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Backup Documents 12/16/2008 R 16D39 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 arc to be forwarded to the Board Office only after the Board has taken action on the ilem.) 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 Chairman's siynature, draw a line throUlZh rouLin" lines # I throLleh #4, corrrolcte the checklist, and fi)n'lllrd to Sue Filson (line #5). Route to Addre..ee(.) Office Initials Date (List in routine order) 1. 2. 1---- -- 3. ~---- - 4. Colleen M. Greene, Assistant County County Attorney CJY\ f5" 12/19/08 Attorney 5. Sue Filson OMB 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primal)' 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 orthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee omce only after the Bee has aeted to approve the item.) Name of Primary Staff Sidney Kittila Phone Number 252-4018 Contact Agenda Date Item was 12/16/08 Agenda Item Number 16-D-39 Approved bv the BCC Type of Document Grant Agreement - Immokalee South Park N umber of Original 4 Attached B-08-SP-FL-0168 Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. 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 BeC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been mitialed by the County Attorney's Office and all other arties exee t the BCe Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date of Bee approval of the document or the final ne otiated contract date whichever is a licab1e. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this TOutmg slip should be provided to Sue Filson in the BCe office within 24 hours ofBCC 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 Bee on 12/16/08 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 licablc. Yes Initial) CMG NI A (Not A Iicable) 2. 3. 4. 5. 6. N/A CMG CMG N/A CMG "Sue-Plea.e contact Sidney Kittila per her attached note to deliver executed document. to Minute. & Records. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 ((matter _ numbem/((document_ numbcm MEMORANDUM Date: December 23, 2008 To: Sidney Kittila Operations Coordinator Parks & Rec. Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Agreement - Immokalee South Park B-08-SP-FL-0168 Enclosed please find four (4) original grant applications, as referenced above (Agenda Item #16D39), which was approved by the Board of County Commissioners on Tuesday, December 16, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you have any questions, please call me at 252-7240. Thank you. Enclosures 16D3~ 16n39 Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement X Grant 3. Instrument Number 4. Amendment Number B-08-SP-FL-0168 7. Name and Address of Recipient County of Collier 3301 Tamiami Trail East Naples, FL 34112 EIN: 59-6000558 2. Type of Action X Award 5. Effective Date of this Action Amendment 6. Control Number 8. HUD Administering Office CPO. EDl Special Project Division 451 7th Street. SW. Rm 7146 Washington, DC 20410-7000 8a. Name of Administrator Bb. Telephone Number 10. Recipient Project Manager Tom Henning 9. HUD Government Technical Representative Herbert Mallette 202-708-3773, Extension: 4885 11. Assistance Arrangement Cost Reimbursement Cost Sharing X Fixed Price 14. Assistance Amount 12. Payment Method Treasury Check Reimbursement Advance Check 13. HUD Payment Office Chief Financial Officier X Automated Clearinghouse Previous HUD Amount HUD Amount this Action $147.000.001 Total HUD Amount $147,000.00 I Recipient Amount Total Instrument Amount $147.000.00 I 15. HUD Accounting and Apropriation Data 15a. Appropriation Number 15b. Reservation Number EID08 Amount Previously Obligated Obligation by this Action $147.000.00 I Total Obligation $147.000.00 I 16. Description Collier County, FL for construction of a Community Center in South lmmokalee This Award consists of the following items which are appended to and hereby made part of this Award: (A) Cover Page - HUD 1044 (B) Grant Agreement ~Decial Conditions: Please eontaet Ubaldo Cazzoli - HUD Area Environmental Offieer at 305-536-4652, Ubaldo_A._Cazzoli@hud.goveoneerningenvironmental review. NO FUNDS may be eommitted to the :z-awn down prior to environmental release of funds approval. 17 18 X ReCIpient IS reqUired to Sign and return three (3) copIes of ReCipient IS not reqUIred to sIgn thiS document this document to the HUD Administering Office. )"n~cft 20. HUD (By Name): Otto V. Banks Signature and Title: Date: 19. Recipient (By Name): Mr. Tom Henni p , DAS for Etoriomieb~velopment Previous E itions Obsolete & I Approved as to form e C1J~JfERJtr~ 0 , Colleen Greene, Assistant County Attorney form HUD-1044 (8/90) Ref. Handbook 2210.17 3y A 16n39 FY 2008 EDI-SPECIAL PROJECT NO. B-08-SP-FL-0168 GRANT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development (HUD) and County of Collier (the Grantee) is made pursuant to the authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Aet. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Ab'feement. In reliance upon and in consideration of the mutual rcpresentations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount 01'$147,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: I. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VIol' the Civil Rights Act of 1964 (42 U.S.c. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part I. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.c. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and implementing regulations at 24 CFR Part 8. 16D39 4. The requirements of24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135, the requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.c. 1701 u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make etrorts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records of its efforts to comply with the requirements cited in Paragraphs 5 and 6 above. c. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and deeision- making and actions, as specified and required in regulations issued by the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, acadcmie institution, hospital, or other non-profit organization, the Grantee shall request the unit ot general local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assumc all ot the responsibilities tor environmental review and decision-making as specified in paragraph C.l above, and the Grantee shall carry out all of the responsibilities of a recipient under 24 CFR Part 58. 16n39 D. Administrative requirements of OMB Circular A-133 "Audits of States, Local governments and Non-Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requiremcnts of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements 01'24 CFR Part 84.40, and OMB Circular A- 122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain ccrtifieations and disclosures from all covered persons. G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace. H. The Unifonn Relocation Act as implemented by regulations at 49 CFR Part 24. I. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint Poisoning Prevention in Certain Residential Structures. K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE II. Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying. B. Any other conditions listed in Article VII (C) of this Grant Agreement. ARTICLE Ill. Draw Downs. A. A request by the Grantee to draw down !,1fant funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the tenns of this Grant Agreement. 16n39 B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfcr of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 eFR Part 205). C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which are exempt from environmental review under 24 eFR Part 58 and may charge the costs to the grant. ARTICLE IV. Progress Reports. A. The Grantee shall submit to the Grant Officer a prol,'fess report every six months after the effective date of the Grant Al,'feement. Progress reports shall consist of (I) a narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Form 269 A. HUD may require additional information or increased frequency of reporting as described in Article VII ( C ). B. The performance reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.5I(a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertincnt information including explanation of significant cost overruns. e. No grant drawdowns will be approved for projects with overdue progress rcports. ARTICLE V. Project Close-out. A. The grantee shall submit to the Grant Officer a written request to close-out the grant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (I) a narrative of all work accomplished during the project period and (2) a completed Financial Status Report - Fonn 269 A covering the entire project period. HUD will then scnd the Close-out Agreement and Close-out Certification to the Grantee. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve thc findings. B. The Grantee recognizes that the close-out process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HU D and the project for on-site HUD inspection. 16D39 C. The Grantee shall provide to HUD the following documentation: I. A Certification of Project Completion. 2. A Grant Close-out Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allow ability and allocability requirements of OMS Circular A-122, A-87 or A-21 as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with each of the project commitments and objectives in the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. D. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMS Circular A-122, A-87 or A-21 as applicable, equal the grant amount plus other sources of project funds provided. E. When HUD has determined that the grant funds are allowable, the activities were completed as described by the Grant Agreement, and all Federal requirements were satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out Certificate. F. The Close-out Agreement will include the Grantee's Agreement to abide by any continuing federal requirements. ARTICLE VI. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VII. Additional Provisions. A. Project Description. The project is as described in the application with the following changes: B. Changes or Clarification to the Application Related to Participating Parties: The Administrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision, public use shall not be construed to include economic development that primarily benefits private entitites. u.s. Department of Housing And Urban Development Otto V. Banks, Deputy Assistant Secretary For Economic Development Date: Approved as to form & legal sufficiency {j~Jri~ Colleen M. Greene' Assistant County Attorney 16jJJJ9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ Tom Henning, Chai Date:J}.t'L"mW 26_ ~a- , ATTEST: 4" ,~ n. j-, DWIGHT E. BROq( <;:le(k ' ., - , ." By: Attest .1 to Chi I'9Ilature on." 2027087543 Congressional Grants Div 09:35:47 a.m. 03-17-2009 2/8 e e ]~.,." , .ifJJ9 Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement X Grant 3. Instrument Number 4. Amendment Number 6-08-SP-FL-0168 7. Name and Address of Recipient County of Collier 3301 Tamiami Trail East Naples, FL 34112 EIN: 59-6000558 2. Type of Action X Award 5. Effective Date of this Action Amendment 6. Control Number 8. HUD Administering Office CPO. EDI Special Project Division 451 7th Street, SW. Rm 7146 Washington, DC 20410-7000 8a. Name of Administrator 8b. Telephone Number 10. Recipient Project Manager Tom Henning 9. HUD Government Technical Representative Herbert Mallette 202-708-3773, Extension: 4885 11. Assistance Arrangement Cost Reimbursement Cost Sharing X Fixed Price 14. Assistance Amount Previous HUD Amount HUD Amount this Action Total HUD Amount Recipient Amount Total Instrument Amount 12. Payment Method Treasury Check Reimbursement Advance Check 13. HUD Payment Office Chief Financial Officier X Automated Clearinghouse 15. HUD Accounting and Apropriation Data 15a. Appropriation Number 15b. Reservation Number EID 08 $147,000.00 $147,000.00 Amount Previously Obligated Obligation by this Action Total Obligation $147.000.00 $147,000.00 $147,000.00 16. Description Collier County, FL for construction of a Community Center in South Immokalee This Award consists of the following items which are appended to and hereby made part of this Award: (A) Cover Page - HUD 1044 (B) Grant Agreement Special Conditions: Please contact Ubaldo Cazzoli - H un Area Environmental Officer at 305-536-4652, Ubaldo_A._Cazzoli@hud.gov concerning environmental review. NO FUNDS may be committed to the :xawn down prior to environmental release offunds approval. 17. X Recipient is required to sign and return three (3) copies of 18. ReCipient is not required to sign thiS document. this document to the HUD Administering Office. 19. Recipient (By Name): Mr. Tom Henning Signature & Title: Chainnan Previous E itions Obsolete & I Approved as to form e ClJ.!~Jf7~ 0 ~ Colleen Greene, Assistant County Attorney 20. HUD (By Name); (e4h e" l' D(,A,h~ ...DUe V. Qa~Rki Date: igna~e and Titl ; ~ate: II-l/;dl ~fs for ECori~~ic" . ~elopment f7'J../ /0 7 .' . ,'.: ~ i '" " form HUD-1044 (8/90) . Ref. Handbook 2210.17 2027087543 Congressional Grants Dlv 09:36:03 a.m. 03-17-2009 e e FY 2008 EDI-SPECIAL PROJECT NO. B-08-SP-FL-0168 GRANT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development (HUD) and County of Collier (the Grantee) is made pursuant to the authority of Public Law II 0-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because ofa 2.00% reduction mandated by the Act. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $ 147,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 1. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d) (Nondiscrimination in Federally Assisted Pro!:,'Tams) and implementing regulations issued at 24 CFR Part 1. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, 3/8 16u39 2027087543 Congressional Grants Diy 09:36:20a.m. 03-17-2009 e e 4. The requirements of24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CPR 135, the requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.c. 1701 u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CPR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records ofits efforts to comply with the requirements cited in Paragraphs 5 and 6 above. C. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and decision~ making and actions, as specified and required in regulations issued by.the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital, or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assume all of the responsibilities for environmental review and decision-making as specified in parab~aph C.l above, and the Grantee shall carry out all of the responsibilities of a recipient under 24 CFR Part 58. 4/8 16039 2027087543 Congressional Grants DIY 09:36:37 a.m. 03-17-2009 e e D. Administrative requirements of OMB Circular A-133 "Audits of States, Local governments and Non-Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMS Circular A-87 regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A- 122 regarding Cost Principles for Non-Profit lnstitutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G, The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace, H, The Unifonn Relocation Act as implemented by regulations at 49 CFR Part 24. L The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint Poisoning Prevention in Certain Residential Structures. K. The regulations at 24 CFR Part 5,109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE II. Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying. B. Any other conditions listed in Article VII (C) ofthis Grant Agreement. ARTICLE Ill. Draw Downs. A. A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the tenns of this Grant Agreement. 5/8 16D39 2027087543 Congressional Grants Diy 09:36:53 a.m. 03-17-2009 6/8 e e B. The Granlee will be paid on an advance basis provided that the Grantee minimizes the 16 U 39 time elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 CFR Part 205). C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which arc exempt from environmental review under 24 CFR Part 58 and may charge the costs to the e,'Tant. ARTICLE IV. Progress Reports. A. The Grantee shall submit to the Grant Officer a prob'Tess report every six months after the effective date of the Grant Agreement. Progress reports shall consist of (1) a narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Fonn 269 A. HUD may require additional information or increased frequency of reporting as described in Article VII ( C ). B. The perfonnance reports must contain the inf<.mnation required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison ofaetual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. C. No grant drawdowns will be approved for projects with overdue progress reports. ARTICLE V. Project Close-out. A. Thc grantee shall submit to the Grant Officer a written request to close-out the grant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (I) a nmntive of all work accomplished during the project period and (2) a completed Financial Status Report - Fonn 269 A covering the entire project period. HUD will then send the Close-out Agreement and Close-out Certification to the Grantee. At HUD's option, the Grantee may delay initiation ofproject close-out until the resolution of any HUD monitoring findings. IfHUD exercises this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the close-out process may entail a review' by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection. 2027087543 Congressional Grants Diy 09:37:10a.m. 03-17-2009 7/8 , ' e e 161139 C. The Grantee shall provide to HUD the following documentation: 1. A Certification of Project Completion. 2. A Grant Close-out Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-I22, A-87 or A-2Ias applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds, 4. A final performance report providing a comparison of actual accomplishments with each of the project commitments and objectives in the approved application, the reasons for slippage if established objectives were not met and additional pertinent infonnation including explanation of significant cost overruns. D. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-I22, A-87 or A-21 as applicable, equal the grant amount plus other sources of project funds provided. E. When HUD has determined that the grant funds are allowable, the activities were completed as described by the Grant Agreement, and all Federal requirements were satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out Certificate. F. The Close-out Agreement will include the Grantee's Agreement to abide by any continuing federal requirements, ARTICLE VI. Default. A default under this Grant Ab7feement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions, ARTICLE VII. Additional Provisions. A. Project Description. The project is as described in the application with the following changes: B, Changes or Clarification to the Application Related to Participating Parties: The Administrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made availabl~ under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision, public use shall not be construed to include economic development that primarily benefits private entitites. 2027087543 Congressional Grants Diy e u.s. Department of Housing And Urban Development ~~ 01:1:8 V. BlIl.d.",: Deputy Assistant Secretary For Economic Development Date: I /1-. b /09 I I Approved as to form & legal sufficiency C~fvI~ Colleen M. Greene' Assistant County Attorney 09:37:27 a.m. 03-17-2009 e BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I' T~enning, Chai Date:~lf'mW 2l>, ~a-- ATTEST:. ..,~ '~.~.;- DWIGHT E. BROCK, Clerk Attest al to 0., signature onlll 8/8 16:DJ39 2027087543 Congressional Grants Diy 09:35:40 a.m. 03-17-2009 1/8 16D39 CONGRESSIONAL GRANTS DIVISION (CPD) u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET, SW ROOM 7146 WASHINGTON, DC 20410 PHONE (202) 708-3773 FAX (202) 708-7543 FACSIMILE TRANSMITT AL SHEET I \:-~ \. I. ',1\I,! I~' :::::'TY ~ <1 ,3-\.J O' r~ ): \;. '.. C >, l ) I' P. \ t i I :::-0 I,\; l 'I ,I '[ ) I ~~ (I (,I j \ I .~ ~N (I \~I/, \I'I~''\; l'i If ):-. I' ;.,! .\ II ~ I .Ie FDT 6 r GvtJ B-b~-~P- FC- o\(o~ o IR(;I.:"'I' 0 1'(lH [(\-:\ 11,:\\' o I'll: \~F C(\.\I \1 1,,'.:'1' 0 i'II.:,\:,[,: 1(('.1'11 01'1.1' '.\1' HI( \,'11 ~"I I J I ~, t t ,\, l.\ll '. 1'". ~ J61:'!1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL C TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim Cll pinl: paper. Allad1lD original "~_r Original "~m_N 3lICllJd be baad d.eJivefOd lD lhe Boant Office. The=pldl:d rouliDs 'lip md originnj "~_N ate lD belixwm!.d.lD lhe BoantOffia= CDiy!Qg:tbo Bcam has tlJa:a....wa.0ll!be il<m.) . . . _ ... .. . . ROUTING SLIP . .. Complete ttl1Iliq liD= #llbrcu&h 114 as ~ 1br odditiaW si_ dat=, zadlor iDfatmadCllll=dl:d..lt lhe ......._, is otlrc1dy aJInPICll: with !be dCllatlhe'""""'-'. . dmv.liDe _ liDc:r#ll!1rcu tl4, lete lhec:hccldlst; md fi:xward lD S~Filscn (liDc!I5J. Route to Addressee(s) . Office Initials Date (List in "",tin order}..,.. 1. PRIMARY CONTACT- INFORMATION (1'bc priDwy """'"'" is lhe boJdcr of !be origiDal ".,...~-, pcadiq Bce approval. NCl1lll1J1y !be primary CCD= is tile p""Cll wba CI'C1lI:dIprcpated !be ,,:e,eUIive sammary. Primary coacaa iDtbnzmJ:ioa. is needed in me evezu oac of lt1c u1drc:s::scc:s i1bcve., iDeludia.g Sue .Filson. need. to C1JI1tlct mfl for lIdditioaaJ IX'missing iIIfanmdca. All orisinal documcull llCClWIc !be Bce Cllaimmo', sip_ "'" '" be dcUvercd to tI1c Bee aiIico only afo:r tI1c BCe has oacd lD approve !be itaD.) Name of Primary Stiff ConlllCt Agenda Dace Item Wll.1 roved b the BCC Type of DO<:Ument Atrached "": 2. 3. 4. 5. Sue Filson. Executive Manager Board of County Commission= 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Icem Number Number of Original Documents Attached lNSTRUcrrONS & CHECKLIST Initial the Yes column or mark "W A" in the: Not Applicable colwnn. whichever is 1.. Original doc:ument has been sig=lrlllilialed fer legal stifficicncy. (All docUlIlClltS to be signed by the Chainnan. with the: exception of lIlOst Jcttcrs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from orrHn.n~. rcsoluliom. etc. sig:ncd by the County A1JrmJty's Office and signature pages from contracts, agrcclOCl1lS, ctc. chat bave been fully ==cl by all parties =pt the BCC Chairman and CIcrk to the Board and ssibl Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh ami revisions have been initialed by the County ~y.' s Office ami all other artics the BCC Chairman ami the CIcrJc to the Board 3. The Cbai:cpan's signatUre line date has been entered as the date ofBCe approval of the: document or the final ne tiated contract date wbichcver is licable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si. ami initials arc 5. In most = (some COIIIractS arc an c:xccption), the original document ami this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCe approval. Some d",.,nn'"'J!s arc time sensitive ami require forwarding to T.lhh..... within a certain time frame or the BCC's actions arc nullified. Be aware of our dcadIin..! 6. The doc:wnent was approved by the BeC on (enter date) and all ~cs made during the meeting have been incorpora in the a""",hed docnmcnt. The Coon Attorn's Office has reviewed the os. if a licablc. o/-f~ -c19/7 /6C / Yes WA(Not (Initial) licable) cfI16 - ;tJ /11 - t t- , I/J If! - -- ()J t' l: FonmI CcuIlIy Fotm:si Bee Fomlsi OrigiDal Ilocume:us RooliDs Slip WWS Oriciml9.03.04, Rovi:scd 1.26.0:;. Revised 2.24,0:; "~ "-.= 16!E ~t MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 00228760009 16E I AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ALAN TUCKER, whose address is 1219 Polk Street, Hollywood, FL 33019-1034, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty Five Thousand Dollars and 00/100 dollars ($25,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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. 1 CONSERVATION COLLIER Property Identification No. 00228760009 16E I 3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal 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. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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, 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3,02 Each party shall be responsible for payment of its own attorney's fees, Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 thirty (30) days to remedy any defects in order to convey 2 CONSERVATION COLLIER Property Identification No. 00228760009 16E I 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2, There are no abnormal drainage or environmental requirements to the development of the Property, 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination, 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V 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 3 CONSERVATION COLLIER Property Identification No. 00228760009 It6It environmental and soil testing results commissioned by Purchaser with respect to the Property. 5,03 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. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9,01 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. 9,02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 10.011 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 < 4 CONSERVATION COLLIER Property Identification No. 00228760009 IcE t required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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. 10,013 The warranties set forth in this paragraph 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. 10.014 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. 10,015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10,016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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. 5 CONSERVATION COLLIER Property Identification No. 00228760009 16f 1 10.019 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, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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. 10.022 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. 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XL NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: 6 CONSERVATION COLLIER Properly Identification No. 00228760009 16E 1 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 With a copy to: If to Seller: Alan Tucker 1219 Polk Street Hollywood, FL 33019-1034 Telephone number: 954-927.6934 Fax number: AJ' }A 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. 