at the post oftiee in ~aples. in said Collier County. Florida. for a period of I year ne:-1 preceding the first punlieation ofthc attached copy of advcrtisement: and amant further savs that he has neither paid nor promised any person, firm or corporation anY discount renate. commission l)r refund f()r the purpose of securing this advertisement f()r pu . a ) in the said ne aper. Sworn to and subscribed before me This 2-l11, . day of September. 20()() / ~y C:.,--::' ,,-...~:k.? (Signatur . "<::',....,.!<.fiAo:.:t~~'. ''! liv' ~;~?J ~"'." '1(;lt'.~ , <... ysw. ,~- :3, 2001 '$.#.tl~~ V ...., . , ~, ~, .y"" l' "i J ~. <1 ;f" SE'2OOfI-AA-1O~.., : NOTICE Of' T . l CONSIDER~ . .... Notice ..IS h,rebY given that on Tuesttay. Octo. ber 8 Inll:hll4ual spellkel'$ will be limited... t to on any 1Ulm. - tlon of an In AI to speak on';be of an organlzatlorl Of ~p Is ~rz~~U~g=.. ~~:~: aspokes,erselln for- a ~~u~ o~II="t'~~f:' ,<utes to speak on .n Item, Persons wlShJf!rin to have written... ; Ie mater.als Inclu. In the Board agenda pack- ets must submit Htd =tf:.lp~I~l>fe~ 'SIP JIIfl. n lln . ma- terl.. .be consl shallb. i to the approp' ate Ollnty staff a minimum of sev- en days prior to the r:"c hearing. All ma- tl.n~j.'1:rrt~d will become a perm.- OInt part ofthe repord. Any perSC)n.whOdtcltt- ~.~=I'~ record oftbe 1)I:-.c!- :::,~s J;~&:.~'~.= to enSul'ettiat .. verDa- tlm r!lCOrd2.U.!' e.' pro- ~:~.J1Ud;"'~~~~ . tlmony' .nct'.vlifertce 11~~~ICI1 ~appeal !~~,~~",~rf.t()UftTV C'tll.'ill'1'. COUNTY . ~~'f.it'KA~As" C.tA1R' MAN ,.. ..... . DWIGHT E. BIOCt<. CLEflK. ," . 8~. Tertia DIlllll'Cl... '..Dep' . u Clerk ' (9 ) SeDt. 24 NQ.14ol6l104 17F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excePtion of the Chairman's signature, draw a line througb routing lines # I through #4, complete the checklist, and forward to Sue Filson (line # 5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Connie Johnson CDES Administration 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infomlation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item.) Name of Primary Staff Melissa Zone Phone Number 213-2958 Contact Agenda Date Item was 10/1 0/2006 Agenda Item Number /7r Approved by the BCC Type of Document Resolution, Conditions of Approval, Legal Number of Original / Attached Description & Findings of Fact Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing s9P". should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. / . Some documents are time sensitive and require forwarding to Tallahassee within a ce . time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on itl It- f')~ (enter date) and all changes/ made during the meeting have been incorporated in the attached document. The . Count Attorne 's Office has reviewed the chao es, if a Iicable. N/A (Not A licable) Yes (Initial) 2. 3. 4. 5. 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, ~\, MEMORANDUM Date: October 12, 2006 To: Melissa Zone, Principal Planner Zoning and Land Development From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Resolution 2006-264 Enclosed, please find a copy of the document referenced above, (Agenda Item #17F), which was adopted by the Board of County Commissioners on Tuesday, October 10, 2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure RESOLUTION NO. 06- 264 A RESOLUTION OF THE BOARD OF ZONING APPEALS, AMENDING RESOLUTION NO. 06-157, IN ORDER TO CORRECT SCRIVENER'S ERRORS IN THE LEGAL DESCRIPTION AND ZONING CLASSIFICATION FOR PROPERTY PREVIOUSLY APPROVED FOR A CONDITIONAL USE. WHEREAS, on June 20, 2006, the Board of Zoning Appeals adopted Resolution No. 06-157, establishing a conditional use for earth mining activities, with excavation of fill material, pursuant to Section 10.02.03 of the Collier County Land Development Code; and WHEREAS, following adoption of Resolution No. 06-157, staff determined that the legal description and zoning classification attached to the Resolution did not contain provisions that were otherwise intended and made a part of the public hearing and, therefore, their omission constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Resolution No. 06-157 is amended as follows: (Underlined text added; strike through text is deleted) 1. All references to the legal description of the subject property shall read: "All of Sections 35 and 36, Township 47 South, Range 27 East>. and all of Sections 1 and 2. Township 48 South. Range 27 East. less road right-of-wav for County Road 846 (lmmokalee Road). Collier County, Florida" 2. All references to the zoning classification of the subject property shall read: ". . . Agriculture fAt-:Mobile Home Overlay (A-MHO) Zoning District. . . " BE IT FURTHER RESOLVED that this Resolution shall be recorded in the minutes of this Board. This Resolution adopted after motion, second, and majority-vote favoring same this fl C' . I () day of~tokJt'r ,2006. ATTEST: DWI<{HT B\rl3ROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA 4)b B~-2~ FRANK HALAS, Chairman 1:tF- JO/lO 100 ! .DII~/60: -,A .17G COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement XX 0 Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/ Div: County Attorney Person: David C. Weigel Date: September 25,2006 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC XX BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. October 10,2006 Newspaper(s) to be used: (Complete only if important): XX Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS, TO INCREASE THE MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS, EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1 THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHER AMENDING SECTION 1.6.2.11 STRIKING THE EXCLUSION OF LIQUID PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.25, TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; FURTHR AMENDING SECTION 1.6.3.48 TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING MISSING LANGUAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY LICENSES; ADDING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED BY CONTRACTORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR ADMINISTRATIVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE ADMINISTRA TlVE FEE FOR COMPLAINANTS; AMENDING SECTION 4.3.5.1.(0, INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes III No 0 If Yes, what account should be charged for advertising costs: 113-138912-654110 N. ary Date q.... 2/;-01:, Assistant County Attorney Rev;ewed by ./fh1 f./ (lJJ)" r J David C. Weigel Date q J 2h) cb ".fY County Attorney List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17G ORDINANCE NO. 2006-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS, TO INCREASE THE MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS, EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1 THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHER AMENDING SECTION 1.6.2.11 STRIKING THE EXCLUSION OF LIQUID PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.2~ ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS 'LICENSE; FUR~MENDING SECTION 1.6.3.48 TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING MISSING LANGUAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY LICENSES; ADDING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED BY CONTRACTORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR ADMINISTRA TIVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE ADMINISTRATIVE FEE FOR(COMPLAIN~NTS~ AMENDING SECTION 4.3.5.1.(0, INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain provisions of this Ordinance are being amended at the discretion of the Board of County Commissions upon recommendations from staff, area contractors and the general public, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 1.1. Unlawful to Contract without a Certificate of Competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples and within the City of Marco Island, without having first made application for and having been issued a current and valid Collier County/City Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if -1- Words underlined are added; words struck through are deleted. l?G such employees are employed by a licensed contractor who exercises supervision and control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance, 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. The provisions of this Ordinance shall not apply to owners of property when acting as their own contractor and providing all material supervision themsel'o'es, when building or improving farm outbuildings or one family or t'....o family residences or building or improving commercial buildings at a cost not to exceed $25,000, on such property for the occupancy or uso of such ownors and not offered for sale or loewe. In all actions brought under Soction 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or loase, of a structure by the ovmer builder '.vithin 12 months after issuance of a Certificate of Occupancy is prima facie evidence that the construction '.vas undertaken for purposes of sale or lease. This does not exempt any person '."ho is employed by such owner and who acts in the capacity of a contractor, This exemption does not apply to any type of commercial building. To qualify for exemption under this Subsection, an o'.vner must personally appear and sign the building permit application. ,,\n ovmer builder \vill be issued a maximum of one (1) owner builder permit for the construction of a one family or t\VO family home in any three (3) year period. ,,\n owner builder applying for or receiving marc than one Building Permit for the construction of a one family or two family home in any three (3) year period shull be prima facie evidence of building/contracting \vithout a license which is a violation of this ordinance. direct, onsite supervision themselves of all work not performed by licensed contractors: ea) When building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $75,000, on such property for the occupancy or use of such owners and not offered for sale or lease. In an action 2 Words struck through are deleted; words underlined are added. 17G brought under this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. (b) When repairing or replacing wood shakes or asphalt or fiberglass shingles on one- family, two-family, or three-family residences for the occupancy or use of such owner or tenant of the owner and not offered for sale within 1 year after completion of the work and when the property has been damaged by natural causes from an event recognized as an emergency situation designated by executive order issued by the Governor declaring the existence of a state of emergency as a result and consequence of a serious threat posed to the public health, safety, and property in this state. This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor. The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is registered or certified by the State or is licensed by Collier County and the work being performed in within the scope of that person's license. For the purposes of this subsection, the term "owners of property " includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section. If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued. The local permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions even though you do not have a license. You must provide direct, onsite supervision of the construction yourself. You may build or improve a one- family or two-family residence or a farm outbuilding. You may also build or improve a commercial building, provided your costs do not exceed $75,000. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or 3 Words struck through are deleted; words underlined are added. .17G lease. If you sell or lease a buildin? you have built or substantially improved yourself within 1 year after the construction is complete, the law will presume that you built or substantially improved it for sale or le_ase, which is a violation of this exemption. You may not hire an unlicensed person to act as your contractor or to supervise people working on your buildin? It is your responsibility to make sure that people employed by you have licenses required by the state law and by county or municipallicensin? ordinances. You may not dele?ate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work bein? done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct F.IC.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. An owner-builder will be issued a maXImum of one (1) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An owner-builder applying: for or receiving more than one Buildin? Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license which is a violation of this ordinance. 1.3.2. Public Works. The proVISIOns of this Ordinance shall not apply to: aHj' construction, alteration, impro','ement, or repair carried on v,'ithin the limits of any site the title to ..",hich is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee docs not hold himself out for hire or othonvise engage in contracting except in accordanco \vith his employment. an authorized employee of the United States, this state, or any municipality, county, irrigation district, reclamation district, or any other municipal or political subdivision, except school boards, state university boards of trustees, and community college boards of trustees, unless for the purpose of performing routine maintenance or repair or construction not exceedin? $200,000 to existing installations, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment. If the construction, remodeling, or improvement exceeds $200,000, school boards, state university boards of trustees, and community college boards of trustees shall not divide the proiect into separate components for the purpose of evadin? this section. 1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a 4 Words struck through are deleted; words underlined are added. 17G Collier County/City Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his/her designee with the following: A. Evidence of insurance as required by this Ordinance. B, A current Collier County and/or City occupational license, as applicable. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight on September 30th of each year shall have until midnight December 31st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his/her Certificate of Competency by September 30 of the year following its expiration, but after December 31 of that year, shall have a suspended Certificate and thereby must pay an additional late fee in_accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply injull including updated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must pay the then applicable full application fee in accordance with the schedule of fees and 5 Words struck through are deleted; words underlined are added. 17G charges adopted by Resolution pursuant to Section 2.1,5 herein, and must submit an entire new application. If, as of the date of receipt by the County of said new application, three (3) years have passed since the date of his/her most recent examination that the individual passed to acquire the former Certificate, that individual must pass all then applicable testing requirements. If the request is to reactivate a dormant certificate, the re-testing requirement can be waived by staff if the applicant proves that he/she has been active in the trade in another jurisdiction, or has been active as an inspector or investigator in the trade, or for other valid reason that would render such re-testing superfluous. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. 1.6.1.1. General Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour an approved test and a t..vo (2) hour business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance or in the Florida Statutes. NOTE: Also see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour an approved test and a t'NO (2) hour business and law test and means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 6 Words stfHck through are deleted; words underlined are added. 7G 1.6.1.3. Residential Contractor reqUIres forty-eight (48) months expenence with a passing grade on a six (6) hour an approved test and a two (2) hour business and law test and means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. NOTE: Also see Sect. 1.6.2. 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of utility lines from the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains, and the continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months expenence and a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business 7 Words struck tBrough are deleted; words underlined are added. 1i 7 G and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. This definition and qualifications does not include roofing. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on a six (6) hour an approved test and a passing grade on a tv.'O (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct 8 Words struck through are deleted; words underlined are added. .17G connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a t\VO (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose services are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in anyone system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the 9 Words struck through are deleted; words underlined are added. 17G contractor as is necessary to make complete an air distribution system being installed under this classification; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he/she is servicing, which may include duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) hour an approved test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of 10 Words struek through are deleted; words underlined are added. 1 ?G all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t\'.'o (2) hour business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines, The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a t'.','o (2) hour business and law test and means any person whose scope of work is limited to the construction of non-recreational ponds, waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines, or to any electrical installation. 1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months experience with a passing grade on a three (3) hour an approved test and a passing grade on a tv/o (2) hour 11 Words struck through are deleted; words underlined are added. 17G' business and law test and means a contractor whose scope of work involves, but is not limited to, the repair and servicing of any swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of any repair or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24) months experience with a passing grade on a t\VO (2) hour business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool, hot tub or spa, and, subject to Section 487.0437, Florida Statutes, may include direct infusion of chlorine gas. These contractors may disassemble equipment permanently attached to or associated with the respective pool or spa for the purpose of water treatment or cleaning the pool or spa. 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour an approved test, and means those qualified to perform work in the plumbing trades while employed or supervised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A 12 Words struck through are deleted; words underlined are added. 17G plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; inigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable, The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. _Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour an approved test, and means those persons qualified to perform work in the electrical trades while employed or supervised by an electrical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the electrical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, Florida Statutes. 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a tv~'o (2) hour business and law test and means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways (including alarm system raceways if the contractor is then registered with the State), conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or 13 Words struck through are deleted; words underlined are added. 17G implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. A vail able categories of Specialty Contractors and their requirements are: 1.6.3.1. Acoustical Contractor requires twenty-four (24) months expenence with a passing grade on a t\'/o (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including luminous ceiling panels. 1.6.3.2. Aluminum Contractor Including Concrete reqUIres twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish non-structural concrete on grade only, incidental to an aluminum accessory structure and or screen enclosures. 1.6.3.3. Aluminum Contractor reqUIres twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, screen enclosures, and portable metal or vinyl partitions. 1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t\',o (2) hour business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to layout, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. 14 Words struck through are deleted; words underlined are added. "7.... G' l . .j?>~; a. Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. b. Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. d, Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a t..\'o (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing grade on a throo (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a tviO (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor reqUIres thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and 15 Words struck through are deleted; words underlined are added. llG shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a fwe (2) hour business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) reqUIres twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t"vo (2) hour business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a t.....,o (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t.....o (2) hour business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim and shall include the placement of fire safing and fire stopping materials as part of the overall drywall contract. 16 Words struck through are deleted; words underlined are added. 178 1.6.3.16. Hurricane Shutter/Awning Contractor reqUIres twenty-four (24) months experience with a passing grade on a one (1) hour an approved hurricane shutter installer test and a passing grade on a tv,'o (2) hour business and law test, and means, those who are qualified to install, maintain, repair or replace shutters and awnings that are designed to protect residential and commercial buildings from hurricane and storm force winds and windbome debris all in accordance with Collier County amendments to the Applicable Building Code, as amended from time to time. Any electrical work connected with the installation of the shutters or awnings must be done by a licensed electrical contractor. Only non structural adjustments to existing openings may be performed as part of the work. Contractors who hold current Collier County Aluminum Contractor Including Concrete or Aluminum license on the effective date of this amendment are not required to pass this test, but must apply for this Certificate not later than one (1) year from the effecti ve date of this amendment. 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a passing grade on a tv\'o (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour an approved test and a passing grade on a tv,'o (2) hour business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience installing the specific product and a passing grade on a two (2) hour an approved business and law test and means any person who is qualified to install carpet, sheet vinyl andLor all types of wood flooring. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to install, maintain, repair, 17 Words struck through are deleted; words underlined are added. .~ 76 ,1.( ... ~ alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The scope of work shall include the installation of hurricane shutters or devices that are integral with the window system. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a t'NO (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, sprayed-on fire resistive materials, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a tvvo (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. All new applicants applying for landscaping license are required to obtain a passing grade on an approved exam pertaining to pruning and safety, in addition to the business and law exam. 18 Words strl:lck through are deleted; words underlined are added. 17G 1.6.3.26. Liquefied Petroleum Gas Installation Contractqr means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test, and means those who are qualified to build and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. Paving Blocks Contractor. Requires twenty-four (24) months experience in the respective construction plus a passing grade on a three (3) hour an approved test and a passing grade on a t"vo (2) hour business and law test, and means those persons who are qualified to construct driveways, sidewalks, patios and decks, using concrete paving units. 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passmg grade on a throe (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) ~ business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means those who are qualified to coat surfaces, including lathing and drywall, with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating. This category does not include the plastering of the interior of a pool. 19 Words struck through are deleted; words underlined are added. J. 7.,.~" I ' I ~ \..... 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License, A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requIres thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor reqUIres twenty-four (24) months experience, a passing grade on a tV/O (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a tv.'O (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor reqUIres twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios, The scope of work shall include asphalt patching incidental to sealing up to twenty (20) square feet per patch in a manner that does not use a mechanical spreader or paver. 1.6.3.39. Exterior Covering by Artificial Stucco System Contractor. Applicable to exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry stock block wall systems whenever the specific system requires its own certification (approval) of the installer. EIFS includes, but is not limited to, the following registered trademarks/tradenames: SUREW ALL, DRYVIT, PAREX EIFS, Vitricon energix, Senergy systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The applicant must prove then current approval from an authorized representative of the specific system and must have a passing grade on a two (2) hour business and law exam. 20 Words struck through are deleted; words underlined are added. 1, ""'., tL 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non-electrical sign, provided all work is performed in accordance with applicable Collier County and City ordinances. This category does not include the construction of free-standing structural signs, 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a throe (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a tVl'O (2) fl.etlf business and law test, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a t'.'lO (2) hour business and law test, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) fl.etlf business and law test, and means those persons who are qualified to set tile, marble and stone. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a 21 Words struck tHrough are deleted; words underlined are added. l? tv.'o (2) hour business and law test and means those persons who are qualified to mix, prepare, , and finish terrazzo, prepare the base, and set tile, marble and stone. 1.6.3.47. Underground Utility and Excavation Contractor reqUlres forty-eight (48) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a tv,'o (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, whether accomplished through open excavation or other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, routing, and slip lining of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. These contractors may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than two (2) inches in diameter, provided the conduit system is designed by a licensed professional engineer or by an authorized employee of a municipality, county, or public utility, and installation of such conduit shall not include installation of any conductor wiring or any connection to any energized electrical system. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively for such system. 1.6.3.48. Tree Removal and Trimming Contractor reqUlres twelve (12) months experience with a passing grade on a t',VO (2) hour business and law test and means those who are qualified to trim and remove trees and stumps. All new aPt>1icants applying: for tree service license are required to obtain a passing grade on an approved exam pertaining to tree pruning and safety, in addition to the business and law exam. 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in 22 Words struck through are deleted; words underlined are added. 1 rG contracting except as an employee. For the purposes of this Ordinance, indicia of an employment relationship shall include the employer's regular payment of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or_business entity has any legal or equitable interest, if the_services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which hejs connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit and for financial matters, both for the organization and in general and for each specific job; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.6.10. "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.7. Stop-Work Orders. If it should become known to the Contractor Licensing Supervisor that a construction project andJor contracting in Collier County or the City is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order 23 Words struck through are deleted; words underlined are added. Ill. W .. I:' on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any uncertified and nonexempt person resuming construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requirements. As a prerequisite to, and as a requirement for, the issuance of a Collier County/City Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. c. Journeymen's experience shall be as apprentices or trainees.. having completed an apprenticeship program registered with the Department of Labor and Employment Security and_demonstrates 4 years verifiable practical experience in those particular trades, or demonstrates 6 years verifiable practical experience in those particular trades, except as may be authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor, Employment and Training of the Department of Labor and Employment Security, which are hereby incorporated by reference as the required apprentice experience. 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supervisor or his/her designee shall consider the following forms of proof of experience: a. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Affidavits from any building director in locations where the applicant has worked; d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the applicant has made application; e. Affidavits from any other source within the trade applied for. 1.8.2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 24 Words struck through are deleted; words underlined are added. 1'" .....7G 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance, 2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance, It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City's Building and Zoning Division (Department), and the resolution establishing such fees shall be on file with the City's Clerk and the Clerk to the Board, The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 25 Words struck through are deleted; words underlined are added. 7G 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; 2.2.7. Type of Certificate of Competency for which application is being made; 2.2.8. A complete list of all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with all requirements and responsibilities contained in Sections 489,119 and 489.1195, Florida Statutes. 26 Words struck through are deleted; words underlined are added. '~1,. rM<;:~;' r"~ i I U Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the business organization; 2.3.12. Qualifier information: a. The name of the qualifying agent and date of birth; b. The name of the business organization to be qualified; c. Type of Certificate of Competency for which application is made; d. The home address of the qualifying agent; e. The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City Certificate of Competency has been made; 27 Words struck through are deleted; words underlined are added. ti.~;"'. '..'. i'1. ii "l::b h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; 1. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; J. A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; 1. Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business organization. Proof that a qualifying agent is legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. a. b. c. d. made; e. The name of the applicant and date of birth; Home address and telephone number; Business address and telephone number; Type of Certificate of Competency for which application is being The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training In the trade categories for which application is made for a competency card. 2.5. Standards for the Issuance or Denial of a Certificate of Competency. 2.5.1. Contractors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicant, that: 28 Words struck through are deleted; words underlined are added. a. The application is complete in accordance with the requirements of this Ordinance; b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and 1. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. Referral of Application to Contractors' Licensing Board for Decision. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 29 Words struok through are deleted; words underlined are added. ~ f"'t,. f li 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2.5.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City and in Collier County; 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this Section shall be grounds for discipline as provided for in Section 4.3 of this Ordinance. 2.6. Approved Examiners. The approved examiners for the purpose of administering proctored exams as required by this Ordinance are is "Experior", 2100 N. 'N. 53ft! Avenue, Gainesville, Florida, 32653, and any etflet: testing agency with comparable testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except when the most recent relevant examination was taken and passed within three (3) years of the date of receipt of the new application, pursuant to Chapter 489, Florida Statutes. 30 Words struck through are deleted; words underlined are added. 17G 2.8. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by Florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as required by Florida law. All licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida law and/or federal law, including, but not limited to, the provisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor Workers' Compensation Act, the Defense Base Act, or the Jones' Act. 2.9. Dormant Status. 2.9.1. Any person or firm that holds a valid Collier County/City Certificate of Competency may place the Certificate of Competency on dormant status during which time said person or firm/entity shall not engage in contracting in Collier County, but may retain the certificate on a dormant status basis provided timely payment is made of an annual renewal fee as set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier County Board of County Commissioners. 2.9.2. Persons or business organizations desiring to renew dormant certificate may do so by complying with the requirements of Section 1.4 of this Ordinance relating to renewals. 2.10. Restricted Certificates of Competency. The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is qualified under this Ordinance in certain aspects of that trade, but lacks the required experience in other aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering Installation Contractor may have the required experience in laying carpets and/or tiles, but not wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or modified by the CLB upon appeal by the certificate holder. 2.11. Emergency Restricted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City by the City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and firms/entities in the contracting trades for which there are Collier County/City Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of designated categories of contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 31 Words struck through are deleted; words underlined are added. 