13.04 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, 13,05 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. 7 CONSERVATION COLLIER Property Identification No. 00228760009 16E 1 13,06 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. 13,07 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. 13,08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County, (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: De.c.>~\...- I/o 7vDo8 } ~\~:lt.'\.oE..1 AS TO PURCHASER: DATED: /;//7/~r I ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ( 8 CONSERVATION COLLIER Property Identification No. 00228760009 AS TO SELLER: DATED: Q-Z1~o Z WITNESSES: .~~ (Signature) H,'-I-J,eJ t-V. ,e.,f(. (Printed Name) (Signature) ~'" E, ~~(l'M\~ ~ (Printed Name) \ Approved as to form and legal sufficiency: :L~ ~ Jennifer A. Belped ~ Assistant County Attorney 9 A 16E 1 CONSERVATION COLLIER Property Identification No. 00228760009 16E 1 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00228760009 LEGAL DESCRIPTION: TEN ACRES, MORE OR LESS, OF UNIMPROVED PROPERTY, MORE PARTICULARLY DESCRIBED AS: THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, INCLUDING THE 12 1/2% GAS, OIL AND MINERAL RIGHTS, 10 D~"" . a.1oA. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ro-2 . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO a:. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . . PrimCllpinl: paper. Allad1lD original "~_. Originald~-N3lICllJdbe baadd.eJivefOd lD the Boant Office. TheaJlnpldl:drowinS sHp md originnj "~_N ate lD b4lixwm!.d.tD the BaudOffia= cmIy !t!!;:tboBomt has tlJa:a....wa.0ll!be il<m.) . . . .. .. . . ROUTING SLIP . ." - . Completettl1lliqliD= #llbrcu&hll4 IS ~ lixodditiaW ';8"",,,,,.., dms, zadloriDfatmadCllll=dl:d..ltthe ~-'is otlrc1dy aJInPICll: wilh!be e:o:codCll atlhe '""""'-'s . dn".1iDc r1lrculZll _.1iDc:r#1 <brou'" tl4, onnmlete lhe c:hccIdIst; md fi:xward to SIltFilscn (liDc!I5J. . Route to Addressee(s) . Office Initials Date (List in routin.. order)- . .., . 1. . . 2. .. ---' 3. .~ ----- ~ .~ 4. __________ -c- 5. Sue FIlson. Executive Manager Board of County Commission= . 6. Minutes and Records Clerk of Court's Office - I PRIMARY CONTACT. INFORMATION ("!be priDwy """'"'" is tI1c boJdcr of !be origiDal ~~~-, pcadiq Bce approval. NCl1lll1J1y tI1c primary CCD= is !be peaCll wbo CI'C1lI:dIprcpa tile =ave SllIDIZWy. Prilmry -- iDnnwiCll is accdcd ill !be..... OIIC of !be -== above. includinl Sue l'ilsCll. occd to qal= mfI 1br additiDllal or_I ~.. All orisinal"~ m IIllCClW1lt11c Bee Cllaimmo', sip_ "'" lD be delivered to tI1c ace otIicc only afIce tile Bce has oacd to approve tile i=u.l Name of Primary Stiff COnlllCt Agenda Dace Item WlI.1 A roved b the BCC Type of DO<:Ument p."!'I,.n~ ...... Phone Number Agenda Item Number NumbcrofOriginal Docmncnts Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mad: "N/ A" in tbe Not Applicable colwnn. whichever is I. Original doc:ument has been siglledliniri.l...; fer legal stifficicncy. (All dc>~..n~ to be signed by the Chainnan. with tbe exception of lIlOst Jcttcrs. must be reviewed ami sig:ncd !iy the Oflicc of the County Ar1Drney. This includes signature pages from orr!in.n"'"S. rcsoluliom, ele. sig:ncd by the County A1JrmJty's Office and signature pages from coDlractS. ~ ctc. chat bave been fully ==cl by all parties =pt the BCC Chairman and CIcrJc to the Board and I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh IIJd rcvisioos have been initialed by lbe County ~y.' s Office ami all other artics t the BCe Chairman ami the Clerk to the Board 3. The n.'n-,..n's signatUre line date has beencntcred as the date ofBCC approval of the docnment or lbe final nc tian:d contract date whichever is licable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Cbainnan' s si. and initials arc 5. In Iilost cases (some co= arc an exception), the original document ami this routing slip should be provided to Sue Filson in the Bee office within 24 hours ofBCC approvaL Some d",",nn'"tJts arc time sensitive and require 'forwarding to Tallahassee within a certain time frame or the BCC's actioos arc nullified. Be aware of our <i..,;Hn~! 6. The docnment was approved by lbe BCC an (enter date) and all changes made dnring the meeting have been incorporated in the attached docwncnt. The Conn Attorn's Office has reviewed the es. if a licable. 0&502 .t59.17 / & C;O<!- Yes NJA(Not (Initial) licable) ~S / AJi'l l ...- ~ - iI/fI' .-- -- tml' , l: - Coumy ""'=' Bce _ OrigiDal n...-.~_N RouliDs Slip WWS Oricinal9.0:l.04. Revised l.26.OS. Revised U4.OS 16 r ''''2. L. MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 39493800008 16E 2 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between NORMA DEPESTRE-COBA, whose address is whose address is 1525 SW 76th Avenue, Miami, FL 33144-4441 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Seventy One Thousand Nine Hundred Twenty Three Dollars and 00/100 dollars ($71,923.00), (U.S. Currency) payable at time of closing, III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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. 1 CONSERVATION COLLIER Property Identification No. 39493800008 16E 2 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 Internal 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, 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price, 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property, The cost of the Owner's Form 8 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) 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 2 CONSERVATION COLLIER Property Identification No. 39493800008 16f '2 title, Seller shall have thirty (30) 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V, INSPECTION PERIOD 5,01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of 3 CONSERVATION COLLIER Property Identification No. 39493800008 16E 2 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. 5.03 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, VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 4 CONSERVATION COLLIER Property Identification No. 39493800008 16E 2 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10,018 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 5 CONSERVATION COLLIER Property Identification No. 39493800008 16f 2 Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied, 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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. 10,022 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. 10.023 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, 10,024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: 6 CONSERVATION COLLIER Property Identification No 39493800008 16E 2 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Norma Depestre-Coba 1525 SW 76th Avenue Miami, FL 33144-4441 Telephone number: 305.322-2718 Fax number: NIIl , 11,02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 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. 13.03 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. 13.04 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. 13.05 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. 7 CONSERVATION COLLIER Property Identification No. 39493800008 16E 2 13.06 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. 13,07 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. 13,08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: \)l'l'q... \:". r \ lR)1..Do8 ~ \~~ lloPE,';.. AS TO PURCHASER: DATED:~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.,\, i' " an I" J\....~ 8 CONSERVATION COLLIER Property Identification No. 39493800008 AS TO SELLER: DATED: 7- 2-s-r-o(f WITNESSES: >:s..,~~<- ?- (Signature) .-~D,>e ~ ~031t\~ (Printed Name) , (Si9".~'~~ ~."""-QQ.'\2> ~'J~YZ:.IA\e1 (Printed Name) Approved as to form and legal sufficiency: (~B-~' \ ~ Jenm er A Belp I Assistant County rney 16E ~ ,------ - ---'-~ NORMA DEPESTRE-COBA -- 9 16E 2 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39493800008 LEGAL DESCRIPTION: TRACT 43, LESS THE EAST ONE HUNDRED FIFTY (150') FEET GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 4.54 ACRES 1 (;-cJ<\ ~ e 2- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E. 'Z . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO ~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim Cll pinl: paper. Allad1lD original "~_. Orisinal "~m_N 3lICllJd be baad d.eJivefOd lD lhe Soant 0lU'OQ. 1llcl:ll!lljl1m:d routmi ili~ lllQ elig;",,) "~"'IIU= III ~ftr.r.ttd.dlll tbe BIlI1lI.Otliee CIIIY!l!s;illcJ!omllw tll=....wa.0ll!be il<m.) . . . ... .. .'. ROUTING SLIP ," . . Complete ttl1Iliq liD= #llbrcu&h 114 as ~ 1br odditiaW ';il"'~, dat=, zadlor iD!atmadCllll=dl:d..lt!be "~.::._; is otlrc1dy aJInPlete with tile dCllattl1c '""""'-'s ' dz1....1iDc tI1rou _ 1iDc:r#1 tI1rou tl4, lete tI1cc:hccldlst; md fi:xward lD S~Filscn (liDc!l5). Route to Addressee(s) . Office Initials Date (Listinroutin order). .,.,_. L PRIMARY CONTACT- INFORMATION (The priDwy """'"'" is tI1c boJdcr of !be ori:ioal "~~-, pcadiq Bce approval. NCl1lll1J1y !be primary """'"'" is tile peao. who CI'C1lI:dIprcpa tI1c exccndvo summary. Primary COIUaCI: iDtarmarioa. is acadcd iD me C'VCllC au of the addrcs:scc:s above. iu.clwiinr Sue Pilsca. llCer1 to cpa.ClC%. staff for ~..tAif'iQtti11 or miuin&' ilIfllallllliou. All aricimJ "~--"llCClWIc tI1c BCC Cllaimmo', si_ "'" to be delivered to tI1c Bce otIicc only afo:r!be Bee has oacd to approve tI1c item.l Name of Primary Stiff COnlllCt Agenda Dace Icem WlI.1 roved b the BCC Type of DO<:Ument Atrached "'"." ~- 2. 3. 4 5. Sue Ftlson. Executive Manager Board of County Commission= 6. Minutes and Records Clerk of Court's Office 'C..,..-\::' Phone Number Agenda Item Number Number of Original Documents Attached lNSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in tIIc Not Applicable colwnn. whichever is 1.. Original doc:ument has been signed';'';';' I"'; fer legal sUfficiency. (All docUlIlClltS to be signed by the Chainnan. with tIIc exception of most Jcttcrs. must be reviewed ami sig:ncd !iy the Oflicc of the County Ar1Drney. This includes signature pages from ordinances. rcsolutiom. ctc. sig:ncd by the County A1JrmJty's Office and signature pages from contracts, ~"lJts, ctc. chat bave been fully ==cl by all. parties =pc the BCC Chairman and Cork to the Board and I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh ami revisions havc been initialed by the County ~y.' s Office and all other arties t the BCC Chairman ami the CIcrJc to the Board 3. The Chainpan's ngTI''''M line date has beenCllt=d as the date ofBCC approval of the doc:ument or the final ne tiated COIllral:t date whichever is liable. 4. "Sign here" tabs arc placed. on the appropriate pages indicating where the Chairman's si. and initials arc 5. In Ii:1ost = (some COIIlr3Ctl arc an exception), the: original document and this routiag slip should be provided to Sue Filson in the BCC office within 24 beers of BCC approval Some documents arc time sensitive ami rcq1lirc fcrwarding to T.n.h...= within a certain time frame or the BCC's actions arc nulIificd. Be aware of our deadlines! 6. The docwncnt was approved by the BCC on~(cntcr date) and all changes made during the meeting have been incorponted. in the attached docnment. The Coon Attorn's OffiCI! has reviewed the os. it a Hable. cJ. 6-';; - 85 /7 t.::"3 Yes WA(Not (Initial) licable) \j~~ ~ v)rJ 1.- Gmt ~ . ~1lJ1~ emf; ~ Forms! County Forms! Bee Forms! Original n"..,__" RouliDc Slip WWS Orisinal9.03.04, Revised l.26.Qj. &:vis<ll2.2<.Qj .'E lb' 3 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 39490160000 16f 3 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ALINA GONZALEZ, a single woman, whose address is 16461 SW 31st Street, Miramar, FL 33027-5232, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Nine Thousand Six Hundred Five Dollars and 00/100 dollars ($39,605.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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 Internal Revenue Code and as required 1 , CONSERVATION COLLIER Property Identification No. 39490160000 loE '3 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price, 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, 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth, 3.02 Each party shall be responsible for payment of its own attorney's fees, Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA 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 thirty (30) 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 thirty (30) day period, 2 CONSERVATION COLLIER Property Identification No. 39490160000 16E J 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination, 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V 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. 5.03 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 3 CONSERVATION COLLIER Property Identification No. 39490160000 16E J by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12,01, (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. 9.03 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, X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10,011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10,012 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. 4 CONSERVATION COLLIER Property Identification No. 39490160000 16E :3 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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, 10.018 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. 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 5 CONSERVATION COLLIER Property Identification No. 39490160000 16E 3 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. 10.021 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. 10.022 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. 10,023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SRIWA, Senior Property AcquiSition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39490160000 16E 3 If to Seller: Alina Gonzalez 16461 SW 31st Street Miramar, FL 33027-5232 Telephone number: 786-229-7271 Fax number: LJ/ A , 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 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. 13.03 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, 13.04 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. 13,05 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. 13,06 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. 13.07 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. 13,08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, 7 CONSERVATION COLLIER Property Identification No. 39490160000 16E 3 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement IN WITNESS WHEREOF, the parties hereto have signed below, Dated Project/Acquisition Approved by BCC: b (l..('<NYI \-..r I G AiXJ8 ) ~ \~#llPE.3 AS TO PURCHASER: DATED: 1;;..1/1 J :MtJ1 I I ATTEST: DWIGHT E.B~R<;::K, Clerk :'\, . - ~f,.o " ,,' '.-/" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ltte ~, ,IQll4 "" OIIf~,,, ,'1, ;-,."'" ';'l,;':'.\'" ,~ " an AS TO SELLER: DATED: 9/:;y~!or I / WITNESSES: --~. ~.:.:~ .." ~-2.Ub.lc,- : .. ----tSIg . ure) ~OJJiltrJG:V:S P tKE"c (Printed Name) ( (Sig' ture) ~eity~4-~uQ ( rinte Name) Approved as to form and legal sufficiency: Jenni A. Belpedio Assistant County Attor ey 8 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: LEGAL DESCRIPTION: EAST HALF (E )1,) OF TRACT 4, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.5 ACRES l6E 3 ~~ <... ----0 04- 7~7...vU ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLll' 16 E. J. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO . ..,. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Prim Cll pinl: paper. Allad1lD original ~_. Origin.:ll "~m_N 3lICllJd be baad d.eJivefOd lD lhe Boant Office. TheaJmpldl:d touliDS slip md originnj "~-.. ate lD belixwm!.d.lD lheBoantOffia= CDiy!Qg:tI1cBcamhas tlJa:a....wa.0ll!be il<m.) . , . .-.. . . . . ROUTING SLlP . Completettl1lliq liD= #llbrcu&hll4 as ~ lbrodditiaW .;8".......... dao:s, zadloriDfatmadCllll=dl:d..lttlle~_;is otlrc1dy aJInPlete wirll tile =dcm at.lhe '""""'-'s . c!l1.w aliDc Illraugl -~ 1iDc:r#1 tIlrou!!h#4, OOOIIllete lhe dJccldl.u; md fi:xward lD S~Filscn (liDc!I5J. Route to Addressee(s) . Office Initials Date (List in "'"tin.. order) C.'.._ . 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 (lb.c priDwy """'"'" is tI1c boJdcr of tI1c ori:PzW ~~~-, pcadiq Bee approval. Ncmuilly tI1c primary CCDCICt is tile P""Cll who CI'C1lI:dIprcpated tI1c cxecwiv. SlIDUZIllry. Primuy -- iDfcnImdOll is - iD !be e""", OIIC of !be -=_ llbo~ incJudlnC Sue I'ilsOIl. IICCd to cpll= mfI for addiDoaal or llIissing iIIfanmdca. All arisinal "~--"lICCdin& tI1c Bee Cllaimmo', sipllln: "'" '" be dcllvered to tI1c Bee aiIi,," only afo:r tI1c Bce has oacd lD approve tI1c item.) Name of Primary Stiff COnlllCt Agenda Dace Item WlI.1 roved b the BCC Type of DO<:Ument Atrached .....- Phone Number Agenda Item Number Number of Original Documents Attached lNSTRUCTIONS & CHECKLIST Initial ~ Yes column or mark "N/ A" in the Not Applicable colwnn. whichever is I. Original (I""",~_has been sig=lrlllilialed fer legal sUfficiency. (All docU1IICIItS to be signed by the. Chainnan. with the exception of lIlOst Jcttcrs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from crdina.nccs, rcsoluliom. ele. sig:ncd by the County A1JrmJty's Office and signature pages from contracts. agrccIOCl1lS, ctc. chat bave been fully ==cl by all parties =pt the BCC Chairman and CIcrk to the Board and I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh m:l revisions havc been initialed by the County ~y.' s Office ami all other arties the BCe Chairman and the CIcrJc to the Board 3. The Cbai:cpan's signatUre 1inc date has been entered as the date ofBCC approval of the doc:ument or the final ne dated co_ date whichever i:s licablc. 4. "Sign here" tabs arc: placed en the appropriarc pages indicating where the Chainnan' s si. and initials arc S. In most cases (some COntrac:tl arc an =:option), tbc original document ami this routing slip should be provided to Sue Filson in the BCC office within 24 00= of BCe approval Some ri""'nn"'ll!s arc: time sensitive ami rcquireforwarding to T.Il.h...ec within a certain time frame or the BCC's actions arc: nullified. Be aware: of our <l~.riHn"'-S! 6. The d"""~ent was approved by the BCC on (enter date) and all changes made during the meeting bave been isu:orpo in the attached document. The Coon Attorn's Office bas reviewed the es. if a Heable.. 026",2 -891? /&6 Yes WA (Not (Initial) licahle) tfii\t - ~)Il ..~ . I: Forms! County Foml3I Bce FoamI OrigiDal n..-....._N Roadcc Slip WWS Origiual9.03.04, Revised l.26.as. Revised ~.a' 16E 4 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure . CONSERVATION COLLIER Property Identification No 39490160107 16 E~I,: AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between HAROLD MIR, a married person, whose address is 16721 NW 77th Place, Hialeah, FL 33016-8431, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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", II. PAYMENT OF PURCHASE PRICE 2,01 The purchase price (the "Purchase Price") for the Property shall be Thirty Nine Thousand Six Hundred Five Dollars and 00/100 dollars ($39,605.00), (U.S. Currency) payable at time of closing, III. CLOSING 3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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 Internal Revenue Code and as required 1 CONSERVATION COLLIER Property Identification No. 39490160107 16[ 4 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3,0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price, 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA 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 thirty (30) 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 thirty (30) day period, 2 CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 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 10 (ten) days of the effective date of this Agreement Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations, 2. There are no abnormal drainage or environmental requirements to the development of the Property, 3, The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement 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 its investigations and the contingencies of this Article V 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. 5.03 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 3 CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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 902 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10,012 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. 4 ~. CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10,015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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. 10,019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion 0' improvement agreements, utility moratoriums, use moratoriums, improvemen ~. \ il~ 5 ~~ CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 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 10.021 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. 10,022 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. 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 If to Seller: Harold Mir 16721 NW 77th Place Hialeah, FL 33016.8431 Telephone number: 786-229-7271 Fax number: lj m 11,02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. 13.04 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, 13.05 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. 13.06 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. 13.07 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, 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, 7 CONSERVATION COLLIER Property Identification No. 39490160107 16E 4 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: blOc. "" I.c...ar llll UJo 8 J AS TO PURCHASER: ~t\.o. \~. )l.IE..-4 DATED: /d--/I7/;J.aJ~ I { ATTEST: DWIGHT EBROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .-./ H tQ.. o-a ~1QnatUl'e on,.:'.'.",'" AS TO SELLER: DATED: WITNESSES: (ZOSIAlV4 t\ 99 (Printed Name) ~/ (SigllEllure) Jt1'f 1Jt/, (P/JdUA (Printed Name) Approved as to form and legal sufficiency: Jennifer A. Belpe Assistant County A orney B 16E 4 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39490160107 LEGAL DESCRIPTION: WEST HALF (W %) of TRACT 4, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.5 ACRES ~& /d.,&.. -#JoA ~".s ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E" .5 . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim Cll pinl: paper. Allad1lD original ~~_. Original "~m_.. _ be baad d.eJivefOd lD lhe Boant Office. Theccmpldl:d ",uliDs 'lip md originnj "~-NatelDbelixwm!.d.lD<bcBoard.Offia=aaly!Qg:tboBcamhastlJa:a....wa.Oll!beil<m.J . . . ... .. . . . . ROUTING SLIP . .. . . Completettl1lliq liD= #llbrcu&hll4 IS appropriaIc lbrodditiaWsi_ datcs, zadloriDfatmadCllll=dl:d..lttl1c """""-'is otlrc1dyaJInPlctc wilh!be dOll atlhe'""""'-'s ' dn....1iDc dlrou - 1iDc:r#ll!Ircu #4, letelhe c:hccIdIst; md fi:xward lD Suc-Fi!soII (liDc!I5J. Route to Addressee(s) . Oflice Initials Date . in ""'tin order} .. ". 1. PRIMARY CONTACT' INFORMATION (1'bc priDwy CCDCICt is tI1c boJdcr of tI1c ori:iml ".,...~-, pClldiuc Bee approval. NCl1lll1J1y !be primary CCD= i> !be p""ou who CI'C1lI:dIprcpa tbo executive SllIlIIlllUy. Pri=ry CCD....iDtommdou is lICCdcd in tbo..,.",llIlCoftl1c _= llbove. inc1udinC Sue l'ilsou. uccd to ""'=mf!for:oddi!ioualC<toWi.ug iufomwiou. All orisinal """'~-"llCClWIc tI1c Bee Cllaimmo', siplllnl "'" to be dcli_ to tI1c Bee otlice: only afo:r tbo Bee has oacd to approve tile ibm1.) Name of Primary Stiff ConlllCt Agenda Dace Item Wll.1 roved b the BCC Type of DO<:Ument Atrached ...... 2. ----" 3. 5. Sue FIlson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Erb Phone Number Agenda Item Number Number of Original Do=ts Attached lNSTRUCITONS & CHECKLIST Initial the Yes column or mark "W A" in the Not Applicable colwnn. whichever is 1.. Original doc:ument has been sig=lrlllitialed fer legal sufficiency. (All documents to be signed by the. Chainnan. with the exception of most Jcttcrs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from crdinanccs. rcsolwiom. ele.. sig:ncd by the County Ar1Drney's Office and signature pages from contracts, ~ ctc. chat bavc been fully ==cl by all parties =pt the BCC Chairman and CIcrk to the Board ami I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh and revisions havc been initialed by the County ~y.' s Office and all other arties the BCC Chairman and the Clc:rJc to the Board 3. The Cbai:cpan's signatUre linc dare has beencntcred as the date ofBCC approval ofthc document or the final ne tiatcd contract dare whichever is licable. 4. "Sign here" tab. arc placed en the appropriate pages illdicating where the Cbairman' s si and initials arc 5. In rOost cases (some contracts arc an c:xccption), the original document ami this routing slip should be provided to SIlO Filson in the BCC office within 24 hours ofBCC approval. Some do= arc lime sensitive amlrcquirefcrwarding to T.n.h....... within a certain lime frame or the BCC's actions arc nulillicd. Be aWlll'C of our rl~.rlHnes! 6. The docnmcnt wa.s approved by the BCC on enter date) and all changes made dnriDg the meeting have been iIu:orpo in the .""~h"<i docnmcnt. The Conn Attorn's om"" has reviewed the es. if a llable. '-"""" ---------. . ~.s,;; -8917 /&6" ;) / Yes N/A(Not (Initial) licable) cfl~ - IJIIi ~ C-m[ - , ,V / f1 ()rIt ~ - County - BCC l'otmsI OrigiDal ""'"'~~~ RouliDc SlltJ WWS Oricioal9.03.04, Revised 1.26.0~. RevUcd U4.0~ 16['5 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008, The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 39492680009 16E") AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MANUEL PALACIOS, a married man, AND AIDA JAUREGUI, a married woman, whose address is 4740 NW 19151 Street, Miami Gardens, FL 33055-2565, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Seventy Eight Thousand One Hundred One Dollars and 00/100 dollars ($78,101.