7G~ 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of contractors and/or sub-contractors from other jurisdictions whose licensing requirements are substantially comparable to those licensed in Collier County and issue temporary licenses to those contractors for a period of time not to exceed the declaration of emergency. The contractors selected must be licensed in jurisdictions whose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City. The County shall collect the fees for those contractors licensed to work within the County and City. 2.13. Contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee. PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. The Contractors' Licensing Board, being Collier County's "local construction licensing board", is composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within corporate city limits or shall be recommended to the Board of County Commissioners by the City Council. The Board of County Commissioners may also appoint alternate members as it deems appropriate. Three (3) members of the CLB shall be consumer representative members. No such member shall be, or shall have ever been, a member or practitioner of any profession regulated by the CLB or any profession closely related to any such profession regulated by the CLB. The members of the CLB who are not consumer representative members should be either a licensed 32 Words struck through are deleted; words underlined are added. .17G architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor, Except for consumer representative members, this provision is merely directory and failure to have members appointed from these trades shall not be grounds for voiding or otherwise affecting any action of the Board. 3.1.2. Collier County Ordinance No. 86-41, as now or hereafter amended (or any ordinance that is a successor in function thereto) shall be applicable to every member appointed or reappointed to the CLB after the effective date of this Ordinance, except the following: each initial full-term appointment of a member to the CLB shall be for a term of three (3) years. 3.2. Internal Operating Procedures. 3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson from its membership. 3.2.2. Meetings. 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary chairperson elected by majority vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 33 Words struck through are deleted; words underlined are added. 'I.....'....,. J,~ 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City Certificate of Competency, or a State certified contractor doing business in Collier County, should be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City Certificates of Competency or State certified contractors doing business in Collier County or the City pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board or otherwise by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct - Collier County/City Certificate of Competency The following actions by a holder of a Collier County/City Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act 34 Words stmck through are deleted; words underlined are added. I? c: constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for ninety (90) consecutive days without just cause and no said notice to the owner. 4.1.4. Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. 4.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. 4.1.6. Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.8. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: 35 Words struck through are deleted; words underlined are added. a. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; b. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; c. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 4.1.8.2. The contractor's iob been completed, and it is shown that the customer has incurred financial harm by having to seek a variance or other administrative remedy because of actions by the contractor. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the_quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance. 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 36 Words struck through are deleted; words underlined are added. 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another to take a qualifying examination on the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that Workers' Compensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.1.24. Misconduct in the practice of contracting (See section 4.2, below). 4.2. Misconduct - State Certified Contractors The following actions by State Certified Contractors shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage Insurance coverage and workers compensation insurance coverage as required by Florida Statutes. 4.2.2. Willfully violating the applicable building codes or laws of the state, City or Collier County. 4.2.3. If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past twelve (12) months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation 37 Words struck through are deleted; words underlined are added. ~,~ 7 would have been fraud or a willful violation if committed in CoUier County or Withi}ihe G respective City. 4.2.4. Fraud. 4.3. Disciplinary Proceedings, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), Florida Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 489.127(1), Florida Statutes, is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(1), Florida Statutes: Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), Florida Statutes, are three hundred dollars ($300.00) for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), Florida Statutes, are as now or hereafter specified in Section 489.127, Florida Statues. Penalties for contested violations of subsection 489.132(1), Florida Statutes, are as now or hereafter specified in Section 489.132, Florida Statutes. The Citation form attached hereto as exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision_of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonable time for full compliance. The Notice of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation. 38 Words struck through are deleted; words underlined are added. "~ 7 G' j, d .. ....: c. Major Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. d. Failure of Non-State Certified Individual to Promptly Pay Penalty to County. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County Certified individual who then has an obligation to pay a penalty to the County imposed with finality under this Ordinance for any violation of this Ordinance (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the County's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. e. Failure of Non-State Certified Individual to Meet Permit Conditions. The County's Building Department may withhold issuance of any further permit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all County-issued permit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time. t. Withholding Permit Pulling Privileges of State Certified Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 of this Ordinance. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense(s); 39 Words struck through are deleted; words underlined are added, 17G c, The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) In a newspaper of general circulation in Collier County, The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50,041 and 50,051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding 40 Words struek through are deleted; words underlined are added, 17G' matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue subpoenas to the greatest extent then allowed by law, including Section 162,08, FloridaStatutes. 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case. 4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day, All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of 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 sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. 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. 4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, 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. 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the 41 Words struck through are deleted; words underlined are added, 17G; hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions. 4.3.5.1. Holders of Collier County/City Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City Certificate of Competency; b. Suspension of a Collier County/City Certificate of Competency; c, Denial of the issuance or renewal of a Collier County/City Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance, Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received notice; e. Restitution; f. A fine not to exceed $5,000 Ten Thousand Dollars ($10,000); g. A public reprimand; 42 Words struck through are deleted; words underlined are added, h. Re-examination requirement; 7'(\ " , 1 ......~. , 1. Denial of the issuance of Collier County or City building permits or requiring the issuance of permits with specific conditions; J. Reasonable investigative and legal costs for the prosecution of the violation. 4.3.5.2. Holders of State of Florida Certificates of Competency. a. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County/City building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator, 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with Section 4.3.4.10 of this Ordinance. 4.3.5.5. In addition to any action the Contractors' Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, 43 Words struck through are deleted; words underlined are added. I' t- ~ ... / , and the consequences should he decide not to appeal. The Contractors' Licensing Board shalr:" upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. Each respondent found to be in violation of this Ordinance, any other party, the Chairman of the CLB, the CLB as a body, or the Assistant County Attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days from the date of mailing or other method of delivery to the Respondent(s) of the Board's written decision under this Ordinance. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its Final Order on Rehearing before any request for any type of appellate review can be filed with any court. 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it shall: a. Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the Board to the specific issues for which the rehearing was granted. b. Affirm, modify, or reverse its prior decision, with or without receiving further evidence, providing that the change(s) is/are based on a finding that the prior decision of the Board resulted from fundamental error or a ruling on a question of law or of fact which the Board has been informed by its counsel was fundamental error or an erroneous ruling and that further Board action is required to correct such error(s). 44 Words struck through are deleted; words underlined are added. 1""""" i. ( 5.2. Appellate-type Review. 5.2.1. Each disciplinary action of the CLB is quasi-judicial. Each person or entity found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court as authorized by subsection 489.127(5)(k), Florida Statutes, in conformity with Florida Rules of Appellate Procedure, and subject to mandatory prerequisite rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the CLB in accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the effective Final Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's decision on re-hearing, 5.2.2. In the event the person or entity found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript relevant to the case shall be as required by Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity seeking such review to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the CLB shall have any responsibility to provide a verbatim record transcript of the proceedings. 5.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence, but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each subpoena must be issued by the party or by an attorney for that party. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LA WS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or 45 Words struck through are deleted; words underlined are added, l? relettered to accomplish same, including the word "ordinance" may be changed to "section", "subsection", "article", or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRANK HALAS, Chairman Approved as to form and legal sufficiency: f!Z Robert N. Zachary Assistant County Attorney H/RNZlOrd\CLB 2006 46 Words struck through are deleted; words underlined are added, 17G September 25,2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending Ordinance No. 90-105 Dear Legals: Please advertise the above referenced notice on Friday, September 29, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.lAccount # 113-138912-654110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on October 10, 2006 in the Boardroo~ f~ 11 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS, TO INCREASE THE MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS, EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1 THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHUR AMENDING SECTION 1.6.2.11 STRIKING THE EXCLUSION OF LIQUID PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.25 TO ADD REQUIRMENTS FOR NEW APPLICANTS FOR THIS LICENSE; FURTHER AMENDING SECTION 1.6.3.48 TO ADD REQUIRMENTS FOR NEW APPLICANTS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING MISSING LANGUAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY LICENSES; ADDING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED BY CONTRACTORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR ADMINISTRATIVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE ADMINISTRATIVE FEE FOR COMPLAINTANTS; AMENDING SECTION 4.3.5.1. (f), INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. G BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk ( SEAL) .... " .a Martha S. Vergara From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, September 25, 2006 4:36 PM Martha S. Vergara Delivered: Advertising-Amending Ord. 90-105 Attachments: Advertising-Amending Ord. 90-105 o..--.-c ". ,,/ i ',-" Advertising-Amendi ng Ord. 90-1... <<Advertising-Amending Ord. 90-105>> Your message To: legals@naplesnews.com Subject: Advertising-Amending Ord. 90-105 Sent: Man, 25 Sep 2006 16:36:13 -0400 was delivered to the following recipient{s): legals, NDN on Man, 25 Sep 2006 16:36:20 -0400 1 178 Martha S. Vergara From: Sent: To: Subject: Clerk Postmaster Monday, September 25, 20064:36 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT1786393.txt; Advertising-Amending Ord. 90-105 i.!:1__ ~ ATT1786393.txt Advertising-Amendi (231 B) ng Ord. 90-1... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 90.105 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on October 10, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center 3301 East Tamiami Trail' Naples. Florida, the B,?ard of County Com- mlss'oners will cons,der the enactment of a County Ordinance. The meeting will commence at 9:00 A.M, The title of the proposed Ordinance ,s as follows: Cl AN ORDINANCE AMEND- ING COLLIER COUNTY ORDINANCE NO, 90-105. AS AMENDED, THE COL- LIER COUNTY CONTRAC- TORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER- BUILDERS, TO INCREASE THE MAXIMUM EXPEN- DITURE LIMIT TO $75.000, TO ALLOW FOR THE REPAIR OR RE- PLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLO. SURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS EXEMPTING CERTAIN EMPLOYEES OF GOV- ERNMENTAL AGENCIES FROM THE REQUIRE- MENTS OF THIS ORDI- NANCE; AMENDING SEC- TIONS 1.6.1.1 THROUGH 1.6.3.4B, REMOVING THE SPECIFIC TIME REQUIRE- MENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHUR AMENDING SECTION 1.6.2.11 STRIK. ING THE EXCLUSION OF LIQUID PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.25 TO ADD REQUIR- MENTS FOR NEW APPLI- CANTS FOR THIS LI. 'CENSE; FURTHER AMENDING SECTION 1.6.3.48 TO ADD REQUIR. MENTS FOR NEW APPLI- CANTS FOR THIS LI. CENSE; AMENDING SEC. TION 2,5.4,6 ADDING MISSING LANGUAGE AT THE END OF THE PARA. GRAPH; AMENDING SEC- TION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRES. SING THE ISSUANCE OF TEMPORARY LICENSES' ADDING SECTION 4.1.8.2' ADDRESSING FINANCIAL HARM CAUSED BY CON- TRACTORS CAUSING CUSTOMERS TO SEEK A'I VARIANCE OR ADMINIS- TRATIVE REMEDY': AMENDING SECTION 4.3.2 ELIMINATING THEi ADMINISTRATIVE FEE FOR COMPLAINTANTS' AMENDING SECTION 4.3.5.1.(0, INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS' PROVIDING FOR CON: "1't1CT AND SEVERABILI- TY; PROVIDING FOR IN. CLUSION INTO THE CODE OF LAWS AND OR- DINANCES; AND PROVID- ING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All inter- ested parties are invited to attend and be heard. NOTE: All persons wish- Ing to speak on any agenda item must regis- ter with the County ad- mInistrator frior to pre- sentation 0 the agenda Item to be addressed Individual speakers wili be limited to 5 minutes on any item: The selec- tion of an individual to speak on behalf of an organization or group is encouraged. If recog- nIzed by the Chairman, a spokesperson for a group or organization may be allotted 10 min- ~~~~ to speak on an Persons wiShing to have written or graphic materials included in the Board agenda pack. ets must submit said material a minimum of 3 _.1IieCy.s prior to the reo spective public hearing. In 'any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing, All ma- terial used in presenta- tIons before the Board will become a perma. nent part of the record, Any person who decid- es to appeal a decision of the Board will need a record of the proceed- ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the pro-' ceedlngs is made, WhiChj record includes the tes- timony and evidence upon which the appeal Is based, I BOARD OF COUNTY1 COMMISSIONERS ~Lgh,5~ E R C 0 U N T Y , ~'1~NK HALAS, CHAIR- gL~~~HT E. BROCK, ,By: Martha vergara". Deputy Clerk (SEAL) Sept. 29 No. 1449575 NAPLES DAILY NEWS Publishcd Daily Naples. FL 34- 102 Affidavit of Publication State of Florida County of Collier Bcfore thc undcrsigncd they scrvc as thc authority, personally appeared Phil Lewis, who on oath says that thcy scrvc as thc Editor of thc Naples Daily. a daily newspaper published at Naples. in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in thc mattcr of PUBLIC NOTICE was published in said ncwspaperl time in the issue on. Scptembcr. 29'h 2006 \tliant further says that the said ~aples Daily 'iews is a newspaper puhlished at \faples. in said Collier County, Florida, and that the said ncwspaper has heretofore heen continuously puhlished in said Collier Countv. Florida: d,strihuted in Collier and Lee counties of Florida. cach dav and has heen entered as second class mail matter at the post ,,!lice in Naples. in said Collier County, Florida, for a period oj" I vcar next prcccdlng the first puhlication of the attached copy of advertIsement: and aniant further says that he has neither paid nor promised any person, lirm or corporation any discount, rehate. commission or rdillld !,)r the purpose of securing this advertisement for G.] said newer. Sworn to and subscribed before me This 2nd . day of October. 2006 /' L.--c~_-;>o.c:? (i) Pblcy IM:IM . .,,~, ~!lRIH ! . :tl~'~'/ 18. 1J!JJ7 . . ... . . "'.P,'",) ,J.','.".....,...........,.1IiC. -iiI,.,..., "^....~..,."'....,-,."..,-',..,.,:I-"..~ ., ;~~:J """""",-'(, / ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTtOJ (\ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR sIfIN.lfUIIE rint on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or infonnation needed. If the document is already complete with the exception of the Chairman's signature; draw a line througlJ routiI~g lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. ,.. 3. 4. 5. Sue Filson, Executive Manager Board of County Conunissioners 6. Minutes and Records Clerk of Court's Office P~RYCONTACT~ORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, inCluding Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Vy 10"'10" C Number o(Original Documents Attached Phone Number 7 7 '1- 8 '1rJ?J /76 Agenda Item Number ~~o 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BeC approval of the document or the final ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! . The document was approyed by the BCC on .. I (enter date) and all changes made during the meeting have been incorporatea i the attached document. The Conn Attorne's Office has reviewed the chan s, if a Ucable. R'- ~ (l.'Z .. 2. ,~ "" #11- 3. 4. 1<:2 5. ~ 6. I: Forms! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2,24,05 .l7G ORDINANCE NO. 2006-~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS, TO INCREASE THE MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS, EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1 THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHER AMENDING SECTION 1.6.2.11 STRIKING THE EXCLUSION OF LIQmD PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.25, TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; FURTHR AMENDING SECTION 1.6.3.48 TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING MISSING LANGUAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY LICENSES; ADDING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED BY CONTRACTORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR ADMINISTRA TIVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE ADMINISTRA TIVE FEE FOR COMPLAINANTS; AMENDING SECTION 4.3.5.1.(0, INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain provisions of this Ordinance are being amended at the discretion of the Board of County Commissions upon recommendations from staff, area contractors and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 1.1. Unlawful to Contract without a Certificate of Competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or subcontractor for any of the trades listed in Section 1,6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples and within the City of Marco Island, without having first made application for and having been issued a current and valid Collier County/City Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if -1- Words underlined are added; words struck tHrough are deleted, l76 ,i', "" such employees are employed by a licensed contractor who exercises supervision and control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. The provisions of this Ordinance shall not apply to owners of property when acting as their own contractor and providing all material supervision themseh'es, (a) When building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $75,000, on such property for the occupancy or use of such owners and not offered for sale or lease. In an action 2 Words stnwk through are deleted; words underlined are added. .l7G " .,."'1\It ..,>. '. .' ,Wi ," '.... . .....". brought under this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. (b) When repairing or replacing wood shakes or asphalt or fiberglass shingles on one- family, two-family, or three-family residences for the occupancy or use of such owner or tenant of the owner and not offered for sale within 1 year after completion of the work and when the property has been damaged by natural causes from an event recognized as an emergency situation designated by executive order issued by the Governor declaring the existence of a state of emergency as a result and consequence of a serious threat posed to the public health, safety, and property in this state. This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor. The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is registered or certified by the State or is licensed by Collier County and the work being performed in within the scope of that person's license. For the purposes of this subsection, the term "owners of property " includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section, If any person violates the requirements of this subsection, the local permitting agency shall withhold final approvaL revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued. The local permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions even though you do not have a license. You must provide direct, onsite supervision of the construction yourself. You may build or improve a one- family or two-family residence or a farm outbuilding. You may also build or improve a commercial building, provided your costs do not exceed $75,000. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or 3 Words struck through are deleted; words underlined are added, llG .... .~~ lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, the law will presume that you built or substantially improved it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have licenses required by the state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work being done, Any person working on your building who is not licensed must work under your direct supervision and must be employed by you. which means that you must deduct F.l.C.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. An owner-builder will be issued a maXImum of one (1) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An owner-builder applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license which is a violation of this ordinance. 