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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 1 CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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 Internal 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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, 3,0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, 2 QI'5\OS L\.,'7 --~-- CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 thirty (30) 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 thirty (30) 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 3 'i)151()~ ;" V '*' , ~ CONSERVATION COLLIER Property Identification No. 39492680009 16E ; 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V, INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4, The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller 4 CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 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 its investigations and the contingencies of this Article V 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. 5.03 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, VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 5 CONSERVATION COLLIER Properly Identification No. 39492680009 16E 5 notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding, 10,012 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. 10,013 The warranties set forth in this paragraph 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. 10,014 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. 6 (1)f'c,iv" .: (7 "Y' CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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. 10.019 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, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement 7 Qjl5\,\)'> '" ().J; '.'l: CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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 10.021 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. 10.022 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. 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 8 C11ISjO'" 'J.;;Y CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 XL NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M, Erb, SRIVVA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Manuel Palacios Aida Jauregui 4740 NW 19151 Street Miami Gardens, FL 33055-2565 Telephone number: 561-383-6801 Fax number: IV I fl 11,02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12,01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, 9 '1115)~ :).Q-f:> CONSERVATION COLLIER Property Identification No. 39492680009 16 E "'5 XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 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. 13,03 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, 13.04 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, 13.05 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. 13,06 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. 13.07 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. 13,08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13,09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida 10 CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida, XIV, ENTIRE AGREEMENT 14,01 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 of this Agreement IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: vea InbA'r /lj, ~tJo8 ~~t?la /Ve'P1 # /!..6"5 AS TO PURC DATED: ATTEST: DWIGHt E' BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , " man 11 c, \\5\0'" <;i-'l." CONSERVATION COLLIER Property Identification No. 39492680009 AS TO SELLER: DATED: lo-/-~8 WITNESSES: clJt~fl3u.r~) (Signaturey dl/1 S ;3RI0Y7t75 (Printed Name) "3RIc-LLjy! JiA~--, (Signature) Il-;cI(-1 S. I//escos (Printed Name) WITNESSES: l2ut@L (Signature) tR \ 01\ Yi~\ ONtS (Printed Name) ':rl~R.~ (Signature) !0 4J 1;3 L. f2.9 .sa r~ (Printed Name) Approved as to form and legal sufficiency: ~ili ~ J nifer A. Belpedio Assistant County Attorney 16E 5 /i~ / ~I /;:~ I .l~t',~ '.t1 /4~leVL L MANU L PALACIOS ~~jilN- AIDA JAU EGUI , 12 '1\6\11 l.Y ._,_,.__",..,__I,__ CONSERVATION COLLIER Property Identification No. 39492680009 16E 5 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39492680009 LEGAL DESCRIPTION: THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 31, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 13 '1\\5\~ ~ ....... ~'Z/)nCV7V/~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E' . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim Cll pinl: paper. Allad1lD original "~_r Original "~_N 3lICllJd be baad d.eJivefOd lD the Boant Office. TheaJlnpldl:d mwins !lip md originnj "~-.. ate lD btolixwm!.d.lD tI1c Boazd.Offia= ODIy!Qg:tI1cBcamhas tlJa:a....wa.0ll!be il<m.J . . . . ... .. ' . ROUTINGSLIP ,. . Complete ttl1Iliq liD= Illbrcu&h 114 as '!JPlOIllDlc lixodditiaW ';iI"'~ dales, zadlormmr....riCllll=dl:d..ltlhe "~-'is otlrc1dy aJInPlete with tI1c dca atlhe'""""'-'s ' dr.r,...1iDc I!nou _ 1iDc:r#1 thrau tl4, lete lhec:hccldlst; md fi:xward to S~Filscn (liDc!I5J, . Route to Addressee(s) . Office Initials Date (Listinroutin ardcr). .,_. 1. (. 6 2. 3. ... 4. 5. Sue Filson. Executive Manager Board of County Commission= 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT'INFORMATION ("!be priDwy """'"'" is tI1c boJdcr of tile origiDal rl.,...~_, p=diDc Bee approval. Normally tile primary CCD= is tile P""Cll wba CI'C1lI:dIprcpated tI1c e>:c:cutive SlIDUZIIry, Primuy -= iu!cnmui0ll is - iD !be CvaIt QIIC of tile -= :Ibovc. iDcllldiDC Sue IilsOIl. cccd lD "!'ll= S13if fer _ or toissing iDfanzwioa. All orisinal d~~-N llCClWIl tI1c Bce Cllaimmo', sip- "'" lD be dcUvercd to tI1c Bee aflicc only afo:r!be Bee has oacd to approve tI1c it=a.) . ~~~fPrimary Staff E ..--\.::, Phone Number ~02 _ B91? Agenda Dace Item WlI.1 Agenda Icem Number A ved b theBCC It; g Type of DO<:Ument Number of Original Atrached Documents Attached lNSTRUcrrONS & CHECKLIST Initial the Yes column or mark "NI A" in the NOl Applicable colwnn. wbichcver is Yes WA(Nol (Initial) licable) 1.. Original doc:ument has been sig=lrlllilialed fer legal stifficiency. (All rln.-,"n~ to be signed by the Chainnan. with the exception of lIlOst leca:rs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from orrIin.n~. rcsoluliom, ele. sig:ncd by the County A1JrmJty's Office and signature pages from contracts, ~ ctc. chat bave been fully ==cl by all parties =pt the BCC Chairman and Clerk to the Board and I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh mi revisions havc been initialed by the County ly1Drnt:y.' s Office ami all other arties t the BCC Chairman ami the Clc:rk to the Board 3. The Cbai:cpan's signatUre line date has beenentcred as the date ofBCC approval of the doc:ument or the final ne contr3ct date whichever i:s licable. 4. "Sign here" tabs arc placed en the ~V'UIUi.uc pages indicating where the Chairman's si. and initials arc 5. In most cases (some contractll arc an exception), the: original document amllhis routing slip should be provided to Sue Filson in lbc BCC office within 24 hours of BCC approval Some documents arc time scnsilive ami require forwuding to T.n.h..,ec within a certain time frame or the BCC's actions arc nullified. Be.ware of our deadlines! 6. The docnmcnt was approved by the BCC on IJ4'" IJ,IO ~cntcr date) and all changes made during the meeting bave been lncorporateil. ul the ath.-h...l docnmcnl. The Coon Attoru 's Office has reviewed the os. if a licable. .~ - flJlfl t eAt -- , ~ tv/II (/ftJt ~ FamsI County FamsI Bee FamsI OrigiDal Documcaa RoaliDc Slip WWS OriiPmJ 9,03.04, RcvUcd l,26,Il:!. Revis=! U4,1l:! '. 16E ~6 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (I) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between RICHARD F. BERMAN, AS TO 50%, whose address is 611 1s1 Street SW, Naples, FL 34117, AND FRANK J. CELSNAK AND MARLENE J. CELSNAK, AS TRUSTEES UlD/T (OR UlA) DATED DECEMBER 27,1991, AS TO 50%, ALL AS TENANTS IN COMMON, whose address is 23133 Oakglen Lane, Bonita Springs, FL 34135-2010, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"), WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2,01 The purchase price (the "Purchase Price") for the Property shall be Eighteen Thousand Six Hundred Sixty Eight Dollars and 00/100 dollars ($18,668.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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. 1 ~. '1\3o,J' CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 (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 Internal 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 2 ~ ...\)O\'V 16E 6 CONSERVATION COLLIER Property Identification No. 39957800007 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 thirty (30) 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4, The Property can be utilized for its intended use and purpose in the Conservation Collier program, 5.02 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 waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, 3 ~ ~'6 ....;:t CONSERVATION COLLIER Property Identification No. 39957800007 16f '6 it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V 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, 5.03 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. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9,02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9,03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 4 ).~ ,,~o" CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 10.01 Seller and Purchaser represent and warrant the following: 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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. 10,013 The warranties set forth in this paragraph 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 10,014 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 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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, C J ~ 0.,,'< CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 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. 10.019 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, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay.back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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, 10,022 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. 10.023 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. 10,024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with 6 ~ I>,Q ....\;J CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Richard F, Berman 611 1st Street SW Naples, FL 34117-5108 Telephone number: 239-352-2376 Fax number: 239-304-5905 If to Seller: Frank J. & Marlene J. Celsnak, Tr. 23133 Oakglen Lane Bonita Springs, FL 34135-2010 Telephone number: 239-949-4653 Fax number: 239-949-4650 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12,01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13,01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. 7 ~ ...." CONSERVATION COLLIER Property Identification No 39957800007 16E 6 13.04 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, 13,05 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. 13.06 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. 13.07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida, XIV, ENTIRE AGREEMENT 14,01 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 of this Agreement IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: ?'\P.l'ONl1h.J" 11. .zDO/:) I ~ IkmitluE& AS TO PURCHASER: DATED: l:fn/dIdI ATTE;:ST:' ,^ DWIGHT E. BROOK Clerk , , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " hairman 8 ~'6 ~o'\ 0.\ CONSERVATION COLLIER Property Identification No. 39957800007 AS TO SELLER: DATED: / () ,8 -Ifr WITNESSES: {1 ~ f1tdb (Si9~ C'l\h1 m.S-b ;?::;~/ (Signature) K.c{?~..raJ ~ r t2P~ (Printed Name) 16E 6 9 "130\0' ~ CONSERVATION COLLIER Property Identification No. 39957800007 16E 6 AS TO SELLER: DATED: 10 -IS-of WITNESSES: U! /(Signa ure) ~G.S""'- \$\ ref (Printed Name) ~({ BY:'/ ..V~/ FRANKJ.CEL K,AS TRUSTEE UtDIT (OR UtA) DATED DECEMBER 27,1991 t~~~;~~/mr~ :Sue.. J,tvl 1i (YY'1V {'{\{)JJI (Printed Name) WITNESSES: /12 115 j1Signature) :::)OS~ }:?'I rG 5 (Printed Name) ~1(1~,- ignat ) 0 BY: Sue. I, fY\ 7..; I Yl t' YlU mnn (Printed Name) Approved as to form and legal sufficiency: ~o g~ Jenn er A Belp~io Assistant County Attorney 10 CONSERVATION COLLIER Property Identification No. 39957800007 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39957800007 LEGAL DESCRIPTION: THE WEST SEVENTY FIVE (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 65, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 1.14 Acres 11 16E 6 "I \30\0' ~ ,j)J ~M~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 f .. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim Cll pinl: paper. Allad1lD original "~_. Oricinal ".,..m_N 3lICllJd be baud d.eJivefOd lD lhe Boant 0lIic:c. The=pJcu:d rouliDs 'lip md originnj "~-"'atelDbe.lixwm!.d.fIltl1cBcamOffia=CDiy!Qg:tboBcamhutlJa:a....wa.Olltl1cil<m.J . . . ... .. . . ROUTING SLIP _ . Completettl1lliqliD= 'llbrcu&hll4as 'l'P"'P'i=ferodditiaW ';p"~ da/=,zadloriDfatmadCllll=dl:d..lttl1c........._'is otlrc1dyaJInPlete wilh!be atlhe '""""'-'. ' dr.I....1iDc _ 1iDc:r#ll!1rcu tl4, lete tI1cc:hccldlst; aid fi:xward lD SutFilscn (liDc!I5J. Route to Addressee(s) . Office Initials Date . in routin ardcr}., 1. PRIMARY CONTACT'INFORMATION (Thd priDwy """'"'" is !be Iul_ of tI1c origiDaI ,,~-, pClldills Bee approval. N=l1y tI1c primary CCD= is !be p=sou wlul CI'C1lI:dIprcpa !be exCClldve !lIDlDlmy. Primary COllCICt iuform:uiou is _ in tI1c CY,,", 0IlC of tI1c odd=:sccs .cove. includiuC Sue Filson. lIccd to <;lll= mtr fer _ or:_C iIIfanmdca. All orisinal d~--" llCClWIC tile Bee Cllaimmo', sip_ "'" to be dcUvercd to tI1c Bee otlicc only afo:r!be Bee has oacd to approve tile it=L) Name of Primary Stiff COnlllCt Agenda Dace Item WlI.1 roved b the BCC Type of DO<:Ument Attached ...: 2. 3. 4. 5. Sue Fxlson, Executive Manager Board of County Commission= 6. Minutes and Records Clerk of Court's Office Ir"'\ ~ Phone Number ;z.O(J [5 Agenda Item Number NumbcrofOriginal Documents Attached lNSTRUcrrONS & CHECKLIST Initial ~ Yos column or mark "NI A W in the: Not Applicable colwnn. whichever is 1.. Original doc:ument has been sigacd/inilialed fer legal s,il'ficiency. (All docU1IICIItS to be signed by the Chainnan. with tbc exception of lIlOst letters; must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from ordinancc:s, rcsoluliom. etc. sig:ncd by the County Attorney's OfIjce and signature pages from contracts. agr-m...."3. elC. that bavc been fully ==cl by all parties =pc the BCC Chairman and Clerk to the Board and I Stale Officials.) Alllwldwritten.strikc-throagh ami revisions havc been initialed by the County ~y.' s Office and all other arties the BCC Chairman ami the Clerk to the Board The ("J,'"'T.n's signatUre!inc date has been cnll:red as the date ofBCC approval of the documcnJ: or the final ne tia%ed contract date wbichcver i" licahle. "Sign hcrcw tabs arc placed on the appropriate pages iDdic.aling where the Chairman's si. and initials arc In most cases (some contraclS arc an exception), the: original docnmcnc ami this routing slip should be provided to Sue Filson in the BCC office within 24 houn ofBCC approval Some dJJr.nn~ms arc time scmiIive ami requircIcrwarding to 1'.I1."...ec within a certain time frame or the BCC's actions arc nullified. Be.ware of our i1~."Hn~! The docwnent was approved by the BCC onJ2.j III 12iJtJ~ (enter date) and all chaDges made during the II1CCting have been iDA:orporated ih the a....~hed docnmcnt.. The Conn Attorn s Oflice has reviewed the es, if a Hable. 2. 3. 4. 5. 6. 7 ~,J,;2 -8 /~6 7 t /7 Yes N/A(Not (Initial) licable) cJ00 - IV /Ii t emt - ,em e. evne l: Forms! County I'ozms/ Bee FormsI OrigiDal Docum=cI RowiuC SJ4l WWS Original 9.03.04, lU:visod 1.26.~. RevU<d 2.24.05 16E7 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008, The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between RONALD JACK BORTNICK AND SHERRY K. BORTNICK, also known as SHERRIE K. BORTNICK, his wife, as Tenants by the Entireties, whose address is 6603 Goldsboro Road, Falls Church, VA 22042, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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", II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twelve Thousand Five Hundred Dollars and 00/100 dollars ($12,500.00), (U.S. Currency) payable at time of closing. III. CLOSING 3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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, 1 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 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 Internal 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. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth, 3,02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 2 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. v. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V shall be deemed waived. In 3 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 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, 5.03 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. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX, TERMINATION AND REMEDIES 9.01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 4 CONSERVATION COLLIER Property Identification No. 00229720006 16 E~7 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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, 10.013 The warranties set forth in this paragraph 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. 10,014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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 5 CONSERVATION COLLIER Property Identification No. 00229720006 16E '7 Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 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. 10,020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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 10,021 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. 10.022 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. 10.023 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. 10,024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: 6 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Ronald J, & Sherry Bortnick 6603 Goldsboro Road Falls Church, VA 22042 Telephone number: 703-532-8555 Fax number: 703-533-8788 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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, 13.04 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. 13.05 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. 7 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 13.06 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. 13,07 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, 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida, XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: Ue.~....' ~ J lo08 ~ \~~ Il.AF-1 AS TO PURCHASER: DATED: /.2j/'l/;;bf f ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,..to 'e.lf s 1 gnatur.r-on I II- .. C' irman .C<..~" . r.", VI.. - I . ~ 8 CONSERVATION COLLIER Property Identification No. 00229720006 16E 7 AS TO SELLER: DATED: ()~ !~, ;2 tl cJ 0 WITNESSES: M~ J ~J~ - {}pQ4tJtD S-c '/tJ)LGW77 '\,,\ ~_ \M. \\..G.~v-.- D-J 'W '/ p- t-\. \l i'- l. E- \J \' I (Signature) (!;w.4J.~4. ~ RONALD JACK BORTNICK DATED: 04 K:,/ j2.&cl'ij- WITNESSES: (~~, vlcIJJtlJ.-U - (}MN~'" s, v~ (VT! b\":.o f,I..\ ~~)lJ..~ - ~0N~A ~\jt\hC\.J\l (Signature) "jIU),).-cj;1,.. 6lriA~ SHERRIE K. BORTNICK SHERRY K BORTNICK, also known as Appr'>ved as to form & 1$9al sufflclenc ~Q y (J.44t.. nty tto~ ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLll' 16 i- . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO e: . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . · 8 . Prim Cll pinl: paper. Allad1lD original "~-, Original "~m_N 3lICllJd be baad d.eJivefOd lD lhe Boant Office. TheaJlnpJctcd rouliDs 'lip md originnj "~-NatelDbelixwm!.d.lDlheBcamOffia=CDiy!Qg:tboBcamhastlJa:a....wa.Olltl1cil<m.) . . . .... .. . . ROUTING SLIP . Completettl1lliqliD= #llbrcu&hll4u ~ lbrodditiaWrilll'.......... dares, zadloriDfatmadCllll=dl:d..lttl1cd~~;is otlrc1dyaJInPlete with tI1c dCllattl1cl"l' '.' cfr.a".1iDc lfIrau _ 1iDc:r#1 tI1rou tl4, lete lhec:hccldlst; md fi:xward lDS~Filscn (liDc!I5J. Route to Addressee(s) . Office Initials Date (List in routin order) ,.'. 1. PRIMARY CONTACT'INFORMATION ('!be priDwy """'"'" is tI1c boJdcr of !be orisUW "~-, peodiDc Bee approval. NCl1lll1J1y tI1c primary CCD= is tI1c p""en who CI'C1lI:dIprcpa tbo executive SlIlIlm:Iry. Primary COllCICl ilIicrm:uion is accdcd ill !be c:vcm llIIC of tI1c addrcs:I_ lbovc. iDcJudilIC Sua Rls<m. aced to """= srafI fer:uldidouaL or_c iIIfanmdca. All orieiDa! "~--., -C'" Bce Cllaimmo', si_ "'" to be dcUvered to tI1c Bce a1Ilcc only afo:r tile Bee has aClCd to approve tI1c ilZm.) Name of Primary Stiff Phone Number ConlllCt Agenda Dace Icem Wll.1 Agenda Item Number ved b the BCC Type of DO<:Ument Number of Original Atrached DOClllllCnts Attached "'": 2. 3. 4. 5. Sue Filson. Executive Manager Board of County Commission= 6. Minutes andRecorcis Clerk of Court's Office 1. lNSTRUcrrONS & CHECKLIST Initial ~ Yes column or mark "'NJ A" in the Net Applicable colwnn. whichever is Original nQ>""on"'Othas been sig=lrlllilialcd fer legal SI;ffi~~ncy. (All docUlIlClltS to be signed by the. Chainnan. with the exception of most Jcttcrs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from ortlinm:cs. rc:soluliom, et.c.. sig:ncd by the County A1JrmJty's Office and signature pages from contracts. "8T"""1'"l1lS.. ctc. chat bave been fully 'X~"M by all parties =pt the BCC Chairman and CIcrk to the Board ami I Stale Officials.) Alllwldwritten.S1Xikc-throngh ami revisions havc been initialed by the County ~y.' s Office ami all other arties t the BCC Chairman ami the Cerk to the Board The rh'n-.p.n's signatUre line date has beenClltcrcd as the date ofBCC approval of the doc:ument or the ti.nal nc tiatcd contract date whichever is licahle. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si. and initials arc In most cases (some co= arc an exception), the original document ami this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval Some dnn="OtS arc time sensitive ami rcquirc't'crwarding to Tan.h..,... within a certain time frame or the BCC's actions arc nullified. Be aware of our n~.,;Hn~! The doCllJDCnt was approved by the BCC on 12./ "cflhlA(entsr date) and all c:haDj:es made during the meeting bave been iDcorporated m the a_~hod doc:nmcnt. The Conn Attorn '3 Office has reviewed the es. if a liable. 2. 3. 4. 5. 6. ---- ;;.. Yes N1A(Not (Initial) licable) C11/~- . . tU /11 vnt. L , ;U /~ .,. Cmt ~ Forms! County FomW Bce _ OrigiDal nnr._~" RmlliDc Slip wws OricDW 9.03.04, Revised 1.26.OS. R..ucd 2.2<.O~ 16[ 8 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008, The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 00229080005 16[ 8 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between CHARLES A. DARBY AND CHARLOTTE T. DARBY, TRUSTEES OF THE DARBY REVOCABLE TRUST, UITID NOVEMBER 7,1997, whose address is 276 Beach Court, Palm Harbor, FL 34684, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twelve Thousand Five Hundred Dollars and 00/100 dollars ($12,500.00), (U.S, Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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. 1 CONSERVATION COLLIER Property Identification No 00229080005 16E 8 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 Internal 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, 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3,02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 2 ~\I{; 1()1, ~ CONSERVATION COLLIER Property Identification No. 00229080005 16[ 8 title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5,01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2, There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program, 5,02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V shall be deemed waived. In 3 "N~\D~ "'ifrJP CONSERVATION COLLIER Property Identification No. 00229080005 16[ 8 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. 5.03 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. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX, TERMINATION AND REMEDIES 9,01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 4 'W~lo~ 'tr09 CONSERVATION COLLIER Properly Identification No. 00229080005 16E 8 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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 5 CONSERVATION COLLIER Property Identification No 00229080005 15E 8 Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10,019 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, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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. 10.022 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, 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: 6 CONSERVATION COLLIER Property Identification No 00229080005 16E 8 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SRIWA. Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Charles A. & Charlotte T. Darby, Tr. 276 Beach Court Palm Harbor, FL 34684 Telephone number: 727-785-9159 Fax number: N III 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13,01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. 13.04 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. 13.05 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. 7 CONSERVATION COLLIER Property Identification No. 00229080005 16E 8 13,06 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. 13.07 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, 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13,09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: -{)ef'11nDV /(4 dtM8 @~ /,jJm "# /ui,p DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: airman 8 ~\I~IV' ~ CONSERVATION COLLIER Property Identification No, 00229080005 AS TO SELLER: DATED: ItJ//2/0e / ~ESSES: ~~~ ~c-t:::L, o.-UG6 (Signature~It-1)"fA r;, B.+-.f-u., <!.