1.3.2. Public Works. The proVISIOns of this Ordinance shall not apply to: aE:j' construction, alteration, improvement, Of repair carried on "vithin the limits of any site the title to \\'hich is in the United States or with respect to which federal law supersedes this Ordinance; Of to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or othefwise engage in contracting except in accordance vt'ith his employment. an authorized employee of the United States, this state, or any municipality, county, irrigation district. reclamation district, or any other municipal or political subdivision, except school boards, state university boards of trustees. and community college boards of trustees. unless for the purpose of performing routine maintenance or repair or construction not exceeding $200,000 to existing installations, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment. If the construction, remodeling, or improvement exceeds $200,000, school boards. state university boards of trustees, and community college boards of trustees shall not divide the proiect into separate components for the purpose of evading this section. 1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a 4 Words stmck through are deleted; words underlined are added. 1lG Collier County/City Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his/her designee with the following: A. Evidence of insurance as required by this Ordinance. B. A current Collier County and/or City occupational license, as applicable. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight on September 30th of each year shall have until midnight December 31st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his/her Certificate of Competency by September 30 of the year following its expiration, but after December 31 of that year, shall have a suspended Certificate and thereby must pay an additional late fee in_accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply injull including updated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must pay the then applicable full application fee in accordance with the schedule of fees and 5 Words struck through are deleted; words underlined are added. .l7G .. charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new application. If, as of the date of receipt by the County of said new application, three (3) years have passed since the date of his/her most recent examination that the individual passed to acquire the former Certificate, that individual must pass all then applicable testing requirements. If the request is to reactivate a dormant certificate, the re-testing requirement can be waived by staff if the applicant proves that he/she has been active in the trade in another jurisdiction, or has been active as an inspector or investigator in the trade, or for other valid reason that would render such re-testing superfluous. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6,3 of this Ordinance. 1.6.1.1. General Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour an approved test and a tV/O (2) hour business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance or in the Florida Statutes. NOTE: Also see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour an approved test and a 1\'10 (2) hour business and law test and means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 6 Words struek through are deleted; words underlined are added, JIG .... 1.6.1.3. Residential Contractor reqUIres forty-eight (48) months experience with a passing grade on a six (6) hour an approved test and a tV/O (2) hour business and law test and means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. NOTE: Also see Sect. 1.6.2. 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of utility lines from the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains, and the continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority, 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a throe (3) hour an approved test and a passing grade on a tV/O (2) hour business 7 Words struck through are deleted; words underlined are added. J./G - and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. This definition and qualifications does not include roofing. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a twB (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on a six (6) hour an approved test and a passing grade on a tv,'o (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct 8 Words stmek through are deleted; words underlined are added, l7G connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an a?proved test and a passing grade on a two (2) hour business and law test and means any person whose services are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in anyone system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the 9 Words struck throl:lgh are deleted; words underlined are added, l7G contractor as is necessary to make complete an air distribution system being installed under this classification; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a two (2) hour business and law test and means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he/she is servicing, which may include duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system, Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) hour an approved test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of 10 . Words struck throl:lgh are deleted; words underlined are added. l7G all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a t\yO (2) hour business and law test and means any person whose scope of work is limited to the construction of non-recreational ponds, waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines, or to any electrical installation. 1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour 11 Words strl:lek throHgh are deleted; words underlined are added, ,l7G '''", ..... business and law test and means a contractor whose scope of work involves, but is not limited to, the repair and servicing of any swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use, The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of any repair or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool, hot tub or spa, and, subject to Section 487.0437, Florida Statutes, may include direct infusion of chlorine gas. These contractors may disassemble equipment permanently attached to or associated with the respective pool or spa for the purpose of water treatment or cleaning the pool or spa. 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour an approved test, and means those qualified to perform work in the plumbing trades while employed or supervised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a t'NO (2) hour business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowl~dge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A 12 Words struck through. arc deleted; words underlined are added. 17G plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storrn and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. _Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour an approved test, and means those persons qualified to perform work in the electrical trades while employed or supervised by an electrical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the electrical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, Florida Statutes. 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour an approved test and a passing grade on a t'.vo (2) hour business and law test and means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways (including alarm system raceways if the contractor is then registered with the State), conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or 13 Words struck through are deleted; words underlined are added. 17G implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. A vail able categories of Specialty Contractors and their requirements are: 1.6.3.1. Acoustical Contractor reqUIres twenty-four (24) months expenence with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including luminous ceiling panels. 1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish non-structural concrete on grade only, incidental to an aluminum accessory structure and or screen enclosures. 1.6.3.3. Aluminum Contractor reqUIres twenty-four (24) months expenence with a passing grade on a three (3) hour an approved test and a passing grade on a t'.vo (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, screen enclosures, and portable metal or vinyl partitions. 1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to layout, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. 14 Words struck through are deleted; words underlined are added. l7G a. Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes, b. Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law, test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry, Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor reqUIres thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and 15 Words struck through are deleted; words underlined are added, ..~ 7~ G J, shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) reqUIres twenty-four (24) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a t'NO (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials, 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a t'NO (2) hour business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim and shall include the placement of fire safing and fire stopping materials as part of the overall drywall contract. 16 Words struck through are deleted; words underlined are added. 176 1.6.3.16. Hurricane Shutter/Awning Contractor requIres twenty-four (24) months experience with a passing grade on a one (1) hour an approved hurricane shutter installer test and a passing grade on a two (2) hour business and law test, and means, those who are qualified to install, maintain, repair or replace shutters and awnings that are designed to protect residential and commercial buildings from hurricane and storm force winds and windborne debris all in accordance with Collier County amendments to the Applicable Building Code, as amended from time to time. Any electrical work connected with the installation of the shutters or awnings must be done by a licensed electrical contractor. Only non structural adjustments to existing openings may be performed as part of the work. Contractors who hold current Collier County Aluminum Contractor Including Concrete or Aluminum license on the effective date of this amendment are not required to pass this test, but must apply for this Certificate not later than one (1) year from the effective date of this amendment. 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour an approved test and a passing grade on a t'NO (2) hour business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience installing the specific product and a passing grade on a t\.vo (2) hour an approved business and law test and means any person who is qualified to install carpet, sheet vinyl andLor all types of wood flooring. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and a passing grade ona three (3) hour an approved test and a passing grade on a twe (2) hour business and law test and means those who are qualified to install, maintain, repair, 17 Words struok through are deleted; words underlined are added. 17G alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a throe (3) hour an approved test and a passing grade on a tViO (2) hour business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The scope of work shall include the installation of hurricane shutters or devices that are integral with the window system. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, sprayed-on fire resistive materials, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a 1'.'.'0 (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour an approved test and a passing grade on a t\VO (2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. All new applicants applyin?: for landscapin?: license are required to obtain a passing ?:rade on an approved exam pertainin?: to pruning and safety, in addition to the business and law exam. 18 Words struck through are deleted; words underlined are added. 17G 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means those who are qualified to build and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a tv*,o (2) hour business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. Paving Blocks Contractor. Requires twenty-four (24) months experience in the respective construction plus a passing grade on a three (3) hour an approved test and a passing grade on a tv*,o (2) hour business and law test, and means those persons who are qualified to construct driveways, sidewalks, patios and decks, using concrete paving units. 