- ~,~ - ~. k;f (Printed Name) nl~0),;s:Ji) (Signature) n 1~'flfc),0 ~. Bf1.S]; S (Printed Name) (..V.t8~ igWtW<rlio".:) ~. B 1fi..s ftil~/, I-I c {J1i6lf (Pr n ed Name) I ck'4.,-~ L~~ ~ature) K. A-1Du I.A r, &A.J-L~ (Printed Name) Approved as to form and legal sufficiency: Je ifer A. Belped Assistant County A 16E 8 D CHARLES A. DARBY, TRUSTEE F THE DARBY REVOCABLE TRUST, UfTlD NOVEMBER 7, 1997 T CHARLOTTE T. DARBY, TRUST OF THE DARBY REVOCABLE TRU T, UfTlD NOVEMBER 7, 1997 9 CONSERVATION COLLIER Property Identification No. 00229080005 16E 8 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00229080005 LEGAL DESCRIPTION: THE EAST HALF OF BLOCK 43, APPROXIMATELY 5 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED AS: THE EAST HALF (E Y2) OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. 10 ~ ()o.."'~ G.iei ~f' '... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16[. . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ... Prim Cll piDi: paper. Allad1lD original "~_r Originnj "~-.. 3lICllJd be baad d.eJivefOd lD lhe Boant Office. TheaJInpldl:d rouliDs sllp md originnj "~-"atelDbelixwm!.d.!lltl1cBoomOffia=CDiy!Qg:tboBoudhastlJa:a....wa.Olltl1cil<m.J . . , ... .. . . . . ROUTING SLIP ' . Complete ttl1Iliq liD= #llbrcu&h 114 IS ~ b- odditiaW si_ dales, zadlor iDfatmadCllll=dl:d..lt tI1c d"""':_; is otlrc1dy aJInPlete widl!be dOllatlhe'""""'-'.' dn....liDclhlou _ 1iDc:r#ll!Ircu tl4, letethcc:hccldlst;mdfi:xwardlDS~Filscn(liDc!I5J. Route to Addressee(s) . Office Initials Date . in routin order). >,_. , 1. PRIMARY CONTACT'INFORMATION (The priDwy """'"'" is tI1c boJdcr of tI1c cripaI ,,~-, pClldiuc Bee approval. NCl1llaJ1y tI1c primary CCD= is tile p""oo wba CI'C1lI:dIprcpa tI1c =tive SlIlllmlIry. Pri-.y -- ~ is - ill tI1c....t cae of !be addn:ssecs lbove. iDcJudinC Sue Filsou. aced to ~m1flbr_ or OIissinC iDfomwico. All orisinal "~~-.. accdiDC tile Bee Cllaimmo', si_ "'" to be dcUvc:rcd to tI1c Bee otlicc only afo:r tI1c Bee has oacd to approve !be itcm.) Name of Primary Stiff ConlllCt Agenda Dace Item WlI.1 ved b the BCC Type of DO<:Ument Attached \,.... 2. 3. 4. 5. Sue FIlson. Executive Manager Board of County Commission= 6. Minutes and Records Clerk of Court's Office Number of Original Documents Attached Phone Number Agenda Item Number lNSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the: Not Applicable colwnn. whichever is . . 1. Original doc:ument has been siaDedl'n;ri.I...-I fer legal stifficicncy. (All docUlIlClltS to be signed by the Chainnan. with lhc exception of lIlOst Jcttcrs. must be reviewed ami signed !iy the Oflicc of the County Ar1Drney. This includes signature pages from crrl;no",.,.,. rcsoluliom. etc. sig:ncd by the County A.I:rorocy's Office and signature pages from contracts, ~-'1. elC. chat bavc been fully ==cl by all parties except the BCC Chairman and Cc:rlc to the Board and I Stale Officials.) 2. Alllwldwritten.S1Xikc-throngh ami rcvmons havc been initialed by the County ~y.' s Office and all other arties the BCC Chairman ami the Clerk to the Board 3. The n.o"von's ';gt'Oh't': liac date has been entered as the date ofBCC approval ofthc document or the final ne tiatcd contract date whichever is licable. 4. "Sign here" tabs arc pIaccd en the appropriate pages iDdicating where the Chairman's si and initials arc S. In Iilost cascs (some co= arc 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 rl""'nn"'IltS arc time SCIlSilive ami rcquirc'torwarding to T,l1oh..~... within a certain time D:= or the BCC's actions arc nnlHfi...-l Be.ware of our n~.rll;n.".! 6. The d"""rnmt was approved by the Bee an enter date) and all changes made during the meeting have been lncorpo . the .....~b..a. document. The Conn Attorn 's Office has reviewed the es. if a Dable. c2S52 ~ /Ob? / Yes WA (Not (Initial) licablc) ~~ ~J/J C4f1e. CA71t , - , N)IJ Cint t FamsI Cowuy FamsI Bce FamsI OrigiDallW-mn~n RoaliDs SUp wws Ori(inal9.03.04, Revised 1.16.OS. Revis<d 2.24.0S J6( 9 MEMORANDUM DATE: December 16, 2008 TO: Cindy Erb, Sr, Property Acquisition Specialist Real Estate Services Department FROM: Martha Vergara, Deputy Clerk Minutes & Records Department RE: Agreement for Sale & Purchase (Schaab, Griffin, Darby, Bortnick, Berman/Celsnak, Palacios, Mer, Gonzalez, Depestre- Coba, Tucker) Enclosed please find one (1) originals of the above referenced document (Agenda Item #s 16E 1 thru 10), adopted by the Board of County Commissioners on Tuesday, December 16, 2008, The Minutes and Records Department has retained an original for the Board's Official Records If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. Enclosure CONSERVATION COLLIER Property Identification No. 00231080006 J6( 9 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between OlA PHilLIPS GRIFFIN, ALSO KNOWN AS OlA MAE GRIFFIN, an unmarried widow, whose address is c/o Judy Marlene Griffin Wolfe, Attorney-in-Fact, 1813 Claude Austin Road, Monroe, NC 28112, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I 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". II PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twelve Thousand Five Hundred Dollars and 00/100 dollars ($12,500.00), (U.S. Currency) payable at time of closing. III CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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: CONSERVATION COLLIER Property Identification No. 00231080006 16t 9 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 Internal 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, 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, CONSERVATION COLLIER Property Identification No 00231080006 16( 9 title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. CONSERVATION COLLIER Property Identification No 00231080006 16[ 9 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. 5.03 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. VI INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient CONSERVATION COLLIER Property Identification No. 00231080006 16[ 9 10.011 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. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. CONSERVATION COLLIER Property Identification No. 00231080006 16[ 9 Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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. 10.022 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. 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER Property Identification No 00231080006 16r 9 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Marlene Wolfe 1813 Claude Austin Road Monroe, NC 28112 Telephone number: 704-764-7861 Fax number: AJ J A , 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. CONSERVATION COLLIER Property Identification No. 00231080006 16[ 9 13.06 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. 13.07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: ~lm\ ~or l~ lbl.roS?> ~1\.&t). ,~~ J /.pc q AS TO PURCHASEB: DATED: JltI;l1ff ATTEST: . . DWIGHT E. BROCl\ Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA !!L~ TOM HENNIN, airman CONSERVATION COLLIER Property Identification No. 00231080006 AS TO SELLER: DATED: 10 -u - gocy WITNESSES: ~~ // . -"\J~"\L:)..AA..'______ (Signature) \ Y K"fAI'l t50sv IN?, (Printed Name) I / /';~~ ~ture;; ~;;y", I') Nu S5 (Prin't d Name) I Approved as to form and legal sufficiency: 2&' Je~Qr-A. B~dio Assistant County Attorney 16[ 9 BY: ' ~ .l(. - CONSERVATION COLLIER Property Identification No. 00231080006 16E 9 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00231080006 LEGAL DESCRIPTION: THE SOUTH ONE-HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST THIRTY (30') FEET THEREOF, RESERVED FOR ROAD PURPOSES, COMPRISING OF 5 ACRES, MORE OR LESS. ",.: ./6~ ./0 ~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL. ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE . Prilu OIl pink paper. AItIdIIlI original "~_. Original "~m_N ohOIlld be baad deliveml III the Board 0lIicc.. ~ccmp/<ll:d rouliDg illp lIIld originnl ~~-"_llIbofcrwm!od.llItheBoardOtli<:oOlllyY!!l:l!IeBoudhasl:lJa:a.aclim.OZltheill:m.) . . . .. . . ROUTING SLIP . Camp..................t dlrou&hll4as ~ lbraddilimal<lV"-. dales, mdloriDfamwiOlla=led..Itl!le".......:_;.is .ucdyCClllplcle widl the dOll o{"the .............'. . dmu IiIIc rocliD ......1 #4, Jco: the dIcckIist; md tbrwam III S...Filsaa (IiIIe ffi. Route to Addressee(s) . Office Initials Date (Ilstillraudn order) '. ". L ." 2. 3. 4. .... 5. Sue FIlson, Executive Manager Board of County Commissioners , 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ('I'b. primuy -= is l!Ie bolder of the ali&iml1~--' pemling Bce appraYUl. Normally the primuy CODClCt is tho P""'Oll wbo c::cor.dIpropm:d tho executive """"""Y. Pri-.y __ iDD>rmad0ll is _ in tho 0VCI1t... of tho odd=scos :bave. iDc:JudiIlg Sua filsaa. cccd III <;JllClCt ~ lbr llddidallIl or I1liuing ilItamwiaa. All original ".,...-.. cccdiIlg l!Ie Bee ClIal:mm'. sigDlUllrC.... III be delIv<=d '" d1c Bee otlicc aaly:Ul.r the Bec has lII:Il:d III approve d1c irem.) Name of Primary Slaff Conlact Agenda Date Item was ved b the BCC Type of Document AIlached Number of Original Documents Attached Phone Number &-: dsd - 8 It., /7 Agenda Item Number INSTRUCTIONS & CHECKLIST Initial tbe Yes column or marl:: "NJ A" in the Not Applicable column., whichever is Yes NlA(Not (Initial) licable} 1. Original document has been sigIlcdI"mitialed fur legal sUffici=y. (All documents 10 be signed by tbe ChainDan, with the exception of IIlOSt letrer3. must be reviewed m:l signed liy!be Of!iee of tbe County Ar1.omt:y. This includes signacure pages from orrlin""""", resolutions. etc.. signed by the County Ar1.omt:y'. Office and signacure pages from con=. agreements, etc.. that have been falIy =uted by aU parties except the BCC Clairm.an and Clerk to the Board and I Slate Officials.) Alllwldwrittca.strilte-tbrough m:l revisions have been initialed by !be County ~y.' s Office and all other arties tbe BCC Chairman and tbe Clerk to tbe Board The C'h"n-v.n's signatUre liae clare has been Clltered III the date ofBCC approval of the document or tbe final ne tia%ed conlr3l:t clare whichever i:s licable. "Sign bere" tabs are placed on the appropriate pages indicating where tbe Cbairman' s si. and initials are In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in tbe BCC office within 24 hours of BCC approvaL Some d.".,="'ll!S are time sensitive and require forwarding to T.I1.h"'ee within a ccrt.a.in time frame or tbe BCC's actions are nullified. Be aware of our ri..,ilinoes! The doc::nment was approved by the BeC onJ.2.j'~ 26>8 (enter date) and all changes made during the meeting have been incorporateii. the s...."hed docnment. The Coan Attorn's Office has reviewed the es. if a licable. QtIt, uot '- 2. 1!l/l1 3. 4. 5. - 'AJJ/J 6. ~ FarmsI County FarmsI Bce _ Ori&iml """~_N RmlliDg sUp WWS Ori!liDal9.03.04, Revised 1.26.0:1. Revised 2.24.0:1 CONSERVATION COLLIER Property Identification No. 00229880001 ./6~ ./0 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BERNARD D. SCHAAB, whose address is 2385 Manchester Lane, Avon Lake, OH 44011-1670, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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, 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Six Thousand Two Hundred Fifty Dollars and 00/100 dollars ($6,250.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, 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 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. 1 CONSERVATION COLLIER Property Identification No. 00229880001 J6[' .(1) 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA 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 thirty (30) days to remedy any defects in order to convey 2 "1/23/01 ..,.r? CONSERVATION COLLIER Property Identification No. 00229880001 J6F 10 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 thirty (30) 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 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 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 sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) 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. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 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 waive the applicable contingencies or to terminate this Agreement. 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 its investigations and the contingencies of this Article V 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 3 'I123log # CONSERVATION COLLIER Property Identification No. 00229880001 J6~ 10 environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 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. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 one-half percent (1/2%) of the purchase price 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 12.01, (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. 9.03 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 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 4 WJ!01 ~ CONSERVATION COLLIER ./ 6 Property Identification No 00229880001 'E" required of each hereunder. Seller is not presently the subject of a pending, ./0 threatened or contemplated bankruptcy proceeding. 10.012 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. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; 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 represents no storage tanks for gasoline or any other substances are or were 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. 10.018 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. 5 'l1~Jo. c? CONSERVATION COLLIER Property Identification No 00229880001 16[" 10 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement 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. 10.021 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. 10.022 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. 10.023 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: 6 '\ 1l.}IO~ ~ CONSERVATION COLLIER Property Identification No. 00229880001 16t 10 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Bernard D. Schaab 2385 Manchester Lane Avon Lake, OH 44011-1670 Telephone number: 440-937-4247 Fax number: 11.02 The addressees and numbers for the purpose of this Article 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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. 13.03 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. 13.04 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. 13.05 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. 7 '1rOi ~ CONSERVATION COLLIER Property Identification No. 00229880001 16[10 13.06 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. 13.07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: '"De.c p ",,;no.- 'l.J.) ).."08 ~~ \ -\-e-ndt I (P'; ID AS TO PURCHASER: DATED: ~~~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y: irman . t :' .~'" .~, ..~ '-'.' A .., to CI),a\t Ollat..... ,9111.. .. , . :: i:; ~; i ..) \... 8 ,\\'2.1[0'1; ~ CONSERVATION COLLIER Property Identification No. 00229880001 AS TO SELLER: DATED: )0-/- tJ'8 WITNESSES: r,/ l~' ~ \ (Signature) ~'-\ D~"""~ (Printed Name) \ ~(}/f1A\P, Dt?/y}l ~ (' ature) ~)()j/) t/() ~m 10 ~ (Printed Name) Approved as to form and legal sufficiency: Jen~~~~ Assistant County Attorney LdJ~ BERNARD D. SCHAAB 9 16(10 '. '1\1.-'}IO~ cSJ ~ CONSERVATION COLLIER Property Identification No. 00229880001 16E10 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00229880001 LEGAL DESCRIPTION: EAST HALF (E1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, COMPRISING OF 2 1/2 ACRES, MORE OR LESS, LESS 30 FEET IN THE EAST PORTION, RESERVED FOR ROAD PURPOSES. 10 16Ell ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink paper. Alt1dt to origiIull ~""< OrigiIull ".,.,.m""~ 3houJd be baed dclivcred to tlIc BoaI1i Office. ThteompJaed toutillg ,lip md origiIW "~""~=ll:lbefcrw:mlcd.totllcBoudOtlio:onJy~t!leBoudhascllo=1.actiozLOQtlIci__) . . . .'. .. . . '. ROUTING SLIP. . .'Campleoo lO1llinr Iim:s #llllrourh 114 .. ~ fbr addilima!,;~ dates, mj/ar in1i:ttmatien necdcd..lf tlIc d"""",,,,; i.! :ilie:ldy ccmpI... wilh tlIc den oftllcn..;,.""",'s . dl'awaline I!Irou tolItil! Iincs#llhrou 114. Ide. tlIc c:hecklist and fbrward ll:l SueFiIron (lineffl. to Addressee(s) . Office Initials Date ). .,.,,- .---........ . " PRIMARY CONTACT INFORMATION ('!be primary COI1tIl:t i.! tlIc bolder uf tlIc original doamIcn< p..diDg Bee approval NOlDla!ly tlIc primary COlICICt ls <he penon wbo acued/ploparcd lhe caecudvc samm:ary. Primuy CCI1:act iufarmarioa. is nccdcd in du: event one of the actd:rcssecs above. including Sue Rlsoa. aced to cpntu:t staff for additioaal or missing iII!=lio.. All origiDal doc:umcDrs needing <he BCC ClWzm;m', siglll1C1tC "'" '" be dcliv<=d '" <he Bee office only >iter tlIc Bee has 0ICl0I1 '" approve <he io:m.) Name of Primary Staff Contact Agenda Dare Item was ved b the ECC Type of Document Atmched \,... (1.i5till L "'--......,~"- 2. -. 3. / -, ----~. . ", ~~- 4. 5. Sue FIlson, ve Manager Board of County Commissioners 6. utes and Records Clerk of Court's Office \ N::[)Aj ~T~ J 0/"':' -.........IN- !-_, f{,......--> bEe [tJ\\;'tv. I b LOU 8 Phone Number Agenda Item Number 6 \l. E E(VI ENT Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is I.. Original documeut ha.s been signedl"mitialcd for legal sufficiency. (AIl documents to be signed by the Chairman, with the exception of most lettcl'S; must be reviewed and signed liy the Oflicc of the County Atlxlmey. This iDcludcs signature pages from on:linaJ:lccs. rcsoluliollS, etc. signed by the County Attorney's Office and signature pages from contracts, ~ ctc. that have been fnIIy =utcd by all parties except the BCC Chairman and C1erlc to the Eoard and ssibl StJIte Officials.) 2. AIl bandwrittcn.strikc-throagh and revisions have been initialed by the County ~rney' s Oflicc and all other arties t the BCC Chairman and the Oerk to the Eoarti 3. The Chahlpn's signature line date ha.s been entered as the date ofECC approval of the docu:ment or the final no tiatcd contract date whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si and initials arc 5. In rilost cases (some contnct3 arc an exception), the original docnmcnt and this routing slip should be provided to Sue Ftlson in the BCC office within 24 hours ofECC approval. Some do<->""'~nts are time sensitive and rcqnire 'forwarding to TalJahassee within a certain time frame or the ECC's actions arc nullliicd. Be aware of our deadlines! 6. The docnment was approved by the BeC on J 2 - 1(- DB (enter date) and all chanj:es made durlDg the meeting bave been incorporated in the attached docnment. The Coun Attorn s Officc has reviewed the os. it a liable. ~ -..-- '. '''--, -. -- /c-? g~71 ct L.___.JL i b [: 1\ \ Yes (Initial) WAtNot licable) :\Y) \ <,) "-.j- ~ ) ,~D :J\~ \,-:.-.' '~ ;> ,-=5~ ::::sss l: FonmI County FormsI Bee FormsI Qrigicallloc:uau:na Rowing Slip WWS Original 9.03.04, Revised 1-26.05, Revised 2.24.0~ 16fl1 AGREEMENT THIS AGREEMENT made this \ ~1\- day of IJzceJ'I\lwr , 2008 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, whose mailing address is 14575 Collier Boulevard, Naples, Florida 34119, (hereinafter referred to as "District"). WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc f1k/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area know as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of above described Property; and WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 70 Fire Shelters and 6 Practice Shelters, 22 VHF Portable Radios, 22 VHF Portable Radio Batteries, 1 VHF Repeater, 1 40-1 Watt for Repeater, 1 Duplexer, 1 Conventional Software Package and 1 Portable Radio Software Package (hereinafter referred to as "Equipment") to be used by the Firefighters in the Golden Gate Fire Control and Rescue District; and WHEREAS, Trustee has determined that the District's request is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for the purchase of the Equipment to assist the District in their service to the residents of Golden Gate Estates; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated III n !01:, approving the use of GAC Land Trust Funds for the purchase of the Equipment for use by the District; and WHEREAS, the District intends to utilize the Equipment immediately upon receipt of the Equipment. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The Trustee agrees to contribute a maximum of forty-seven thousand one hundred fifteen and no/100 dollars ($47,115.00) to be expended by the District for the purpose of purchasing Equipment. 2. The District agrees and warrants that the Funds will be used solely for said purchase to provide the District with Equipment necessary for their duties in serving the residents of Golden Gate Estates. 3. The District hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to ordering or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds to the District for the purchase of the Equipment shall be in accordance with the following: A. The Trustee shall make available the Funds (47,115.00) for the purchase of the Equipment following approval of this Agreement by the Board of County Commissioners of Collier County, Florida. Said reimbursement payment shall by made within thirty (30) days of receipt of appropriate verification as stated below by the Trustee, with copy to the Real Property Management Department Manager, of said verification 16EIl B. The District or its designee shall: (a) Provide the Real Property Management Manager, copies of all invoices, purchase orders or other documentation which shall clearly state the purposes of said expenditure. Only those invoices which clearly state expenditures associated with the purchase of the Equipment shall be approved. Payment(s) shall be approved upon satisfactory review by the Real Property Management Manager and shall be made payable directly to the appropriate vendor. (b) A letter from the District, signed by the Chairperson, stating that the equipment has been received and accepted in good order and directing the County to reimburse the District, each invoice for purposes specified in paragraph 1. In no way shall the amount to be paid exceed $47,115.00. C. Within thirty (30) days after receipt and approval of the above described documentation, a County warrant for payment shall be prepared and made payable to the District by the County. D Upon completion of the purchase of the Equipment, the District or its designee shall: (1) Promptly forward a letter to the Trustee stating that money from the GAC land Trust has been used for the purpose of purchasing the Equipment and that all payments have been disbursed in accordance with the Agreement; and (2) Refund to Trustee any and all Funds, or any portion thereof, not utilized for said purchase shall be deposited directly into the GAC land Trust Fund 605. E. The District covenants and agrees that upon the payment of all or any portion from the funds in accordance with the obligation contained in this Agreement, it shall be the further obligation of the District to pay any remaining balance required for the purchase of the Equipment. F. All funds requested in accordance with this paragraph shall be disbursed within twelve (12) months of the execution of this Agreement by both parties. In the event that the Equipment is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed upon by the parties that the District shall refund or repay to Trustee, within thirty (30) days, any and all funds which have been provided to the District pursuant to the provisions of the 1983 Agreement. 5. The District agrees to protect, defend, indemnify and hold the Trustee harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the funds or the selection, purchase, delivery or installation or use of the Equipment by the District, its agents, employees, or in any way related to the Equipment by the District, its agents, employees or any third party. 6. The District understands and agrees that the funds to be provided to Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAC land Trust and that such funds are currently in Fund 605-122390 (The GAC land Trust Sales Fund). 7. The District agrees that the following purchase of Equipment shall be used primarily for servicing the geographical area commonly known as "Golden Gate Estates". 8. of Florida. This Agreement is governed and construed in accordance with the laws of the State 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT: Golden Gate Fire Control and Rescue District 14575 Collier Boulevard Naples, Fl 34119 IF TO THE TRUSTEE: Collier County c/o Real Property Management Building W 3301 Tamiami Trail East Naples, Fl 34112 16El1 ,10. In the event that the Equipment ceases to be utilized by the District as described in Paragraph 2, the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the District as described in Paragraph 2. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Equipment or upon mutual agreement of the County and the District. 11. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on the day and year first above written. ~~;~D~~~~/4;:p ATTE9T:" .... '.: DWIQI'lT E. BrWC~clatk I ' ", " AS TO GO AND RES DATED: EN GATE FIRE CONTROL E DISTRICT \ - \ <;) - GOLDEN GATE FIRE CONTROL AND RESCU~.~~J I By C .1tJjCU~ CHUCK MCMAHON, Chairman By: DAVID STEDMAN, Secretary Approved as to form and legal sufficiency: 16E13 MEMORANDUM Date: December 24, 2008 To: Bradley Muckel, Operations Mgr. Immokalee CRA From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Change Order Attached please find one (1) copy of the document referenced above, (Agenda Items #16E13 (BCC)/ #16Gl(CRA)), which was approved by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original documents for the Official Record of the Board of County Commissioners, If you have any questions, please call me at 252-7240. Thank you. Enclosure 16E13 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 08-5073 BCC Date: 06/24/08 Agenda Item: 16.F.7 & 16.G.10 TO: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 DATE: PROJECT NAME: Immokalee CRA Master Plan & Related Services Under our AGREEMENT dated June 24, 2008. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: To add to the Scope of Services the development of a Public Real Plan. FOR THE Additive Sum of: One hundred sixtv-five thousand five hundred dollars ($165,500.00). Original Agreement Amount $ 386.1 75.00 Sum of Previous Changes $ -0- This Change Order Adds $ 165,500.00 Present Agreement Amount $ 551.675.00 The time for completion shall be (increase or decrease) by ....:!2::.... calendar days due to this Change Order. Accordingly, the Contract Time is now N/A U calendar days. The substantial completion date is N/A and the final completion date is November 20, 2009. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: /bl/5 I ,2008 CONTRACTOR: RWA, Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~ Robert J. Mulhere, AICP DEPAR',rMENT 0 . By: ~""'.':1,I2t; Date: ,1lV' ;':'~l 0"" .... ATTEST: - " ""'" .'-i Dwi h(E, Brb k, Cie'rk'l ~ " \._"'\ _ , . ,,";, ",) /1 Ii , _ .) I)i c...~.", . ~_Z{"l( "tc' k~.[.LL(e Ie,' '~t~c, "/ + 'f :J Print Name: J ("vri 1'."1 (" v) LT,/i: 1'1 - ..::> 1:'1/ ,ok Assistant County A omey J DIVISION ADMINISTRATOR16 E 13 By: N/A CONTRACT SPECIALIST '1 B, c;iJw: 1II (() ~ t . ood BOARD OF COUNTY COMMISSIONERS OF COLLIER C~!lNT>f ORillA ,/ .t. BY: (" ~..... 16E13 ~~: -10 BeG ~d -1$ /rtf.. CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Immokllee CRA Maolllr PI1In PROJECT #: PROJECT MANAGER: Pennv PhlnlDDI WORK ORDER I: BIDlRFP II: oe.&073_MOO': 1 DEPARTMENT:_lmmobloa CRA !'Of: CDNTRACTORIFlRM NAME: RWA. Inc. Cunent IICC Approved Amount: $ 388.178.00 (SlIrting Point) $ 388.171.00 (uan"'al Amount Approved by the BCC) Original Contract Amount; Current Contract Amount: $ 38617800 (Including All Change. Prior To ThIs MocIIfiratIon) $ 181.1iOO.OO Chango Amount: Ro....d ComractlWork Ordor Amount: $ 5e1.67e.OO Qncludlng llllo Chang. Older) CumullUve Dollar Voluo 01 Chang.a t. 11110 ConlroGtlWork Order: $ 186.600.00 Dale 01 lnt BCC Approvol llI2~IOB Agendlllem' lB.F.7 & 16.G 10 Percentage of the chllnge overlunder cmT8nt contract amount Formula; (RevIled Amount I lest Bee approved amounl)- I CURRENT COMPLETION DATE (5); ORIGINAL: 11/17109 429 % CURRENT: 111201119 Delerlbe the change(a): To add a Public Reelm Plan to the 8C008 01 Servlc.. 8pecl'y Ihe reasona for the change(s) l< 1. Plenned or Elective (' 2. Unf0l'll8e8n ConditIons r 3. Quentlty AdJuetments r 4. Correction of ErroN (Plane, Speclllcatlons or Scopa of Workl r I. Velue Added r 6. Schedule AdJustmants Nota: One or more may be ehackad, depending on tha netura of the change(e). -. IdenUry all negative ImPRle 10 the proJecllf thle change order were not proceeaed: l.and De.eloomen! Cod.. would h..,eto be amended If lhe Public Rul Plan 18 done alter LDC orlalnal work eomoleted. This change was requaatad by: rlcontractor/Consultant x Owner n Using Dspartmsnt C COES COeelgn Profe6Slonal rJRegulalory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes X No This form Is to be sl oale:fi.1. 15' f .-ntr Dala: In - 16 - oS APPROVED BY: REVIEWED BY: Revised 11.19.2007 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~ rJ ; . . .. TO ACCOMPANY ALL ORIGINAL DOCUl\1ENTS SENT TO ~ 4 . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Pt:im:0I1 pink paper. Alt1Ch 10 original d~~r Original rl~m~" 3lm1d be baad dclivem1to <lie Board Office.. ThtcompJoted roulil!g slip and original rl~~" are lO be. furwarded lO <lie Board Offia: only atlcr 1llc Board has CLIa:lI.aaioa. on <lie i"""-) . '. . .. ROUTING SLIP . _ . . Campldo raaling li=I'll!lroa&h t4 .. 'l'l""Pri= fur addiliaW sipallll<S. dates, -Vor infcmwiOl1l1<=1cd..lt l1u: rl~~"i.! olI=dy compl= witl1l1u: -don ot'<lIe n..m-..-'s . dr.lw. Iin. tbrou'" 1'llIIlin.linedllllrcu....t4, ~"",,<lIec!l=l:li.u; mdfurwardlOS~FWon (liccfS). Route to Addressee(s) . Office Initials Date (I.i.!tillroutin..onIcr)' . ""." . 1. /~ , / 2. ~,~ .. ,/' " ./' 3. :/' .~ .. ~~/ 4. ~~ 5. Slit?Frlson, Executive Manager Board of County Commissioners . , 6. Minutes and Records Cleric of Court's Office - PRIMARY CONTACT. INFORMATION ('!be primary __ i.! l1u: boJdcr of l1u: origiDal documcIl'pClldillg BCC appnowt. NommJIy l1u: primary = is lb. p= woo ~ l1u: execudve .summAry. Primary coam= iut'cnzwioa. is ttc:cdcd ia the event cae of rbc :u:ldre:ssces above. inc:1wiing Sue Filsoa... need. to cpDtlC:..staff for additiOllll or missing iDl'almadou. All arigill.al dcc:umca1S DccdiIlg dlc Bce ClIllirmalI', sip""" ore to be dcUvcred "' l1u: BCe oflic: only oftcr tllc BCC has acIO<IlO _ tllc i-.) Name of Primary Staff Contact Agenda Date Item was ved b die BCe Type otDocument Atw:hed \,., 'v '" )" . I I ^---l. _~\ c) C-0 ' Phone Number // c' /.) ...2.-(1 J ,- , Agenda Item Number / L (" j. ~"- 11? ..sA.) Number of Original Documents Attached <f'- INSTRUCTIONS & CHECKLIST Initial the Yes column or made 'W A" in the Not Applicable column, whichever is 1.. Original document has been signedl'miti.aled for legal sUfficiency. (All documents to be signed by the Chairman, with the exception of most letters; ~Ust be reviewed and signed liy the Office of the County Anomey. This i:acludes signature pages from ordinazJces, resolutions, el:C. signed by the Co~ty A1:lr:1roty's Office and signature pages from contras::ts, agr-.m....ts" etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ssibI Slate Officials.) 2. An hamiwritten.strike-throngh and revisions have been initialed by the County 4=<'y.' s Office and aU other arties t the Bee Cbairman and the Clerk to the Board 3. The r'hon-,.on's signature line date has been entered as the date ofBCe approval of the document or the tinalne tiated contract date whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman' s si and initials are r 5. In rilost cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of BCe approval. Some dormn~nts are time sensitive and require forwarding to Tallabassee within a certain time frame or the BCe's actions are nulJified. Be a of our deadlines! 6. The document........ approved by the Bee an I." / d I (enter date) and all changes made dnxiDg the meetiug bave been incorporated in the attached document. The Coun Attorn's Office bas ....viewed the .... it a licable. 7;/') j' (j E / ~ Yes (Initial) WA(Not 1icable) r\l "J ~ FarmsI Cawu:y _ BCC Fotm5I OrigiDal!locumcDa RowiDg Slip WWS Origina19.03.04. Rcvi3cd 1.26.05. RevUcd 2.24.05 MEMORANDUM Date: April 8, 2009 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-365 and Lease Agreement with Representative Matt Hudson Attached for your records is one (1) copy of the document, referenced above (Agenda Item #16EI4) approved by the Board of County Commissioners on Tuesday, December 16, 2008. If you should have any questions, please contact me at 252-8411. Thank you. Attachments J.6t.14 RESOLUTION No. 2008 _ 365 16E14 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE MATT HUDSON FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative Matt Hudson ('Representative') desires to lease an office space on the second floor of the Administration Building, Suite 2 I 2, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a State government office, WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Representative's election term. The Lease provides for automatic two (2) year renewal terms, pending the Representative's re-election to this office. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property IS required for the Representative's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative Matt Hudson. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this '(ol--day of 1'0,,( (1)(, /I.l.z)..--_ after motion, second and majority vote, , 2008 ATTEST: 'C" DWIGH~,f;ji~'(jC~'9grk BOARD OF COUNT COMMISSIONERS COLLIER 0 , FLORIDA B : ~!Y cret~i:} . AtteSt. ... U " 11g1llt.-i '.l','\'.c' Approved as to form and legal sufficiency: Item # { fo1::.lV ~:,da (zj I (p kf6 Lease # LEASE AGREEMENT l6E14 Ie. \ THIS LEASE AGREEMENT entered into this ~ day of AJ),.. ( ., 2008, between State Representative Matt Hudson, whose mailing address is Suite 212, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Oem i sed Prem i ses LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Suite 212, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 5, 2008 and ending November 4,2010. LESSEE is granted the option, provided LESSEE is re-elected to the same office, and is not in default of any of the terms of this Lease, to renew same for automatic two (2) year terms, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days wrilten notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Oflice. Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 001100 Cents ($10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE e1eets to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay LESSOR for monthly telephone long distance charges. within thirty (30) days of receipt of invoice. in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S wrilten approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. altera!n~ E14 LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof: LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or sublelling, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or sublelling of the Demised Premises. ARTICLE 8. Indemnitv LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnity, defend and hold hannless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any conditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors. employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof: and the LESSEE agrees to hold the LESSOR hannless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. 2 16i14 LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Managcment Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Agreement. [n addition, LESSEE shall provide and maintain Workcr's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One lIundred Thousand Dollars and Noll 00 Cents ($100,000.00) each accident. ARTICLE 9. Insurance Evidence of such insurance shall be provided to the Collier County Risk Management Department, 330 I East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County clo County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior writlen notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsiblc for notifying the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall requirc that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whercupon receipt of such notice Lessee shall have thirty (30) days in whieh to obtain sueh additional insurance, ARTICLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times ARTICLE 11. Default bv..1.[s'SEJ.: Failure of LESSEE to comply with any provIsIon or covenant of this Lease shall constitute a default and LESSOR may, at its option, terminate this Lease after providing writlen notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Delimit bv LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying whcrein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the lollowing addresses: LESSOR: LESSEE: Board of County Commissioners c/o Real Property Management Building 'w' 330 I East Tamiami Trail Naples, Florida 34112 State Representative Matt Hudson Administration Building, Suite 2] 2 3301 East Tamiami Trail Naples, Florida 341 ] 2 cc: Office ofthe County Attorney Facilities Management Department Director ARTICLE 14. Surn:m,'hT..9LPr.emise, LESSEE shall deliver up and surrendcr to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during thc continuance thereof; ordinary wear and tear and damage by tire or the elements beyond LESSEE'S control excepted. 3 AR'I'ICLE 15. Q,neral Provision,; 16E14 LESSEE expressly agrees for itself: its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rcntal of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this I.ease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environment~Li:!l11cerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including allorneys fees) asserted against, imposed on or incurred by LESSOR 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. ARTICLE 17. Radon,Gas In compliance with Section 404.056. Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. ]CxtenLofLiens All persons 10 whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens f"r improvements made by the LESSEE are specifically prohibited from allaehing to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10. Florida Statutes. ARTICLE 19. Eff~gJjv~ Dat.<; This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. <,Joverning Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: ~ (I ~ , ',. ",,~.i.t~.~-~ '"'Ierk tt.""~~'__~"~~ · , 1 QIIlt.~: 9!\t;ll" 13 COMMISSIONERS , FLORIDA an 4 AS TO LESSEE: DATED:~ '7 (:..t!-.2 em N.1r WITNESS (sig 59..Yldvu..Lt!uvn r'Y)b... f- (print name) _~M~__ ,~~ WITNESS (Signat~' m'?~, ~;_\h__l.J)-J-l=? r/..v (print name) Approved as to !(Jrm and legal sufficiency: -- -B---tiu-------- J nnifer A. Belpedio. Assistant County Altorney ~~ ~ 16E14 5 , . ~ -: 16E15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOMPANY ALL ORIGINAL DOCU1\1ENTS SENT TO THE BOARD OF COUNTY COl\1lVITSSIONERS OFFICE FOR SIGNATURE Prim: 011 pink: paper. Attach to original cWmn"",r: OrigiIml rf'Y"m=r, 3hou1d be hand de1i:vcred. to me Board Office.. The-comp~ routing slip and original rlr.-nm,."" are to be. furwarded. to me Board Offio: cmly !tkt th.c Boani has t:U::cn. action. 011 me it.em..) , , , , " , ., " , , . ROUTINGSLIP ' '_, ,Complete roaring lines Illhroagb. iI4 as appropria.a: fur :a.dditiaIa1.rl~ d.atl:s. and/or informaciOl1 needed.. If me ~etIt'i.s:tlre:1dy complete with me aOll of'tf1c n"m,.""",! . draWl line tbron rcndn lined! tbroa #4, comolctc tf:1c check1Ut and !brward to Sue- FiIsOIl (line~. Route to Addressee(s) , Office Initials Date (List in routin order)';,., ,~ ' L 2. ----- 3. .." . 4. Board. af County Commissioners 6. .Minutes and Records Oerk af Court's Office PR.J1\IfARY CONTACT. INFORMA nON (Th.c primary COIltllCt i:s the holder of the: original ciocmrIl:ut pc:nding Bee appravaL Nan:i:m.Uy the primary COI1C1Cl: is the pcaOI1 woo cre:ucd/pr1:par the c:t=live SllDU2W:y. Primary CCIlClCl: iDt'axmuiOI1 is needed in the eVCl1t 0110 of the ~ccs above. including Sue Filson. need to qanC1Cl: srUI for ilddilicmal or missing infcrmalioo.. AU arigin,DJ doc:umt:nrs needing the Bce OWrman's signa!llre = CO be delivered. to the Bce office only :1ftcr the Bee bas aaed to approve the: ic=a. ) Name of Primary SOlff Contact Agenda Dace Item W~ ved b the BCC Type of Document Att1chcd o g - t> (a"fp Ow jl A Oy A..eJf~ Phone Number ~ 7cj3 JU>. E IS- ~ Agenda Item Number '"t- Number of Original. Documents Attached 2. INSTRUCTIONS & CHECKLIST Initial the Yes column or mad:: "'N/A" in the Not Applicable column. whichever is a . ' 1., Original document has been signedl'mitialcd fur legal stifficiency. (All documents to be signed by the. Chairman. with the exception of most letters;. must be reviewed and signed oy the Office of the County AuDmey. This i:ocludes signature pages from ordinances. J'C$OlutioDS., etc. signed by the Co~ty Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC 01llirman ami Clerk to the Board and I State Officials.) All handwritten.strik.:.tbroag/1 and. revisions have been initialed by the County ~rney.' s Office and all other arties t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date ofBCC approval of the document or the final DC tiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si' and initials are r In ri10st 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 TalI.ahassee within a certain time frame or the BCC's actions are nullified. Be a 0 ur deadlines! The docm:nent was approved by the Bee OD , 2.. enter' date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorn's Office has reviewed the e!, if a liable. Yes (Initial) N/A(Noc liable) 3. 4. 5. 6. 1: FonnsI Cauncy FonmI Bee FonmI Origin.a.l Documc:1a RDuring Slip WWS Original 9.03.04. Revised 1.26.05. Remer:! 2.24,05 MEMORANDUM Date: June 3, 2009 To: Michael Dowling, Property Management Specialist Real Property Management From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-366 & Lease Enclosed for your records, please find a copy of the document referenced above (Agenda Item #16E15), adopted by the Board of County Commissioners on Tuesday, December 16, 2008. If you should have any questions, please contact me at 252-8406. Thank you. l'E15 16E15 RESOLUTION No. 2008 - 366 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND ST ATE REPRESENT A TIVE DAVID RIVERA FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative David Rivera ('Representative') desires to lease an office space on the third floor of the Administration Building, Suite 305, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a State government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Representative's election term. The Lease provides for automatic two (2) year renewal terms, pending the Representative's re-election to this office. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property IS required for the Representative's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative David Rivera. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this .J U; ~y of 10~~ after motion, second and majority vote. , 2008 ATTEST: DWIGHT E,. BROOK, Clerk -', ~>.) .....' . TY COMMISSIONERS Y, FLORIDA ,"" '.. BY:~':~C-( P.5 '~.'W;." 't~.<yy t.J~ ", ",.,~,:-. ...,,- . ........ -.; ,.' .t..' iIi......,' ...' "J...... t , . .,1 . )~\'::'\' '('. ':j,i Approved as to form and legal sufficiency: ~C\ G Q fit1t" Jennifer A. Belpedi , ASSIstant County Attorney Item # J1a.El5' , ~ \()~lln) :;d (o:~-lA Lease # ,8 ~ L - / d j , LEASE AGREEMENT 16E15 r- THIS LEASE AGREEMENT entered into this ~ day of iJ.J-~ , 2008, between State Representative David Rivera, whose mailing address is Suite 305, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Suite 305, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a government office, ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 4, 2008 and ending November 3,2010, LESSEE is granted the option, provided LESSEE is re-elected to the same office, and is not in default of any of the tenns of this Lease, to renew same for automatic two (2) year terms, under the same tenns and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/1 00 Cents ($10.00) per annum, The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term, ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below, Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay LESSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5, Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change. or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. - Jr&>- e: /~ 16E15 LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE, LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6, Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR, Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises, ARTICLE 8. Indemnity LESSEE, in consideration of Ten Dollars ($10,00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any conditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees, In case any action or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR, The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees, 2 ARTICLE 9, Insurance 16E15 LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws, The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/1 00 Cents ($100,000,00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage, The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifying the LESSOR directly of any changes related to insurance coverage, LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance, ARTICLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times, ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners c/o Real Property Management Building 'w' 3301 East Tamiami Trail Naples, Florida 34112 State Representative David Rivera Administration Building, Suite 305 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 14. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. 3 ARTICLE 15, General Provisions 16E15 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental ofthe Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the DemiseOPremises, ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR 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. ARTICLE 17. Radon Gas In compliance with Section 404,056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffi,dent quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional infonnation regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. I 0, Florida Statutes, ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals, AS TO THE LESSOR: <- DA TED: /~, - /()," ,{j G ,<<,\'i:: '..~ ,~~ ';,?j (~" ATTEST~ .. ":'. ~. . '-4 DWIGHT E, :~QGKjSleril> . ~"~"~'C At~~"',tf,~'__ . . .......I;.t" 4 AS TO LESSEE: DA TED: ~ -.-/7 '}'- 0 (7 ,...-... r-4'....' ".Il '" I a~_ WITNESS (s' n;rture) (print na7~/4"? i;:~/t-{b 4/~(! / L1 ,~-~;~// /' ' /' //,/./ 4- __ I' // /t'~ / ( J/e4/lttJ (}: /9lCc'/,q (print name) Approved as to form and legal sufficiency: 16E15 . ~ /--,.- BY: STATE REPRESENT A TIVE DAVID RIVERA 5 ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 E . . . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 TEE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE · !'tim on pinl: paper. Alt1d1to arigiDal d"...,,~' Originlll rl~m~" 3hm1ld be Iw1d delivered to tile BoaIt! Office. 'lkcompl<t<d routing ,Up Olld originlll rl~~" are to be 1ttwudcd. to tile B03ld 0fIi0: only aIlcrtlle Boan! has t1l:maction.Oll tile ir.em.) . .'. .. '. . ROUTING SLIP . ,.. Camp... roadng li=! #t rllrough 114 as ~ tbr addiJimaI.riglLlllltOS, da=, and/or iDfamuuicn needed.. If tile rl......:~; is ok=dy campldO with tile . exccodou.ot.the~'s . tint.... line throul!! 1Ol1liD. Un.. #1 <IIrou1!!l1l4, =lda tile c:heclcIist and forward to Sut Filson (line IIS). Route to Addressee(s) . Office Initials . Date (I.i:st ill routin. arrlcr)' .c...._ .____ l. ----- ----- .-------- 2. ...---------- " ....----~ 3. -~-- -- .. ~- 4. 5. Sue FIlson, Executive Manager Board of County Commissioners , 6. Minutes and Records Clerk of Court's Office - PRIMARY CONTACT'IN.FORMATION (1'hc primDry <:ollCICt is tile iIcJder of <be arigillal-=' pcodillg Bee 3pprovuL Normally tile primary _tu:t is thc!'C"ou who ~ tile =dvc samm:ry. Primary concu:r iuformatioa. is l1CCded in cbc eVl:zl[ ODe of d1e addrc:sccs i1bove. including Suo Filson. aced to cpot1Ct m.:ff for additiottal or missing iDf=tioa. All arigiDal"~-~H needing the Bee CIWrmau', sigl1ll""" are lD b. delivered lD tile Bee office only after tile BCe bas aClOd lD approve <be ia:m.) Name of Primary Staff VI' Contact 1/ Agenda DlltC Item was rcved b the BCC Type of Document Attached \,": . '--.J) u ec..JL "I Phone Number Agenda Item Number /.,:z, /(c. 6 eJ L C'/{~- _ ('.', \ (-'. Number of Original Documencs Attached -,... 0'8' 3t>-::}- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark: '"N/A" in the NOI Applicable coluron. whichever is 1.. Original "O'"',m'"'lt h.u been signedrmirialed for legal sUfficiency. (All documencs to be signed by the Chairman, with the exception of most letre!s; must be reviewed and signed liy the Oflicc of the County Ar1orncy. This iDcludcs signacurc pages from ordinances. resolutions. etc. signed by the County Ar1orncy's Office and signature pages from COntracts, agrcc=tS, etc.. that bave been fnlIy =uted by all parties except the BCC Chairman and Clerk to the Board and !Sibl State Officia.!!.) 2. All bandwritten.strib:-throngh and revisions bavc been initialed by the County 4=ey: s Office and aU other arties the BCC Cbainnan and the Clerk to the Board 3. The Cbaitlpan's signature line date bas been entered as the date ofBCC approval of the document or the final DC tIated contt3Ct date whichever is licable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman' s si and initial! arc 5. In most cascs (some con= are an ew:ption), the original document and this routing slip should be provided to Sue FIlson in the BCC office within 24 hours ofBCC approval. Some documents arc time sensitive and require forwarding to Ta.Ila.bassec within a certain time frame or the BCC's actions arc nullified. Be aware of our deadlines! 6. The docwnent was approved by the Bee on . (;8 (enter date) and aU changes made dnring the meeting have heen incorporated in the attached docnment. Tbe Conn Attorn's Ofllce bas reviewed the CS, if a liable.. .'. 0-7 Y '3 c)G i '(0 d.--. Yes (Initial) N/A (Not licable) \~ I';:;". I: FonmI Conmy FonmI BCC _ Original Docmnaus Rouriug Slip WWS Original 9.03.04. Revised 1.26.05. R,vi$cd 2.24.05 MEMORANDUM Date: April 6, 2009 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-367 and Lease Agreement with Representative Tom Grady Attached for your records is one (1) copy of the document, referenced above (Agenda Item #16E16) approved by the Board of County Commissioners on Tuesday, December 16, 2008. If you should have any questions, please contact me at 252-8411. Thank you. Attachments 16E16 RESOLUTION No, 2008 _ 367 16E16 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE TOM GRADY FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative Tom Grady ('Representative') desires to lease an office space on the third floor of the Administration Building, Suite 304, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a State government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Representative's election term. The Lease provides for automatic two (2) year renewal terms, pending the Representative's re-election to this office. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property IS required for the Representative's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative Tom Grady. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this )(f-r>~ day of ~ j.fl..e_./>Lj,-,>~ after motion, second and majority vote. , 2008 A TTJiS'n:'r. . "" , '~,);f)f'I ISiWIGBt'E:.BltqCK, Clerk '., . ,-\ BOARD OF COUNT COMMISSIONERS Y CO~t01", Y FLORJDA ~ <' B . TOM HENNI I Approved as to form and legal sufficiency: l\em# /ha,b Agenda 12. II bl Date ~ Dale ~ ~ A(J E jC, 1".'/1(,/ () '(; Lease # i6c c .. /~,. LEASE AGREEMENT I'~ 16 E 16 THIS LEASE AGREEMENT entered into this ~ day of Al.i C. ,2008, between State Representative Tom Grady, whose mailing address is Suite 304, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing addrcss is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Oem ised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Suite 304, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 4, 2008 and ending November 3, 2010. LESSEE is granted the option, provided LESSEE is re-elected to the same office, and is not in default of any of the terms of this Lease, to renew same for automatic two (2) year terms, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges. except for long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water. and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay LESSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America. at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises /,/. C . l(' Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and pians fllf alterations, improvements, changes or additions to the Demised Premises for LESSOR'S wrillen approval. specifying m writing the nature and '\ extent of the desired alteration, improvement, change, or addition, along with the contemplated starting, and completion time for such project. LESSOR or its designee will then have sixty (60) d s within whl,h " ."row m .0"" '" m"'", 'Old ''''0'' 'm 'h"'g", Im,row,",,"", .'''m''", m ,.od'5 , j,,, /"^ ~ / I' ~ LESSOR shall not unreasonably withhold its consent to required or appropriate alte~i~, E 16 improvements. changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations. improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereot: or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use. occupy. suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or sublelling of the Demised Premises. ARTICLE 8. Indemnitv LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify. defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise). damages, claims, suits, demands, judgments. costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, trom any injury to, or death of: any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises. (B) any work or thing whatsoever done, or any conditions created (other than by LESSOR, its employees. agents or contractors) by or on behalf of LESSEE in or about the Demised Premises. (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease. or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises. or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereot: and the LESSEE agrees to hold the LESSOR harmless tram any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. 2 l6El6 ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/IOO Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifying the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE. whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times ARTICLE 11. Default bv LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: cc: Office of the County Attorney Facilities Management Department Director State Rcpresentative Tom Grady Administration Building, Suite 304 330 I East Tamiami Trail Naples. Florida 34112 \N~~ 'up~ ~ : -p.()t ~ol' Iv fIla.pW, ~ 3'i ( I,) ~ Board of County Commissioners c/o Real Property Management Building 'W' 3301 East Tamiami Trail Naples, Florida 34112 ARTICLE 14. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term f this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary w ar and tear and ~ge by fi, ,,<h, ",m,,," b,,""d LESSFE'S ~,,~I ,,~""d (:'t. w 3 ~~- ARTICLE 15. General Provisions 16E16 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnity, reimburse. defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asscrted against. imposed on or incurred / by LESSOR 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) * tau.J.aJ J'okl1 '^1l ~J ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutcs. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: ./(,- d '6 DATED: /.;1 ATTEST: ""c;' I,; ,;". T ~~OcCie<k" \ ,.~. l~ , De~ty ~erk Atujt.~ ~>~ t1onaturi'llIll'."/.'J" I BOARD OF COUNTY :;tNTY B TOM HENNING, Ch n t \J 4 AS TO LESSEE: DATED: ,02 - J .J () c{ Approved as fo County At! orney 16E16 PRESENT A TN t!:1 ~ ~R^D' tf:J ~ A~ ~~ . z! ~31o ~ , 5 "'.... 16E17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE l'I:inton pink paper. Alt1dt to original ,,~""< OrigiDald~m~.. ,"","dbe baeddclivcred to tlIc BoaI1i Offi= ThtcompJaedtoutillgslip md origiIW rl~",,~ "'" ll:l befcrw:mlcd." tlIcBoudOtlio: onlyan.r<he Boudhas taJo:u.actiozLon tlIc i__) . '. ROUTING SLIP . .Campleoo lO1llinr Iim:s #ll1lrourh 114.. ~ fix addilima!,;~ dates, mj/ar in1i:ttmatien necdcd..lf <he is :ilie:ldy ccmp1coo with <he don of1llon..;,.""",'s,; dl'awalinel!lrou tolItil! Iincs#tlhrou 114. Ide. tlIc c:hecklist and ll:l ueFiIron (lineffl. Route to Addressee(s) . Office Initials Date (1.i5tillroatin ordA:r). . ----- ., ..... 1. ~..--" ~- 2. " .- ,--- -- ~ 3. ..---- -.------ ~ 5. Sue FIlson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ('!be primary COI1tIl:t ls <he bcldcr of tlIc original doamIcn. p=diDg Bce approval NOlDla!ly tlIc primary COlICICt is <he penou wire acued/ploparcd tlIc cacculivo summary. Primary conClCt iDtcrmatioa. is lICldcd iD. l11c evC1t ODe of the addr=secs above. iDdudial Sue R1son. aced to c:oa.C1Ct sr:aff for additicmaJ. or missing iDfantlaliou. A1l origiDal ,,~~~~ needing <he Bee ClWzm;m', siglll1C1tC "'" '" be defiv<=d '" tlIc BCe otIice onJy >iter tlIc Bee has 0ICl0I1 '" approve <he ilaL) Name of Primary Staff Contact Agenda Dare Item was ved b the ECC Type ofDocumenc Atmched ,I &!/leL. /.;J. /(; 0 L:Jl t..<:"<( 2td6~ 3<ot . INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is .J (-..It ~((.. Y Phone Number --Y7V3 / ~ E /7 Agenda Item Number Number of Original Documents Attached oJ... 1.. Original documeut ha.s been signedl"mitialed for legal suIficieney. (AIl documents to be signed by the Chairman, with the exception of most lettcrs; must be reviewed and signed liy the Oflicc of the County Atlxlmey. This iDcJudcs signature pages from ordinam:cs, resoluliollS, etc. signed by the County A1:1mncy's Office and signature pages from ~. contracts, agreements, ctc. that have been fully =need by all parties except the BCC I v V 0Iairman and Clerk: to the Eoard and I State Oflicial.!.) 2. AIl haDdwri=.strike-tbroagb and revisions have been initialed by the County 4ttOxney.' s I~ A Oflicc and aII other arties c the BCC Chainnan and the Clerk to the Eoard 3. TheChair.lpn's signature line dare ha.s beencntcred as the date ofECC approval of the M'" doctunent or the finaJ no tiatcd contract dare whichever is liable. . .L.J 4. "Sign herl:" tabs are placed on the appropriate pages indicating where the Chairman' s si and initials are 5. In tiJost 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 be= ofECC approvaL Some "0"'''''= are time sensitive and rcqnirc forwarding to T.l1oMo,.cc within a certain time frame or the BCC's actions are nullliicd. Be a of 0 "~o"l;n"S' 6. The document was approved by the BeC on l) enter date) and all changes made dnrlng the meeting have been Incorporated in the attached document. The COlm Attorn's Office ha.s reviewed the es, if a Hable. Yes (Initial) N/A(Not licable) t FonnsI Coonty FonmI Bee FonmI Original Documcus RaulilIg Slip WWS OrigiIW 9.03.04, Revised 1.26.05. ReYi=l 2.24.0~ 16 E 17 MEMORANDUM Date: January 5, 2009 To: Michael Dowling, Property Management Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2008-368 & Lease Attached for your records is one (1) copy of the original document, referenced above (Agenda Item #16E17) approved by the Board of County Commissioners on Tuesday, December 16, 2008. If you should have any questions, please contact me at 252- 7240. Thank you. Attachments ,.._____'_n~_"___,.._.~_.._~'___.__" ._.__,.w._______"__,,___~.~~,~ 16 E 17 RESOLUTION No. 2008 - 368 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE SENATOR GARRETT RICHTER FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Senator Garrett Richter C Senator') desires to lease an otlice space on the second floor of the Administration Building, Suite 203, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a State government office. WHEREAS, the Lease Agreement provides for an initial four (4) year term which reflects the Senator's election term. The Lease provides for automatic four (4) year renewal terms, pending the Senator's re-election to this otlice. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satistied that this property IS required for the Senator's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Senator Garrett Richter, State of Florida House of Representatives. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this / (p-f'!; day of A P J'_R__A<.--i~ after motion, second and majority vote. , 2008 ;l,' , ; ,I)~r',r A TTEST:.. , ~, __ DWIGH1' E..BROCK,Ct'erlv '..c. "..:, L.":, '" ~('" TY COMMISSIONERS Y, FLORIDA BY: Deputy.Clerk ,.\.. Attest as f6't1iaY ,1qnatur€' on" Approved as to form and legal sufficiency: 16 E 17 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this !<.o7'-day of I::J.JJ:- ,2008, between Florida State Senator Garrett Richter, whose mailing address is 3301 East Tamiami Trail, Suite 203, Naples, Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Suite 203, 330 I East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of four (4) years, commencing on November 4, 2008 and ending November 3, 2012. LESSEE is granted the option, provided LESSEE is re-elected to the same office and is not in default of any of the terms of this Lease, to automatically renew same for additional terms of four (4) years each, which shall reflect the LESSEE'S term of office, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new tenTI. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 001100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4. Other Exoenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, one (I) cable television outlet, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR, and LESSEE shall pay for all long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. 16E17 ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereo( LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE II. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default bv LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, tenninate this Lease after providing written notice 10 LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perfonn such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 2 16f1? ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Estate Services 330 I East Tamiami Trail Administration Building Naples, Florida 34112 LESSEE: Senator Garrett Richter Administration Building, Suite 203 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE IS. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itselt~ its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR 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. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. 3 ARTICLE 21. Governing Law 16 E 17 This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ("il' ~'IfA . Q '7 ,....-' " ATTEST: .,;;.~, . IGBT E..BROCK;cierB. -.,,' .... <' eputy Cl~* '.' . Attest as'tatCM , i Qnatur@ on I . , AS TO LESSEE: DATED: \ \\'"'~ \cr~ \ ~.~~CCO- ~\\Th W TNESS (sIgnature) r~,-, \:52S.'.C'O ~{-i \ \Cc:::' (print name) . ,( Jar) ctie)..''-rfp,'-.n, ''Y\..c,J WITNESS (signature)/ C::;C\ nc\l' c, iL( l.X() .nerT (print name) Approved as to form and legal sufficiency: .~~ Jenm er A. Be pe 10 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY ORlDA BY: TOM HEN lNG, Chainna <1 16F 2 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 10 the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ollice only after the Board ha.. taken a(..1ion 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 Chairman's silrnature, draw a line throutd routin~ lines # J thromdl #4, complete the checklist, and forward to Sue Filson Oine #5t Route to Addressee(s) Office Initials Date (List in routinJ!; order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk ofCouTt's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the originaJdocument 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 ace office only after the BCC has acted to approve the item.) Name of Primary Staff Artie Bay Phone Number 252-8459 Contact Agenda Date Item was 12/16/08 Agenda Item Number I6F2 Approved by the BCC Type of Document Permit and Certificate Number of Original 2 !'I",,)-s;1'e. r~;t, Attached Documents Attached Or; G\ " 1)<';:1 ( 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 Chainnan' 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 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 ofBCe: 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 BCe on' 't.. enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attome's Office has reviewed the chan es, if a Iicable. (' " Yes (Initial) 2. 3. 4. 5. 6. cf) ,-nOJ 1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F 2 MEMORANDUM Date: December 17, 2008 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Permit and Certificate Attached please find one (1) original document referenced above, (Agenda Item #16F2) approved by the Collier County Board of County Commissioners on Tuesday, December 16, 2008. If you have any questions, please call me at 252- 7240, Thank you. 16F 2 COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 3 I, 2009 Name of Service: Collier County Emergencv Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 2705 South Horseshoe Drive, Naples. Florida 34104 Business Telephone: (239) 252-8459 Emergency Telephone: 9-1-1 Description of Services Area: The 2,032 square miles encompassing Collier County Number of Ambulances on 24 hour duty: 24 ground units (ambulances) Number of Ambulances on 12 hour duty: I ground unit (as needed during season taken from reserve fleet). Number of reserve Ambulances: 10 Number of non-transport ALS engines 21..____ Number of Medivac helicopter: See attachment "A" for description of vehicles. This permit, as provided in Ordinance 04-12 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. d d . d h' I ( -fh Issue an a~l?rov~.,~,ls " . :J.,,\ ATTEST: . ., DWIGHT E. BROCK, CLE~ day of De ('. ,2008. BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNT ORIDA Approval as to form and legal Sufficiency: 2 ~ t"l Gl :l> JIl ~ Gl :l> JIl ~ t"l Gl :l> JIl 0' 0 " Q ~ .... " o:l '"- ::;. n ~ ., ::l 0 0 ::;. ~ ::;. '" s 0 ., ~ " 0 " "i!. ." ~ ., " ~ " " " " 0- ." 0- 0 " e, 0' n' ., S. n ~ 5' 0 0- 0 ~ 0- " 0 5' ~ " .... ." ., ~ 1l n :1. " S ~ t"' ~. 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" ~ ?~ " ~ <ll <0 '!!. w c: '"' 0- m :J 0 '< ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16F:' 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 dllcumcnb should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~rhT the B')iird has taL:n 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 excention oflbe Chainnan's si~ature. draw a line tbroue:h routine: lines #1 throuoh #4, comolete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routinlJ 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. Nonnally the -primary contact is the person who createdlprepare<hhe executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contacl staff for additional or missing information. All original documents needing the BeC Chairman's signature are to he delivered to the BCe office only after the Bee has acted to approve the item) Name of Primary Staff Artie Bay Phone Number 252-8459 Contact Agenda Date Item was 12/16/08 Agenda Item Number 16F5 Annroved bv the BCC Type of Document Memorandum of Understanding Number of Original I Attached Documeots Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a fO 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 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 Bee office within 24 hours of BeC approval, Some documents are time sensitive and require forwarding to TaHahassee 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_t2/16/08_(enter date) and all changes made during the meeting have heen incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a lieable. N/A(Not A lieable) 2. 3. 4. 5. 6. , c.'I.>~ ( / / '." ----. '1)({/ "(' ,', ". , :<, { ~, / .~' , ,,,-'" I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F 5 MEMORANDUM Date: December 17, 2008 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters, Inc. Attached please find two certified copies (2) original document referenced above, (Agenda Item #16F5) approved by the Collier County Board of County Commissioners on Tuesday, December 16, 2008. If you have any questions, please call me at 252- 7240. Thank you, 16F 5 MEMORANDUM of UNDERSTANDING BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS LOCAL 1826 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, (hereafter "County") hereby enters into this Memorandum of Understanding amending and revising the Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters, Inc. (hereafter "Union") based on the mutual consideration specified herein and state and agree as follows: I. On October 21, 2008, representatives from Collier County met with representatives from the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters, Inc. (hereafter, the "Union"); the Union representing the Collier Emergency Medical Services/Fire bargaining unit. The purpose for this publicly noticed meeting was to discuss and negotiate the possibility of the Union waiving the 2% annual merit pay provision for the final year of the current collective bargaining agreement ("CBA") due to budget concerns and the County's decision to refrain from providing a merit increase to any of its non-union personneL This paragraph defines. in as few words as possible, the purpose of the memorandum of understanding and outlines the terms of the contract. As a result of that meeting. the parties negotiated, subject to the approval of the Collier County Board of Commissioners and the Union: (I) a waiver of merit pay under Article 20 of the current CBA for the remaining year of the agreement, (2) revisions to Article 9 of the CBA primarily pertaining to the manner of grieving matters relating to discipline and discharge of employees, (3) revisions to Article 16 of the CBA to allow up to two shifts of bereavement leave (48 hours) rather than just 24 hours of leave, and including step-father-in-Iaws, step-mother-in- laws, grandfather-in-Iaws, and grandmothcr-in-Iaws in the definition of "immediate family members." 2. On November 2 I, 2008, the Union certified that by vote of its membership it agreed to waive the merit pay provision for the final year of the CBA in exchange for the aforementioned revisions to Articles 9 and 16 of the CBA. A copy of the Union's certification of its vote on this amendment to the original 2006-2009 Year CSA is attached as Exhibit "A," A copy of the three above-referenced Articles is attached hereto in strikethrough and underscored version, as well as, a "clean" version that has been signed by duly authorized members of the Union and the County upon approval is attached as Exhibits "B" and "c." 16F 5 3. The proposed revisions agreed upon for those three Articles are agreed to run through the remainder of the current CBA through and including, September 30,2009. The revision with respect to Article 16 pertaining to bereavement leave shall be effective retroactively to October 1,2008. 4. All remammg terms of the 2006-2009 Year CBA shall remam unchanged unless otherwise agreed in writing by the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement on this 16th day of December, 2008. ,l1 ' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGflT E, BROCK, Glerk , 1';. . ttest .. .~, 11\J11ltln _ii. , ~' 1P1'roved as 0 forllHll)d I gal suf1ieiency: , ./ .<"'4 L Scott R. Teach, Deputy County Attorney 16r. 5 lA;;ml1h Walt Stevens, V'ice preside~ Licensed Bargaining Agent for Southwest Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 We/\. \.~ & \-e.Ve./\S Type or Print Name I). - ~ ~OJ'_ Date WITNESS: / /J .If ~/~- By: //:"''''4../ ;/0> 1~':'1 ko Type or Print Name ,4 /ew J r" 5cie r ----:rype or Print Name A n Ore her, District 14 DVP Southw st Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 I).. - 'l ~C) S Date WITNESS: /1] l C,,",w\.Jt.A...fvt.wfIj) / -~- ~ '.' By: NIIY\l, ~\;({~'\1\V\;l,J7 Type or Print Namc THIS AGREEMENT IS SUBJECT TO RA TIFICA nON BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIi 6 F 6 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 OtTice only !fter the 130ard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the C d I # ex~eptlOn of the hairman's si,gnature, raw a lme thrOUgll routmg lines 1 throu 'h #4, conmlcle the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routi~order) 1. - 2. 3. ---- --- "<I. Colleen M. Greene, Assistant County County Attorney CIJ{; l/r~ Attorney 01 5. Sue Filson OMB 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. Nomlally 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 Chailman.s signatllre are to be delivered to the nee office only after the Bce has acted to approve the item) Name of Primary Staff Ke 11 y Green Phone Number 252-2384 Contact Agenda Date Item was 12/16/08 Agenda Item Number 16F6 Approved by the BCC Type of Document Resolution Supporting FACYB's Position Number of Original 4 Attached on Offshore Drilling for Oil & Natural Gas Documents Attached Ol)~ ' , INS1 RUe 1 IONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicahle column, whichever is appropriate. I. Original document has been signcd/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 hy the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Goard and possibly State Officials. All handwritten strike-through and revisions have been mitialed by the County Attorney's Office and all other arties exee t the BCC Chairman and the Clerk to the Bourd The Chairman's signature line date has been entered as the date of Bee approval of the document or the final oe otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contructs are an exception), the onginal document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee 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 deadlincs~ The document was approved by the Bee on 12/16/08 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chao es, if a licable. Yes (Initial) CMG N/A(Not A licable) 2. 3. 4. 5. 6. N/A CMG CMG N/A CMG I: Fonns/ County Forms/ Bee Fomlsi Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <(Omtter _ nllmbem/(1doCllment_ numben) 16F6 MEMORANDUM Date: January 20, 2009 To: Kelly Green, Administrative Assistant Tourism Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Resolution 2008-369: Supporting the tourism industries position on drilling for natural gas and oil off the shoreline of Florida Attached please find three (3) original resolutions, referenced above (Agenda Item #16F6) adopted by the Board of County Commissioners on Tuesday, December 16, 2008. If you should have any questions, you may contact me at 252-8406. Thank you, Attachments (3) 16F6 RESOLUTION NO. 2008- 369 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE FLORIDA ASSOCIATION OF CONVENTION AND VISITORS BUREAU'S (FACVB) POSITION ON OFFSHORE DRILLING FOR OIL AND NATURAL GAS. WHEREAS, Florida's economy depends on its multi-billion dollar tourism industry. Over 84 million visitors came to Florida in 2007, and they generated over $65 billion in taxable sales. Tax revenues from tourism that year exceeded $4.0 billion. Over 991,000 people were employed by the tourism industry in 2007; and, WHEREAS the Naples, Marco Island, Everglades Convention & Visitors Bureau estimates 1.4 million tourists visited Collier County in 2007. The total visitor expenditures exceeded $1.1 billion. The direct economic impact from visitors supported over 31,000 jobs and over $897 million in tourism wages. The local hotel tax alone exceeded $14.5 million during fiscal year 2007; and WHEREAS, the risk to Florida's economy posed by oil and natural gas disaster off Florida's coast could be substantial. For example, a small oil spill in the Gulf of Mexico, off Collier County could be devastating to Collier's coastline, our most important visitor amenity; and WHEREAS, recent improvements and advanced safeguards in zero discharge technology instituted by the oil and gas industry has significantly reduced the potential impact to Florida's beaches; and WHEREAS, tax revenues generated from Florida's growing tourism industry are critical to continued funding of essential governmental services, including transportation, schools, and public safety; and WHEREAS, The Florida Association of Convention and Visitors Bureaus (F ACVB) after carefully considering all factors, endorses state and Federal energy policies allowing the production of oil and natural gas from existing leases within the Gulf of Mexico out of sight of Florida's Coast with certain conditions; and WHEREAS, a comprehensive, long term energy policy, including conservation, efficiency, renewable and alternative fuels and increased domestic oil and natural gas production is essential in maintaining a healthy and vital Florida economy; and WHEREAS, the Collier County Tourist Development Council (TDC) carefully considered the F ACVB proposal at its November 24, 2008, meeting and recommends that the Board of County Commissioners accept the F ACVB proposal with the exception of provision four on a mandatory moratorium; and 16F6 WHEREAS, the Board of County Commissioners has reviewed the TDC recommendation and the F ACVB proposal and finds that the County Commissioners are in favor of supporting the F ACVB proposal with the exception of the moratorium as recommended by the TDC. NOW THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Collier County supports the F ACVB position on offshore oil and natural gas drilling, minus the five year moratorium on new leases in the eastern Gulf of Mexico provision. BE IT FURTHER RESOLVED, that the Chairman of the Board of County Commissioners of Collier County shall execute and transmit a copy of this resolution to the Florida Association of Convention and Visitors Bureaus as evidence of the County's support of the F ACVB position on offshore drilling. THIS RESOLUTION ADOPTED this / h-k. day of z;ecemhtnoo8 after a motion, second and majority vote favoring same. DATED: I-dtl-~ ATTEST DWIGHT E; BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLI R CO NTY, FLORIDA iii~~~~lql~. 'fiAt,=lfln ega ;suf Icjency;. {;~711'~ ~ , Chairman Colleen M. Greene Assistant County Attorney Item # JldFV, Agenda 11 _I / ~ Date ~ V Date \- IS-rt} Rec'd ~ 0.(. --.____,.'___.>NnV_."__._____, .~ -----~-_.~--- 16F7 MEMORANDUM DATE: January 20,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Change Order #2: Contract #06-4037 with Miles Media Group for Collier County's 2008 Visitor's Guide Attached is an original copy of the document referenced above (Agenda Item #16F7) approved by the Board of County Commissioners on Tuesday, December 16,2008. The second original document will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, you may contact me at 252-8406. Thank you, Attachment (I) r0~_~R-c, OID"lS ITEM NO.: 1...