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passIng grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) ftel:lf business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means those who are qualified to coat surfaces, including lathing and drywall, with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating. This category does not include the plastering of the interior of a pool. 19 Words stmek through are deleted; words underlined are added, 176 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor reqUIres thirty-six (36) months experience, a passing grade on a throe (3) hour an approved test and a passing grade on a t',vo (2) hour business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied, 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor reqUIres twenty-four (24) months experience, a passing grade on a t',VO (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor reqUIres twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. The scope of work shall include asphalt p'atching incidental to sealing up to twenty (20) square feet per patch in a manner that does not use a mechanical spreader or paver. 1.6.3.39. Exterior Covering by Artificial Stucco System Contractor. Applicable to exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry stock block wall systems whenever the specific system requires its own certification (approval) of the installer. EIFS includes, but is not limited to, the following registered trademarks/tradenames: SUREW ALL, DRYVIT, PAREX EIFS, Vitricon energix, Senergy systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and usa EIFS. The applicant must prove then current approval from an authorized representative of the specific system and must have a passing grade on a tv~'o (2) hour business and law exam. 20 Words struck through are deleted; words underlined are added, J. 76 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a t\.yO (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non-electrical sign, provided all work is performed in accordance with applicable Collier County and City ordinances. This category does not include the construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs, Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an aPlJfoved test and a passing grade on a two (2) ftetH: business and law test, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect to existing plumbing stub-outs and electrical di sconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a tv~'o (2) hour business and law test, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on a threo (3) hour an approved test and a passing grade on a t\VO (2) ftetH: business and law test, and means those persons who are qualified to set tile, marble and stone. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a 21 Words strllek through are deleted; words underlined are added. 17G two (2) hour business and law test, and means those persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, and set tile, marble and stone. 1.6.3.47. Underground Utility and Excavation Contractor reqUIres forty-eight (48) months experience, a passing grade on a three (3) hour an approved test and a passing grade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, whether accomplished through open excavation or other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, routing, and slip lining of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. These contractors may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than two (2) inches in diameter, provided the conduit system is designed by a licensed professional engineer or by an authorized employee of a municipality, county, or public utility, and installation of such conduit shall not include installation of any conductor wiring or any connection to any energized electrical system. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively for such system, 1.6.3.48. Tree Removal and Trimming Contractor reqUIres twelve (12) months experience with a passing grade on a tv,'o (2) hour business and law test and means those who are qualified to trim and remove trees and stumps. All new applicants applying for tree service license are required to obtain a passing ~rade on an approved exam pertaining to tree pruning and safety, in addition to the business and law exam. 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in 22 Words struck through are deleted; words underlined are added. 17G contracting except as an employee. For the purposes of this Ordinance, indicia of an employment relationship shall include the employer's regular payment of wages and compensation, F.LC.A. deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or_business entity has any legal or equitable interest, if the_services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which hejs connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit and for financial matters, both for the organization and in general and for each specific job; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.6.10. "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.7. Stop-Work Orders. If it should become known to the Contractor Licensing Supervisor that a construction project and/or contracting in Collier County or the City is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order 23 Words struck through are deleted; words underlined are added. 176 on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any uncertified and nonexempt person resuming construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requirements. As a prerequisite to, and as a requirement for, the issuance of a Collier County/City Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. c. Journeymen's experience shall be as apprentices or trainees.1 having completed an apprenticeship program registered with the Department of Labor and Employment Security and_demonstrates 4 years verifiable practical experience in those particular trades, or demonstrates 6 years verifiable practical experience in those particular trades, except as may be authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor, Employment and Training of the Department of Labor and Employment Security, which are hereby incorporated by reference as the required apprentice experience. 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supervisor or his/her designee shaU consider the following forms of proof of experience: a. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Affidavits from any building director in locations where the applicant has worked; d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the applicant has made application; e. Affidavits from any other source within the trade applied for. 1.8.2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 24 Words strack through are deleted; words underlined are added, 1.' 7'." '(j 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. 2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City's Building and Zoning Division (Department), and the resolution establishing such fees shall be on file with the City's Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 25 Words struck through are deleted; words underlined are added, 176 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; 2.2.7. Type of Certificate of Competency for which application is being made; 2.2.8. A complete list of all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with all requirements and responsibilities contained in Sections 489,119 and 489.1195, Florida Statutes. 26 Words strHck through are deleted; words underlined are added, 17G Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incOIporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the business organization; 2.3.12. Qualifier information: a. The name of the qualifying agent and date of birth; b. The name of the business organization to be qualified; c. Type of Certificate of Competency for which application is made; d. The home address of the qualifying agent; e, The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City Certificate of Competency has been made; 27 Words struck tHrough are deleted; words underlined are added, 17'G h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; 1. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; J. A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; 1. Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business organization. Proof that a qualifying agent is legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. a. b. c. d. made; e. The name of the applicant and date of birth; Home address and telephone number; Business address and telephone number; Type of Certificate of Competency for which application is being The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training In the trade categories for which application is made for a competency card. 2.5. Standards for the Issuance or Denial of a Certificate of Competency. 2.5.1. Contractors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicant, that: 28 Words struck through are deleted; words underlined are added, 176 a. The application is complete in accordance with the requirements of this Ordinance; b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 6104-15,005 and 6104-15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and 1. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. Referral of Application to Contractors' Licensing Board for Decision. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application, 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 29 Words stnlCl~ through are deleted; words underlined are added. 17'G 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2.5.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City and in Collier County; 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this Section shall be grounds for discipline as provided for in Section 4.3 of this Ordinance. 2.6. Approved Examiners. The approved examiners for the purpose of administering proctored exams as required by this Ordinance are is "E:J(perior", 2100 N. \V. 531'4 L^..venue, Gainesville, Florida, 32653, and any etflef testing agency with comparablo testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except when the most recent relevant examination was taken and passed within three (3) years of the date of receipt of the new application, pursuant to Chapter 489, Florida Statutes. 30 Words struck through are deleted; words underlined are added, JiG 2.8. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by Florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as required by Florida law. All licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida law and/or federal law, including, but not limited to, the provisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor Workers' Compensation Act, the Defense Base Act, or the Jones' Act. 2.9. Dormant Status. 2.9.1. Any person or firm that holds a valid Collier County/City Certificate of Competency may place the Certificate of Competency on dormant status during which time said person or firm/entity shall not engage in contracting in Collier County, but may retain the certificate on a dormant status basis provided timely payment is made of an annual renewal fee as set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier County Board of County Commissioners. 2.9.2. Persons or business organizations desiring to renew dormant certificate may do so by complying with the requirements of Section 1.4 of this Ordinance relating to renewals, 2.10. Restricted Certificates of Competency, The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is qualified under this Ordinance in certain aspects of that trade, but lacks the required experience in other aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering Installation Contractor may have the required experience in laying carpets and/or tiles, but not wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or modified by the CLB upon appeal by the certificate holder. 2.11. Emergency Restricted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City by the City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and firms/entities in the contracting trades for which there are Collier County/City Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of designated categories of contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 31 Words struck through are deleted; words underlined are added, .176 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of contractors and/or sub-contractors from other jurisdictions whose licensing requirements are substantially comparable to those licensed in Collier County and issue temporary licenses to those contractors for a period of time not to exceed the declaration of emergency. The contractors selected must be licensed in jurisdictions whose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City. The County shall collect the fees for those contractors licensed to work within the County and City. 2.13. Contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee, PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. The Contractors' Licensing Board, being Collier County's "local construction licensing board", is composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within corporate city limits or shall be recommended to the Board of County Commissioners by the City Council. The Board of County Commissioners may also appoint alternate members as it deems appropriate. Three (3) members of the CLB shall be consumer representative members. No such member shall be, or shall have ever been, a member or practitioner of any profession regulated by the CLB or any profession closely related to any such profession regulated by the CLB. The members of the CLB who are not consumer representative members should be either a licensed 32 Words struek through are deleted; words underlined are added, .l7G architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor. Except for consumer representative members, this provision is merely directory and failure to have members appointed from these trades shall not be grounds for voiding or otherwise affecting any action of the Board. 3.1.2. Collier County Ordinance No. 86-41, as now or hereafter amended (or any ordinance that is a successor in function thereto) shall be applicable to every member appointed or reappointed to the CLB after the effective date of this Ordinance, except the following: each initial full-term appointment of a member to the CLB shall be for a term of three (3) years. 3.2. Internal Operating Procedures. 3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson from its membership. 3.2.2. Meetings. 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary chairperson elected by majority vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board, Hearings may also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board, At any hearing, the Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties, 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 33 Words struck through are deleted; words underlined are added. .17G 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City Certificate of Competency, or a State certified contractor doing business in Collier County, should be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in hislher capacity as a member of the Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City Certificates of Competency or State certified contractors doing business in Collier County or the City pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board or otherwise by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct - Collier County/City Certificate of Competency The following actions by a holder of a Collier County/City Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act 34 Words struek through are deleted; words underlined are added. 17G constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for ninety (90) consecutive days without just cause and no said notice to the owner. 4.1.4. Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. 4.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. 4.1.6. Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County, 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.8. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer, Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: 35 Words struck through are deleted; words underlined are added, 176 a. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; b. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; c. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 4.1.8.2. The contractor's iob been completed, and it is shown that the customer has incurred financial harm by having to seek a variance or other administrative remedy because of actions by the contractor. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the_quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance. 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 36 Words struek throl:1gh are deleted; words underlined are added, 176 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another to take a qualifying examination on the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that Workers' Compensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.1.24. Misconduct in the practice of contracting (See section 4,2, below). 4.2. Misconduct - State Certified Contractors The following actions by State Certified Contractors shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes. 4.2.2. Willfully violating the applicable building codes or laws of the state, City or Collier County. 4.2.3. If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past twelve (12) months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation 37 Words stnl0k through are deleted; words underlined are added, l7'G would have been fraud or a willful violation if committed in Collier County or within the respective City. 4.2.4. Fraud. 4.3. Disciplinary Proceedings, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), Florida Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 489.127(1), Florida Statutes, is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(1), Florida Statutes: Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), Florida Statutes, are three hundred dollars ($300,00) for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), Florida Statutes, are as now or hereafter specified in Section 489.127, Florida Statues. Penalties for contested violations of subsection 489.132(1), Florida Statutes, are as now or hereafter specified in Section 489.132, Florida Statutes. The Citation form attached hereto as exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision_of any regulatory law, including this Ordinance, when 0) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonable time for full compliance. The Notice of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation, 38 Words struck through are deleted; words underlined are added, 176 c. Major Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. d. Failure of Non-State Certified Individual to Promptly Pay Penalty to County. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County Certified individual who then has an obligation to pay a penalty to the County imposed with finality under this Ordinance for any violation of this Ordinance (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the County's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. e. Failure of Non-State Certified Individual to Meet Permit Conditions. The County's Building Department may withhold issuance of any further permit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all County-issued permit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time. f. Withholding Permit Pulling Privileges of State Certified Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 of this Ordinance. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the oosts of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense(s); 39 Words struck through are deleted; words underlined are added, 17G c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section, 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding 40 Words stmok through are deleted; words underlined are added, 176 matters under the jurisdiction of the Contractor's Licensing Board, the Building Official IS authorized to issue subpoenas to the greatest extent then allowed by law, including Section 162.08, Florida Statutes. 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case. 4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of 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 sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. 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. 4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, 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. 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the 41 Words struck throl:lgh are deleted; words underlined are added, 176 hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions. 4.3.5.1. Holders of Collier County/City Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City Certificate of Competency; b. Suspension of a Collier County/City Certificate of Competency; c. Denial of the issuance or renewal of a Collier County/City Certificate of Competency; d, A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received notice; e. Restitution; f. A fine not to exceed $5,000 Ten Thousand Dollars ($10,000); g. A public reprimand; 42 Words struck through are deleted; words underlined are added. 176 h. Re-examination requirement; 1. Denial of the issuance of Collier County or City building permits or requiring the issuance of permits with specific conditions; J. Reasonable investigative and legal costs for the prosecution of the violation. 4.3.5.2. Holders of State of Florida Certificates of Competency. a. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County/City building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with Section 4.3.4.10 of this Ordinance. 4.3.5.5. In addition to any action the Contractors' Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, 43 Words struck through are deleted; words underlined are added. 17G and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. Each respondent found to be in violation of this Ordinance, any other party, the Chairman of the CLB, the CLB as a body, or the Assistant County Attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days from the date of mailing or other method of delivery to the Respondent(s) of the Board's written decision under this Ordinance. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its Final Order on Rehearing before any request for any type of appellate review can be filed with any court, 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it shall: a. Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the Board to the specific issues for which the rehearing was granted. b. Affirm, modify, or reverse its prior decision, with or without receiving further evidence, providing that the change(s) is/are based on a finding that the prior decision of the Board resulted from fundamental error or a ruling on a question of law or of fact which the Board has been informed by its counsel was fundamental error or an erroneous ruling and that further Board action is required to correct such error(s). 44 Words struek through are deleted; words underlined are added. .176 5.2. Appellate-type Review. 5.2.1. Each disciplinary action of the CLB is quasi-judicial. Each person or entity found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court as authorized by subsection 489.127(5)(k), Florida Statutes, in conformity with Florida Rules of Appellate Procedure, and subject to mandatory prerequisite rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the CLB in accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the effective Final Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's decision on re-hearing. 5.2.2. In the event the person or entity found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript relevant to the case shall be as required by Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity seeking such review to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the CLB shall have any responsibility to provide a verbatim record transcript of the proceedings. 5.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence, but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each subpoena must be issued by the party or by an attorney for that party. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or 45 Words struck throl:lgb are deleted; words underlined are added, 176 relettered to accomplish same, including the word "ordinance" may be changed to "section", "subsection", "article", or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this loth day of Ov-tobe~ ,2006. ATTEST: DWIGHT E. BROCK, Clerk ~ ::< ':.~k , Deputy Clerk Attest 4' to Chl1nI4A S S 1 gn.turt 00 1 " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~.?-~ FRANK HALAS, Chairman Approved as to form and legal sufficiency: D/-I Robert N. Zachary Assistant County Attorney H/RNZ'Ord\CLB 2006 46 Words stfl:10k through are deleted; words underlined are added, 176 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 2006-46 Which was adopted by the Board of County Commissioners on the loth day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Cluu ~~/Q.c, By: Ann Jennejohn, Deputy Clerk