-'1 t"" , i..:l",f.. F 7 ('~/ ;\jl. ~ ',REQ1:<IYJ;:D: i:T1DAWE FILE NO.: '" ~ ^' 1; I ,I. ", ',.',' r-,,' I., f, i '"' ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES b~ J CUI 2- /.. J ~5 ,g, d 0/~ ro/2; / '\ G\D (6 \J~\S'C~ /:v 4{ Date: January 13, 2009 To: Colleen Greene Assistant County Attorney From: Lyn M. Wood, C.P,M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-4037 - Production of Tourism Visitor Guide Contractor: Miles Media Group BACKGROUND OF REQUEST: The attached Change Order #2 was approved by the BCC on December 16, 2009, Agenda Item 16.F.7. You wrote the legal considerations for the Executive Summary. This item has not been previously submitted. ACTION REQUESTED: Change order 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. 16F7 CHANGE ORDER CHANGE ORDER NO, 2 CONTRACT NO. 06-4037 BCC Date: 8/14/07 Agenda Item: _16FI TO: Miles Media Group 6751 Professional Pkwv. West Sarasota. FL 34240-2300 DA TE: Dec. 2, 2008 PROJECT NAME: Production of Tourism Visitor Guide for Collier County Tourism Under our AGREEMENT dated Dec. 13,2006 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Produce the 2009 Visitor Guide at a cost of $14,914 and to ratify the production cost of the 2008 Visitor Guide of $7,964 for a total of$22,878, FOR THE (Additive) Sum of: Twenty two thousand eight hundred seventy eight ($ 22,878 ). Original Agreement Amount $ 7,964,00 Sum of Previous Changes $ 21,220.00 This Change Order adds $ 22,878,00 Present Agreement Amount $ 52,062 The time for completion shall be (increase or decrease) by _ nla _ calendar days due to this Change Order. Accordingly, the Contract Time is now nla ( ) calendar days, The substantial completion date is _ nla and the final completion date is nla . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. ~l ;' Accepted: IUR (1..;>)1 {Lte1f .2008 . CONTRACTOR: Miles Media Group OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~d/ By: ",<4 {i/0;;,.:,:::r By: Roger Miles, President & CEO Jack Wert, Director By: Lyn Date: ~ - 2() -ortrf ATTEST: . ,', . i''' ", ~ Dwight E, ;f3't9ck;,C;:Il!r~, BY: ~ ~:ztiA 0~. ~.. to ," . t~.-OIlJ" ,. .' App " . st or:orirt ~ , . and Lega1';;ufficiensy:' ,. ,~;. ',) \. BY: C~~trJ tJr~~ / Print Name: Colleen (VI. (jYe.e "-Z_ Assistant County Attorney 16F7 BOARD OF COUNTY COMMISSIONERS OF COLLIER COU TY LORIDA n ltem# ~ Agenda \o-..IIA...rJI Dale ~ 16F 8 MEMORANDUM Date: December 24, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5081 "Financial Advisory Services" Contractor: Public Financial Management, Inc. . Enclosed please find one (I) original contract, as referenced above, (Agenda Item #16F8), approved by the Board of County Commissioners on Tuesday, December 16,2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240, Thank you, Enclosures ITEM NO.: cf> -plU.-dO b~ FILE NO.: ROUTED TO: 16F 8 :~TE (~Hi'P;IVED: '...n : 1\..1.... \j l '1ii't. ( \('d 11'..:1\' .!'\ 1 : ~}\.j1.,J' ,. I ' ,_ I r" ~ : ~3 t;; '3. L5 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 16, 2008 To: Office of the County Attorney Attention: Scott Teach Lyn M. Wood, C.P.M., Contract Specialist --I.. Purchasing Department, Extension 2667 .~ From: Re: Contract: #08-5081 "Financial Advisory Services" Contractor: Public Financial Management, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on Agenda Item ~ I I '!th J I'V\eved --rV l tewl:' III S~ C r I. ACTION REQUESTED: b~4o I~~ (loF'6 '-4,~ Contract review and approval. OTHER COMMENTS: December 16, 2008, 1\1 t\,s f~ '7/ Scott, please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: John Yonkosky, OMB ,// U/\J)& \fw.v I ~~ J~l ijO 16F 8 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist ' Purchasing Department 'Jr' DATE: December 16,2008 RE: Review Insurance for Contract: #08-5081 "Financial Advisory Services" Contractor: Public Financial Management, Inc. This Contract was approved by the SCC on December 16, 2008, Agenda Item 16.F.8 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/LMW C: John Yonkosky, OMS DATE RECEIVED DEe 1 7 2008 RISK MANAGEMENT 4yn!M f! 170;;'! 1l1/a, Ii. www.sunbiz.org - Department of State 16F 8 Page 1 of2 Home Contact Us E~Filing Services Document Searches Forms Help Previous on Li~! Next on List Be1!!m.T.Ql..i$! No Event$ No Name Hi$tory Entity Name Search Detail by Entity Name Foreign Profit Corporation PUBLIC FINANCIAl.. MANAGEMENT, INC. Filing Information Document Number P13127 FEI Number 231992164 Date Filed 02/05/1987 State PA Statu$ ACTIVE Principal Address TWO lOGAN SQUARE. SUITE 1600 18TH & ARCH STREETS PHilADELPHIA PA 19103 Changed 10/13/1989 Mailing Address TWO lOGAN SQUARE. SUITE 1600 18TH & ARCH STREETS PHilADELPHIA PA 19103 Changed 10/13/1989 Registered Agent Name & Address PRENTICE HAll CORPORATION SYSTEM 1201 HAYES ST. STE. 105 TALLAHASSEE Fl 32301 US Name Changed: 10/13/1989 Address Changed: 03/17/1994 Officer/Director Detail Name & Addre$$ Title PCEO WHITE, F. JOHN T l SQ STU 1600 18TH & ARCH STREETS PHilADELPHIA PA 19103 Title VPT MARGOLIS. MARTY 2101 N FRONT STREET SUITE 200 HARRISBURG PA 17110 http://www.sunbiz.org/scripts/cordet.exe?action=DETF1L&in~doc_number=P13127&inq...11/5/2008 www.sunbiz.org - Department of State 16F Page 2 of2 8 Title S BISGAIER, BARBARA T L SO STE 1600 18TH & ARCH STREETS PHILADELPHIA PA 19103 TitleMD WILLIARD. GLEN 2101 N FRONT STREET SUITE 200 HARRISBURG PA 17110 TitleMD CURRY. KEITH 660 NEWPORT CENTER DRIVE SUITE 750 NEWPORT BEACH CA 92660 Annual Reports Report Year Filed Date 2006 03/27/2006 2007 01/04/2007 2008 01/31/2008 Document Images 01/31/2008.::.ANNUAL REPORT 01 1041200T" ANNUAL REPORT 03/27/2006 ,,-ANNUAL REPORT 07/2Q1ZQQQ.- ANNUAL REPORT 02/27/2004 =-ANNUAL REPORT 04/25/2003 "ANNUAL REPORT 04/24/2002" ANNUAL REPORT 09111lz001.." ANi'lJ,iAI..REPORT 04aO/:2QOQ,c.ANi'I UALJ3EPORT Q31Q6L1999_=-I'Ni'llJ.AL REPORT 05/18/1998,-. ANNUAL..REPORT 03/05/1997 = Ai'li'lUAL REPORT 04/18/1996 -- ANNUAL REPORT 04/11/1995 .-ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List B!tUKn To Lisj No Events No Name History Entity Name Search Home Contact us Document Searches E-Filing Services Forms HelD Copyright and Privacy Policies Copyright G:::) 2007 State of florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=PI3127&inq...ll/5/2008 -- 16F 8 We have reviewed the scope of work and understand what will be required of PFM should we be selected as the County's fmancial advisor. PFM is capable of meeting the requirements outlined in the RFP. We are ready to go to work and commit to complete any and all assigned tasks in a professional and timely manner. Thank you for your consideration of our proposaL Sincerely, Public Financial Management, Inc. ~~7f n.?;ym~ )" ~ ;C/ Hal W. Canary, CPA Managing Director David M. Moore Managing Director Sergio D. Masvidal Senior Managing Consultant Collier County, Florida - RFP #08-5081 - Proposal for Financial Advisory Services I 3 16F 8 A G R E E MEN T 08-5081 for Financial Advisory Services THIS AGREEMENT, made and entered into on this Il-~ day of Del€-"" b><r 2008, by and between Public Financial Management, Inc., authorized to do business in the State of Florida, whose business address is 12730 New Brittany Boulevard, Suite 439, Fort Myers, Florida 33907-4685, hereinafter called the "Consultant" 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. This Agreement shall commence upon award by the Board of County Commissioners. The contract shall be for a two (2) year period, commencing on date of award by the Board of County Commissioners, and terminating two (2) years from that date. The County, at its discretion, shall have the option to renew this Agreement after the initial term for two (2) additional one (1) year terms. Such renewals shall be under the same terms and conditions as this Agreement. If changes in the terms or conditions are negotiated, said renewal(s) will be contingent upon an amendment approved by the parties in writing and approved by the Board of County Commissioners. The County shall give the Consultant 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 Consultant shall provide financial advisory services in accordance with the terms and conditions of RFP #08-5081 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement upon completion of the work as accepted and approved by the Director of the Office of Management and Budget or his designee. Payment will be made pursuant to the price schedule offered by the Consultant in Attachment" A", hereto attached and Page 1 of7 16f:" 8 incorporated herein by reference, together with the cost of any other charges/fees submitted in the proposal. Payments shall be made to the Consultant when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Florida. Statutes, otherwise known as the "Local Government Prompt Payment Act". Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 4. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed 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 Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Consultant 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. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Hal W. Canary, CPA Public Financial Management, Inc. 12730 New Brittany Boulevard, Suite 349 Fort Myers, Florida 33907-4685 Fax: 239-939-1220 Page 2 of7 16F 8 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Office of Management and Budget 3301 Tamiami Trail, East Naples, Florida 34112 Facsimile: 239-252-8828 The Consultant 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 Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. 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 Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant 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 Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant 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 Page 3 of7 16F 8 Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant 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 Consultants; 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. D. Professional Liability: Coverage shall have minimum limits of $1,000.000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant 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. Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant 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 Consultant or anyone employed or utilized by the Consultant 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. Page 4 of? 16F 8 This section does not pertain to any incident arising from the sole negligence of Collier County. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Office of Budge and Management Department. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 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: Consultant's Proposal, Insurance Certificate, RFP #08-5081 Specifi- cations/Scope of Services, Addenda and Exhibit A. 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. 18. 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. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page 5 of? 16F 8 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEl/PROTECT STAFFING: The proposer's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of this Agreement. Selected firm shall assign as many people as necessary to complete the assignments on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates required by each assignment. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Page 6 of? 16F 8 - ATTEST: '\' '. !l~J.- Dwi8l1tE. Brock,C!&,J< of Courts ~ B " .' . . Y: _. - ~ . . ..." - Dated; . - .' (SE;AL) .r .... .,- attest tt~toi~'. , "_.J>_ "Ol'Iaturt on,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT ,FLORIDA By: Public Financial Management, Inc. '~~O- OJ) /conz:slt /., J /!(/;?: / (it L c( c t First Witness By: Signature I. ~-"-'" -e:"> P< Qo')$;UC~(' trY~'J;e'; ,met ~ t0~ Second Witness ilk /.r.,/ C'.4/V>4-;ZY iL4;1/ ;J-6/,/!'/C J 1(2 Ie IV K Typed signature and title /h,'c4k SCti1dvcc( tType/print witness namet Approved as to form and legal suff de c : Page 7 of7 ~M' V . Exhibit A Cost Proposal Pricing shell be inclusive of all costs and shall be full compensation for ell services, lebar, tools, equipment, local travel (within Lee end Collier County) end eny other items required for project completion and/or completion of services. Travel expenses outside of Lee and Collier County shell be reimbursed pursu'a n t to Sect i on 112.061, Florida Statutes. For all services not direclly related to the issuance of bonds or notes: 1. Hourly rate for time and services for all officers, Senior Vice Presidents and First Vice Presidents: $200.00lhour 2. Hourly rate for time and services for all financial and computer analysts: $175.00Ihour 3. Alternative cost to above hourly fees in the form of a monthly retainer: $2,500.00 month' 'Note: Some clients prefer a retainer as a means of 'budgetary certainty" and "unimposed access" to call on PFM at any time. 4. For all services related to the issuance of bonds or notes issued by the County, regardless of the manner of sale: Amount of Debt Fee per $1,000 . For the first $10,000,000 $0.80 $0.75 $0.65 $80.000.00 For the next $10,000,000 Amounts above $20,000,000 Maximum fee per any singular issue Structured Products, Investment Advisory, and Arbitrage Rebate Serv Ices The financial advisory compensation proposed above does not apply to services related to procurement of bond proceeds investments or other structured products, investment management, or arbitrage rebate. Fees for these special services shall be negotiated as a function of the complexity of the proposed engagement and the specific scope of services outlined. PFM Asset Management, LLC, registered investment advisor, is prepared to offer the City its full range of structured products, investment management and arbitrage rebate compliance services. This might include the procurement of structured products or other investment securities for a bond construction account or refunding escrow. If needed, these services would be performed by PFM Asset Management, LLC pursuant to a separately negotiated letter agreement. PFM Asset Management, LLC fully discloses all fees related to any transaction. . Collier County, Florid" - RFP #08-5081 - Proposal for Financial Advisory Services 113 ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 11/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 Old Slip New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great Northern Ins. Co. )J; \/" Public Financial Management, Inc. INSURER B: Federal Insurance Company .,GH< I Two Logan Square; Suite 1600 INSURER c: Pacific Indemnity Co. i~)':)D 18th and Arch Streets INSURER D: Philadelphia, PA 19103 INSURER E: Client#. 39328 16F 8 PUBLFI 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 DR 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. IN" CO" TYPE OF INSURANCE POL.ICY NUMBER P~~~~ri~iJ8mE P~~flfEfl:lb~~N L.IMITS LTR NSR A ~NERAL. L.IABIUTY 35363950 11/30/08 11/30/09 EACH OCCURRENCE .1 000 000 X COMMERCIAL GENERAL LIABILITY ~~~f.:~~JO RENTED $1 000000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10000 '- PERSONAL & ADV INJURY $1 000 000 f- GENERAL AGGREGATE $2 000 000 ril'L AGG:EnE ILlMIT APPlS PER: PRODUCTS - COMP/OP AGG 'Included X POLICY jm,: LOC B ~TOMOBILE LIABILITY 73248555 11/30/08 11/30/09 COMBINED SINGLE LIMIT (Eaaccidenl) $1,000,000 f.- ANY AUTO f- ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS 2L HIRED AUTOS BODILY INJURY S 2L NON-OWNED AUTOS (Peraccidenl) PROPERTY DAMAGE $ (Per accident) ~~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC . AUTO ONLY: AGG $ B ~~SS/UMBRELLA L1ABIL.lTY 79774080 11/30/08 11/30/09 EACH OCCURRENCE $10000000 X OCCUR D CLAIMS MADE AGGREGATE $10000000 . =1 ~EDUCTIBLE . RETENTION $ $ C WORKERS COMPENSATION AND 71642435 11/30/08 11/30/09 X I WC STATU- IDJ~' EMPL.OYERS'L.IABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE .1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES f EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Agreement #08-5081 Financial Advisory Services It is hereby understood and agreed that Collier County is included as an Additional Insured with respect to the General Liability coverage only. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government: DATE THEREOF. THE ISSUING INSURER WILL X.~KJ{i:MAIL --3D- DAYS WRITTEN Purchasing Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,DXJ0(~ 3301 E. Tamiami Trail JMelCr.lIKJUlXlJll)QJliOtlK~K~)VIXX)NtlXdJ(~~XX Naples, FL 34112 XK1J8elllX~ AUTHORIZED REPRES~E '\~ ~ooSlS~o,~' ACORD 25 (2001/06) 1 of 3 #M256563 JDM o ACORD CORPORATION 1966 16F 8 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 3 #M256563 16F 8 DESCRIPTIONS (Continued from Page 1) Non-Owned & Hired Automboile and Workers Compensation ~ Evidence of coverage only AMS 25.3 (2001/08) 3 of3 #M256563 ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 11/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 Old Slip New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Indian Harbor Insurance CO. ):A4!; Public Financial Management, Inc. INSURER B" Two Logan Square, Suite 1600j 18th and INSURER c: Arch Streets INSURER 0: Philadelphia, PA 19103 INSURER E: Client#. 39328 PUBLFI 16F 8 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. I POLICY NUMBER PJ'l"~~~r.i~)~8~E Pgilfl(if~~~N LTR NSR TYPE OF INSURANCE LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~'~AGG~l~~E ~~~ AP~fIPER; PRODUCTS - COM PlOP AGG $ POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO (Eaaccidenl) - ALL OWNED AUTOS BODILY INJURY $ - SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peraccidenl) - - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- IO!,H- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DiSEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Professional BINDER464006 11/30/08 11/30/09 Limit of Liability Liability $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Evidence of Coverage Only The Professional Liability Policy is non-cancelable by the Insurer. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier Country Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---D1.c... DAYS WRITTEN Center of Management and Budget NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO 00 SO SHALL 3301 Tamiami Trail, East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, Florida 34112 REPRESENTATIVES. AUTHORIZED REPRES~~ '\~ [\..5lS~,,~. ACORD 25 (2001/08) 1 of 2 #256865 CM5 @ ACORD CORPORATION 1988 16F9 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 # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. 2. 3. 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners 4. Colleen M. Gree , County Attorney 04/22/1 0 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 Colleen M. Greene Contact Agenda Date Item was December 16, 2008 A roved b the BCC Type of Document Attached Phone Number 252-8400 Agenda Item Number l6-F-9 Resolution ,~w Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. 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 possibly 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 CMG the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG 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 12/16/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. 2. N/A 3. 4. 5. N/A 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<matter _ numbem/<<document_ number>> 16F9 MEMORANDUM Date: April 23, 2010 To: Colleen Greene County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-370NSIP Enclosed please find a copy referenced above (Agenda Item #16F9), which was approved by the Board of County Commissioners on Tuesday, December 16, 2008. If you have any questions, please call me at 252-8411. Thank you. Enclosures (2) Agenda IJ~o~6~ December 16, 2008 Page 6 of 8 RESOLUTION NO. 2008- 370 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING A SECOND OFFERING OF THE VOLUNTARY SEPARATION INCENTIVE PROGRAM AND AUTHORIZING THE COUNTY MANAGER TO IMPLEMENT THE PROGRAM IN COMPLIANCE WITH THE COUNTY MANAGER'S ORDINANCE NO. 93-72, AS AMENDED, AND THE PERSONNEL ORDINANCE NO. 96-40, AS AMENDED. WHEREAS, the Board of County Commissioners of Collier County Florida, desires to provide a second offering of the Voluntary Separation Incentive Program to certain eligible County employees; WHEREAS, the Board of County Commissioners is committed to continued efforts to identify cost-saving opportunities to and implement programs that will successfully reduce recurring fiscal costs while minimizing the impact to County employees and departments; WHEREAS, the Board of County Commissioners has the exclusive authority to establish personnel policies; WHEREAS, the County Manager is authorized to implement the board's policies and to create any necessary rules, practices and procedures for the administration of the Board's policies; WHEREAS. the Board of County Commissioners finds that implementing this Voluntary Separation Incentive Plan serves a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that The Board of County Commissioners hereby authorizes a second offering of the Voluntary Separation Incentive Program: AgenllQ E. ~9 December 16, 2008 Page 7 of 8 1 . The Program is designed as a cost-saving opportunity for the County Manager's Agency due to anticipated budget issues. 2. The County Attorney's Office may choose to opt-in to the program as a cost-saving opportunity due to anticipated budget issues. 3. This Program offering will only be available for a limited time frame, specifically Wednesday, December 17, 2008 to Friday, January 30, 2009. Employees must confirm participation within this 45-day election period with the Human Resources Department. Once enrolled in the plan, an employee will have a period of seven (7) calendar days in which they may revoke their choice or amend their enrollment election. After the seven (7) day revocation period ends, the employee's notice to separate from County employment will start. 4. Generally, the notice period will be two weeks. Exceptions to the two week notice period will only be granted when approved in writing by the County Manager. In no event will an employee's notice period extend beyond July 15, 2009. 5. Program notice letters and required documentation will be provided to eligible employees on or before Wednesday, December 17, 2008. 6. Eligible employees are those regular full-time and eligible regular part-time employees who meet the eligibility criteria outlined by the Florida Retirement System (FRS) for Pension Plan members, making them eligible to retire without penalty under the FRS. An employee may be a member of either the Pension or Investment Plan to be eligible, but is not required to be an FRS participant. 7. The benefit of this Program extends for up to three years. An eligible employee may choose from three incentive options. The options include (1) County Agend~te~ f 1~9 December 16, 2008 Page 8 of 8 paid medical and dental benefits for three years, (2) fifty percent of the cash equivalent of medical and dental benefits for three years, or (3) a combination that will include medical and dental insurance coverage, together with a partial cash payment. 8. Eligible employees who elect to participate in the Program will be asked to enter into an Agreement and Release with Collier County. The Agreement will include the details of the Program and specifically identify and explain the benefit that the employee selected under the Program. The Agreement will also include a Release as required by the Age Discrimination in Employment Act (ADEA). This Release will place the employee on notice of his/her rights under the ADEA and ask the employee to consent that the Agreement and Release is entered into "knowingly and voluntarily." 9. The County Manager shall be authorized to sign the Agreement and Release on behalf of Collier County. 10. This Resolution shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of ~~ ,2008. By: Item ,# 16 11 r; CHANGE ORDER CHANGE ORDER NO. I CONTRACT NO. 08-5073 BCC Date: 06/24/08 Agenda Item: 16.F.7 & 16.G.IO TO: RW A Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 DATE: PROJECT NAME: Immokalee CRA Master Plan & Related Services Under our AGREEMENT dated June 24, 2008. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: To add to the Scope of Services the development of a Public Real Plan. FOR THE Additive Sum of: One hundred sixty-five thousand five hundred dollars ($165.500.00). Original Agreement Amount $ 386,1 75.00 Sum of Previous Changes $ -0- This Change Order Adds $ 165,500.00 Present Agreement Amount $ 551,675.00 The time for completion shall be (increase or decrease) by ~ calendar days due to this Change Order. Accordingly, the Contract Time is now N/A LJ calendar days. The substantial completion date is N/A and the final completion date is November 20. 2009. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: / ~I I~ I:J ,2008 CONTRACTOR: RW A, Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~ Robert J. Mulhere, AICP Date:1)>J'~ 2..4,2u;( , !': ATTEST: . , - . -~ - .' ~-~. .!--~ Dw. ight E. Brock; Clerk .-;' . - .... BY: A tett.i(~ .1 stQllaturt 00." Approved As To Form and Legal Sufficiency: 'I'll C- "'". ,f'... ~Ld'l' ",1:: - !1tl~(!1!. i"? m~~~ r<- r I + ,'J .(J Print Name:, f":J (~,---, e ___7L\d i:; Yl - --::- n ,""! I ,'1c Assistant COWlty A orney J DNISION ADMINISTRATOR 16Gl By: N/A CONTRACT SPECIALIST~ By: tiJw~ 77 I fJ . ood BOARD OF COUNTY COMMISSIONERS OF COLL7J LORIDA 16F 8 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 (2001108) 2 of 2 #256865 16G 1 MEMORANDUM Date: December 24, 2008 To: Bradley Muckel, Operations Mgr. Immokalee CRA From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Change Order Attached please find one (1) copy of the document referenced above, (Agenda Items #16E13 (BCC)/ #16G1(CRA)), which was approved by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes and Records Department has retained an original documents for the Official Record of the Board of County Commissioners. If you have any questions, please call me at 252-7240. Thank you. Enclosure CHANGE ORDER 16G 11 CHANGE ORDER NO. I CONTRACT NO. 08-5073 BCC Date: 06/24/08 Agenda Item: 16.F.7 & 16.G.I0 TO: RWA. Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 DATE: PROJECT NAME: Immokalee CRA Master Plan & Related Services Under our AGREEMENT dated June 24. 2008. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: To add to the Scope of Services the development of a Public Real Plan. FOR THE Additive Sum of: One hundred sixty-five thousand five hundred dollars ($165.500.00). Original Agreement Amount $ 386,1 75.00 Sum of Previous Changes $ -0- This Change Order Adds $ 165,500.00 Present Agreement Amount $ 551.675.00 The time for completion shall be (increase or decrease) by ~ calendar days due to this Change Order. Accordingly, the Contract Time is now N/ A U calendar days. The substantial completion date is N/ A and the final completion date is November 20. 2009. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: 1~115' ,2008 CONTRACTOR: RWA, Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~ Robert J. Mulhere, AICP By: DEPAR)'MENT D J / . ! Date:~'2~J 2tlDl ,," ATTEST:,: '. ...., ....-:. Dwi ht=E. Brb k, cid:~ " .' '.... \'-' BY: A btclt" .. t s10nature on I' Approved As To Form and Legal Sufficiency: '-"'j "^'. L '14 , . ~,'\ 0-,-: <<. LL( 'f-.tL<~.~C(v;.c - /-'~~L..-CK ~'~8 PnntName: J~r'~ri"'" e ,.)fuel. ,,+' _of'.'I, ,'J, Assistant County A omey J DIVISION ADMlNISTRA TOR I 6 G 1 By: N/A CONTRACT SPEClALlST~. By: [-~ 77 I ft). t . ood BOARD OF COUNTY COMMISSIONERS OF COLLIER CO TY F ORlDA / BY: 16G 1 ~~: --10 I3c~ pd ~~. /r'" CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Immokllloe CRA Ma., PI1In PROJECT 11: PROJECT MANAGER: Penn. Phlnlllal BID/RFP'" Dl-5073_MOO': 1 DEPARTMENT:_lmmokaln CRA POI, WORK ORDER': CONTRACTORII'IRM NAME: RWA.IN::. Orlglnll COnlllct Amount: $ 3",178.00 (Slarting Point) Current BCC Approved Amount: S 388.t7I.oo (lHtTotll Amount Approved by the BCe) CII'ntnt Co~ltIot Amoun!: $ 38817800 (Inducing All Ch8ngel PrIor To TIft ModIfIcation) . 1'1.100.00 Chengl Amounl, ReYlaed Conlrlc1JWork Ordl' Amounl: $ 581.871.00 Qnc;ludlng 11"- Cr.ngo Order) C<lmulaUve Dollor VI"'. 0/ Cheng.. to IIlle Conltll:tlWork Order: . 185.600.00 Dete 01 LIlli BCe Approvel 812~108 Agendl Item" 11.F. 7 & 'I.G 10 Percentage 0/ Ihe chlnge _rfunder o"""nl contrect emount FOrmUa: (Revt1lOd _I Last Bee IIflIl'lNed amount)-, CURRENT COMPLETION DATE (S): ORIGINAL: 11/171119 42..9 " CURRENT: 1'r.l~ C..erll:l.lhe ch.nge(.): To Idd I Public R_lm Plln 10 Ihl 8eODl 01 Servlc.. 8p.elfy th. 'ellonl fo, Iha ehlnga(al x 1. Plannad or EI.cllva r 2. UnfoN...n ConditIon. (' 3. QUanllty AdJUlIIm.nta (' 4. Correcllon of Errol1l (Plln., Speclflclllonl 0' Scope of Work) (" e. V'lu. Addad r 8. Schadul. AdJu.tm.nta Note: One 0' more mlY b. ehlCllld, d.pendlng on Ih. nalur. of the cohlnga'.), '. ldanUIy III neglllv. Impacta to th. project If thle ch.ng. order were not proe..lad: Lind DevelODmanl Cod.. would have to ba amended" the Public Re.1 PIMI. don. .fter LDC orlaln.1 work comDI.....d. Thl. changa WH r.q....I.d by: nconl,"clor/ConlUllanl x Ownar n U.lng DIPlrtm.nt C CDes CD..lgn Profea'onel r1Regulltory Ag.ncy (Specify) r Olher (Sp.elfy) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes x No This form II 10 ba s DalattJ. 15' .R,-ng'" Dale: I('J - 16 - oS REVIEWED BY: Revised 11.19.2007 166 1 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 08-5073 BCC Date: 06/24/08 Agenda Item: 16.F.7 & 16.G.IO TO: RW A. Inc. 6610 Willow Park Drive. Suite 200 Naoles. FL 34109 DATE: PROJECT NAME: Irnmokalee CRA Master Plan & Related Services Under our AGREEMENT dated June 24. 2008. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: To add to the Scope of Services the development of a Public Real Plan. FOR THE Additive Sum of: One hundred sixty-five thousand five hundred dollars ($165,500.00). Original Agreement Amount $ 386.175.00 Sum of Previous Changes $ -0- This Change Order Adds $ 165.500.00 Present Agreement Amount $ 551.675.00 The time for completion shall be (increase or decrease) by ~ calendar days due to this Change Order. Accordingly, the Contract Time is now N/A LJ calendar days. The substantial completion date is N/A and the final completion date is November 20.2009. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: /~IISI ,2008 CONTRACTOR: RWA, Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA D /1 ~- ._/V/ ~ Robert J. Mulhere, AICP Date:~ 2.4,2/LJ( .',?,... ATtEST: . .,~~ , . -~ . ... Dwight E. Brock, Clerk :'7 . . BY: ' A tett,-n.~ h.! 'IQllaturt 011." Approved As To Form and Legal Sufficiency: 'ill 0-fit' , .' ,f1J ,oLei,' ",l: - t};t{,-.t2.e '''' '--"\..-1...- (-f- c' ," () Print Name: ",~'Y'e Jlc'cL..,.,+' -~f,,~!"1S Assistant County A omey DIVISION ADMINISTRATOR 16 G 1 By: N/A CONTRACT SPECIALIST~ BY:~' 771 (J, . .' ood BOARD OF COUNTY COMMISSIONERS OF COLLIER C J LORIDA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 6 G 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink p<lper. Attach to original document. Original do~uments should be hand delivered to the Board Office. The completed routing slip and original documenlS are to be forwarded to the Board Office only after the Hoard has laken action onlhe item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andior information needed. If the document is already complete with the excention of the Chainnan's simature, draw a line throu2.h routing: lines # I throufTh #4, conmlete the checklist, and torward to Sue Filson (line #5). Route to Addressee(s) Office Iuitials Date (List in routine: order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attomey County Attomey JAK 12-17-08 5. Sue Filson, Executive Manager Board of County Commissioners ':f 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. Nomlally the primalY contact is the person who created/prepared the executive summary. Primary contact infonnation 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 are to be delivered to Ihe BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Jeffrcy A Klatzkow Phone Number 252-8400 Contact Agenda Date lIem was 12-16-08 Agenda Item Number 16.G.3 Aooroved bv the BCC Type of Document CRA Resolution Number of Original One Attached 2="", - 0:>\\ Documents Attached I. INSTRUCTIONS & CHECKUST Initial the Yes column or mark uN/Au 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-tlrrough and revisions have been initialed by the County Attomey's Office and all other arties exee 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 plicable. "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 your deadlines~ The document was approved by the BCC on 12/16/08 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 lie able. Yes (Initial) JAK N/A(Not A Iieable) 2. 3. 4. 5. 6, JAK JAK JAK JAK JAK I: Fonns/ County Forms/ Bee Fonnsl Original Documenls Routing Slip WWS (Jriginal 9,03.04, Revised] .26.05, Revised 2.24.05 08-BCC-00497/2 ~ 16G J CRA RESOLUTION NO. 08 - ~ A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ESTABLISHING A PERFORMANCE EV ALUA TION PROCESS FOR THE COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Resolution Nos. 2000-82 and 2000-83, the Board of County Commissioners created the Community Redevelopment Agency of Collier County, Florida (CRA Board) and established and described the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, the CRA Board employs an Executive Director for each redevelopment area who works in close cooperation with the County Manager's Office and the County Departments to implement the programs and activities of the redevelopment area; and WHEREAS, the employment agreement between the CRA Board and each Executive Director requires that the CRA Board review and evaluate the performance of the Director on an annual basis prior to CRA budget adoption; and WHEREAS, the CRA Board wishes to establish a performance evaluation process for the Community Redevelopment Agency Executive Directors. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, that: A. Performance Evaluation Process. The performance evaluation process for the Community Redevelopment Agency Executive Directors shall be as follows: I. Each CRA Executive Director will prepare a personal evaluation along with their proposed goals, objectives and projects for each of the next two years. The Executive Director will then submit this evaluation to their respective CRA Advisory Committee. no later than the first day of December. 2. The CRA Advisory Committee will review the Executive Director's personal evaluation and proposed goals, and will make an independent evaluation and recommendation, which the Committee will forward to the Commissioner(s) representing the district in which the redevelopment area is located, no later than the 31" day of Dccember. 3. The representing Commissioner(s) will review both the Executive Director's personal evaluation and the CRA Advisory Committee's recommendation. The Commissioner(s) will then make a separate evaluation and recommendation. 4. The Executive Director will then forward both the individual Commissioner's evaluation and the CRA Advisory Committee's evaluation to the CRA Board as a Page 1 of2 16G 3 regular agenda item on the second meeting date in January, together with the CRA Executive Director's personal evaluation. 5. The CRA Board, sitting as a whole at the second regularly scheduled meeting in January, will then make the required performance evaluation, determine the individual merit awards, and approve the respective Executive Director's goals, objectives and projects for the following 12-month period. Each individual Commissioner's vote shall be based upon a revicw of the representing Commissioner's recommendation, the CRA Advisory Committee's recommendation, the CRA Director personal evaluation, as well as the individual Commissioner's personal evaluation. B. Effective Date. This Resolution shall become effective immediately upon passage and adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this ~ day of~~~W- ,2008. . " ' L'), (', y).' ,--....'.y; A TTE$f\ ,"', '. ,), -'.. '- DWIGln E, BROCK ',J ~ ,'.. ~ COMMUNITY REDEVELOPMENT AGENCY F COL IER COUNTY, FLORIDA RMAN By: Attest 8'~tc;ba' 11Qllature 0II1~ By: DONNA FIALA, C Approved as to form an egal u lciency Jeffr Cou Item # ILPb8 ~<J Agenda Date Page 2 of2 PROCLAMA TION 1611 1 WHEREAS, Irv Berzon came to Callier County with his late wife Shirley in 1971 in (J $ucc8$fuIIJH",.1' to restore her health. Shirley lived comfortably until she passed away in 1984: and. WHEREAS, in 1973 Irv became the Collier County Engineer and Public Works Director at a time when the County had a minimal public works infrastructure and a nascent Jewish community. During his long and distinguished career as a government official and civic leader, he has been universally admired for his diligence, expertise, and integrity: and, WHEREAS, each day, the citizens of Collier County utilize rood, water, and solid waste systems that Irv helped plan ond create: while Jewish residents benefit from his instrumental role in helping develop both the Temple Shalom congregation and the Jewish Federation of Collier County: and, WHEREAS, Irv served in aerial navigation and technical intelligence with the Army Air Corps in Europe during World War II and was a concentration camp liberator. To this day, Irv carries in his wallet, pictures he took at the Ohrdruf concentration camp, as an eyewitness to the Nazi atrocities: and, WHEREAS, after honorably completing his military service, Irv re-entered the City College of New York and graduated with a degree in .u.chanical Engineering. He also completed graduate studies in Industria'- Enviraf/lMlltlll, and Watlrl' Resource Engineering: and, WHEREAS, Irv began his professitllltllllngiMering career in New York tiS Plant Engineer of the Benson Hedges Tobacco Co. Htllater joined the Pt1rl Authority of New York in 1953 where he worked on such INII-knorm facilities as the George Washingttlll Bridge, Lincoln Tunne'- Holland Tunnel ond wlult is now known as John F. Kennedy Airport. In 1957 Irv accepted a pasition as a Plant EngiMer and Factory MQflQger with the Philip Morris Tobacco Company in Caracas, Venezwla, In 1965 he returned to the United States to join an engineering firm in Columbus, OhiIJ lIS the Vice President of Water and Waste Water Design ond Construction: and. WHEREAS, the Collier County J_ish community has been enhanced immensely from the considerable service and philanthropy of Irv Berzon. He was President of Temple Shalom from 1986 to 1988 and again during the years 1990 to 1992. He was deeply in'lOlved in the development and construction af the original and current buildings housing Temple Shalom. In addition, he was a board membttr of the Jewish Federation of Collier County from its inception until 2005. Irv also servwl as tlw editor of the F.deration Star for a period of five years. He was a founding board tntImbttr of the Southwest Florida Holocaust Museum. He has also volunteered with Avow Haspk. and tlw Naples Community Hospita'- and serves as a volunteer mediator with Collier County Courts. NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida, that Irv Berzon be recognized for his contributions to Collier County and for the continuing benefits the residents and visitors experience on a regular basis. DONE AND ORDERED THIS 16'hDay of December, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ERK N ATTEST: .._~"' 16 If' BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 16, 2008 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Affordable Housing Commission: Minutes of October 6,2008. Voting Contlict Form 8B, dated April 7, 2008, with copy of minutes of April 7, 2008. 2) Animal Services Advisorv Board: Minutes of October 21,2008. 3) Board of Building Adiustments and Appeals: Minutes of October 16, 2008. 4) Collier County Coastal Advisorv Committee: Minutes of October 9, 2008. 5) Collier County Planning Commission: Agenda of November 20,2008. Minutes of September 26,2008 Special Session; October 2,2008 Regular Session; October 2, 2008 Special Session. 6) Golden Gate Community Center Advisory Committee: Minutes of September 2, 2008. 7) Habitat Conservation Plan Ad Hoc Committee: Minutes of August 27, 2008; September 24, 2008 - unofficial, no quorum. 8) Hispanic Affairs Advisorv Board: Minutes of September 25, 2008. 9) Immokalee Enterprise Zone Development Agency: Agenda of November 19,2008. Minutes of October IS, 2008. 10) Immokalee Local Redevelopment Advisorv Board: Agenda of November 19, 2008. Minutes of October IS, 2008 16 J 'If II) Immokalee Master Plan and Visioning Committee: Agenda of November 19,2008 joint w/CRA Committee Members. Minutes of October 15, 2008 joint w/CRA Committee Members. 12) Isles of Capri Fire Control District Advisorv Committee: Agenda of October 2, 2008. Minutes of October 2, 2008. 13) Ochopee Fire Control District Advisorv Committee: Minutes of October 13,2008. 14) Parks and Recreation Advisorv Board: Minutes of October 15, 2008. 161 1 fI<\ V October 6. 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY A FORDABLE HOUSING ADVISORY COMMITTEE Fiala Halas Henning Coyle Coletta -2,.-L/ LET IT BE REMEMBERED, that the Collier County Affordable Housing Naples, Florida, October 6, 2008 Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION in the BCC Chambers, Building "F," 3rd floor, of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Vice-Chair: Kenneth Kelly Stephen Hruby Cormac Giblin Brian Goguen Christine Jones Sally Masters (Excused) James Pusateri Bradley Schiffer (Excused) Fred Thomas (Absent) James Warnken Chris Spencer-Alternate (Absent) ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services Frank Ramsey, Housing Manager Misc. Corres: Dale: I d- It to Ilwn': It> L (l A I Copies to: 161 1 A\ October 6, 2008 1. Call to Order The meeting was called to order by Chairman Ken Kelly at 3:02 PM. Chairman Kelly read the procedures to be followed during the Meeting. 2. Introduction of Committee Members and Staff A quorum was established. 3. Approval of Minutes James Pusateri moved to approve the Minutes of the Meeting of August 4,2008 as submiued. Second by Steve Hruby. Carried unanimously, 7-0. 4. Approval of Agenda Brian Goguen moved to approve the Agenda. Second by Cormac Giblin. Carried unanimously, 7-0. Marcy Krumbine, Director of Housing and Human Services, stated she spoke recently at "Leadership Collier" on the topic of affordable housing. She utilized a graphic developed by Buddy Ramsey illustrating the need for a continuum of housing within the community. On one side of the equation are the programs addressing the problems of chronic and emergency homelessness with market home ownership on the other. The goal is to achieve balance. 5. Information Items A. Video Presentation . Addressed the issue of chronic homelessness and the emotional/physical toll on individuals without housing. When asked about the number of homeless in Collier County, Ms. Krumbine stated there were approximately 400 individuals but did not include those individuals in shelters. Less than 5% of the clients assisted through Housing and Human Services were considered homeless. Buddy Ramsey, Housing Manager, stated it was difficult to ascertain any reliable figure for individuals "at risk" of becoming homeless because, if they had any type of shelter (i.e., staying with family or friend), they were not yet considered "homeless." B. SHIP Program Changes Buddy Ramsey reported: . Down Payment Assistance program was temporarily suspended on August 26, 2008, . New funding guidelines were considered during the interim period. . Staff suggested a figure of 4% of the maximum allowable purchase price to be used by potential buyers for down payment/closing costs. . The Board of County Commissioners determined buyers must utilize their own funds first and recommended matching only the funds provided by buyers up to a cap of 4%. . The ratio of matching suggested by the BCC was 3 to 1. . Buyers are allowed to obtain "other assistance" such as gift funds (contributions from family) in addition to the matching SHIP funds. . Habitat for Humanity buyers receive Impact Fee Deferrals 2 161 1 A\ October 6, 2008 . Sellers are also allowed to contribute to closing costs, up to 6% of the purchase price of the house. Public Speaker: Bill Klohn, MDG Capital Corporation, stated his company is developing the Fountain Lakes project. He stated the target market for his product are those individuals who earn just below 80% of AMI ("Area Median Income) up to 140% of AMI. He asked if employers were allowed to make contributions to help their employees and if contributions were counted as part of the buyer's contribution. Buddy Ramsey stated only funds contributed by buyers are eligible to be matched. Marcy Krumbine stated since SHIP funds are tied to doc stamps, there may be a reduction in the amount of funding that Collier County receives in the future from the SHIP program. Mr. KIohn stated today's buyers have less disposable income and rely on SHIP funds. Dr. Sam Durso, Habitat for Humanity, stated Habitat was hit very hard by the change in SHIP funding and was forced to drop housing prices by $10,000 in order to close homes under the revised system. He stated there is no "credit" given by banks for the sweat equity of the buyers who work for 500 hours as part of Habitat's program. He recommended that SHIP funds should not be allowed for homes costing more than $150,000 and stated the revised program needs further discussion. Dr. Durso suggested: . SHIP funds should be allocated to individuals earning under 80% of AMI, . Allocate the money where the need is the greatest, . A flat fee (versus %) could be determined based upon future funding. There was further discussion about Habitat for Humanity's program and options available under the revised SHIP program. Bill Klohn stated the SHIP funds are essential to being able to place buyers into homes. C. Report from Affordable Workforce Subcommittee - Stephen Hruby Mr. Hruby distributed a draft report on findings concerning workforce and affordable housing incentives. A PowerPoint presentation will be made at the November meeting. The topics covered by the report: . Transportation enhancements . Fee payment assistance . Infrastructure investment . Density bonus . Housing trusts . Inclusionary zoning Conclusion: workforce and affordable housing must be a priority to the public and government in order for any of the incentive programs to be successful. 3 1610ber ~00t1 Discussion followed concerning the various proposals presented in the Report and the lack of urgency concerning the need for affordable housing. Mr. Hruby stated the draft will be revised and a final presentation will be made at the next Committee meeting. D. New CDBG Foreclosure Funds Marcy Krumbine stated the County was awarded $7.3 Million. The program is called the "Neighborhood Revitalization Strategy." There are five approved uses for the Strategy: . Establish financing mechanisms for the purchase and development offoreclosed upon homes in residential developments by low and moderate income home buyers . Purchase and rehabilitate foreclosed upon and/or abandoned properties in order to sell, rent, or redevelop . Establish land banks for homes that have been foreclosed upon - cannot retain property for more than 1 0 years . Demolish blighted structures . Redevelop demolished or vacant properties A "new" income category was created for middle income households earning up to 120% of the AMI. Marcy Krumbine stated the deadline to apply is December 1, 2008. A presentation will be made before the BCC on November 19th Funds must be obligated within 18 months and spent within four years. The State of Florida may receive $91 Million and the County may apply for additional funding if the award is made. Public Speaker: Dr. Sam Durso, Habitat for Humanity, stated Habitat bought six houses in July in Naples Manor and are ready for occupancy. Fourteen additional properties are under contract and will be ready in January, 2009. John Barlow stated 751 properties were foreclosed in Collier County in September. It is good economic sense to rehab properties because it puts money back into the community. He advised flexibility in thinking because ad valorem funds are significantly less and the current revenue stream may be reduced to a trickle. Chairman Kelly asked for a volunteer to assist Staff in reviewing applications for the new CDBG grant. Christine Jones volunteered and was appointed. 6. Action Items Election of Chairman and Vice Chairman Brian Goguen nominated Steve Hruby for Chairman and Jim Warnken for Vice Chairman. 4 161 17\-\ October 6, 2008 There were no other nominations. Both candidates accepted and will take office at next month's meeting. 7. Announcements . Housing and Human Services will hold an Open House on October 16th starting at 3:30 PM at both office locations (Building H, Government Complex, and Horseshoe Road.) Marcy Krumbine outlined the services offered to the public and StafT will be available to explain the programs and answer questions. . The Supply and Demand Subcommittee chaired by Sally Masters will meet on Friday, October lOth at 9:00 AM. . The November and December meeting will be held in the Conference Room at Naples City Hall. Further details will be emailed to the members. Next Meeting - November 3, 2008 at Naples City Hall. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:55 PM. Collier County Affordable Housing Commission --- , Chairman .mo&y These Minutes wery.-approved by the Board/Committee Chair on /7 A,0rtfllhPr as presented jI' , or as amended . IO..Jrr.rr, , 5 161 1 kl r';. Memorandum ~,'iJ8 To: Sue Filson - Executive Manager, Board of County Commissioners From: Frank Ramsey - Housing Manager, Housing and Human Services Date: November 24, 2008 Subject: Voting Conflict for County, Municipal, and other Local Public Officers Enclosed please find one original Form 8B, submitted by Cormac Jason Giblin at the April 7, 2008 Affordable Housing Advisory Committee meeting. The Clerk of Courts Minutes and Records Department has asked that this form, as well as the minutes ofthe referenced meeting, be sent to your office and placed under Miscellaneous Correspondence tor the next available Board meeting. Thank you- - '-;/)( Frank Ramsey Housing Manager Should you have any questions please feel free to contact me either by email at frankramscy(mcolliergov.nct or by phone at 252-4663. Fiala Halas Henning ....,...- Coyle COletta~ --==-- / Misc. COrTes: Dale: !lem# CC: Marcy Krumbine - Director, Housing and Human Services r., 1" DEPARTMENT OF HOUSING AND HUMAN SERVICES 3301 E TAMIAMI TRAIL, BUILDING H. SUITE 211, NAPLES. FLORIDA 34112 Phone: 239-252-4663 * Website: http://www_colhergov.neUhousing 161 lkl FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- IRST NAME-MIDDLE NAME <:;;;,' . MAILING ADDRESS ..., ? 0 . .. o OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED POINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a Mrelative~ includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in~law, mother-in-law, son-in-law, and daughter-in-law. A Mbusiness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. " APPOINTED OFFICERS: I Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you ') must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. . IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the \ minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 161 lA-\ APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST f'~'(WUc r;;;;:'I/~ ,herebYdiSclosethaton~ i II ~ (aJ A measure came or will come before my agency which (check one) I, ,20~: inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, Y inured to the special gain or loss of 1,.ytj)6'('~ I LA...AKk ;:",,,,,,-+,,,,,",,*- I Ce6l-pc. ,by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which 3hNl~ (), ,,~tI:e~a. ~~7-sJt t.m IJrlINlf' -I- -:t*1l!A\ t# vp'1kf))'1 ~~"""(/~'1t F()1) f'~Q . <fl-?~ y ~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORiDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 161 1 AI Memorandum To: Board of County Commissioners From: Priscilla Doria, SHIP Loan Processor Housing and Human Services Date: June 5, 2008 Subject: Affordable Housing Advisory Commlttee Minutes AtlIiched you will find the minutes of the Affordable Housing Advisory Committee meetlng of ADri17.2008 Y of said minutes and rstum this fonn for our records. " Title Print Name Dale Department of Housing And Human Services , . A-I April 7, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING COMMIMSSION Naples, Florida, April 7, 2008 LET IT BE REMEMBERED, that the Collier County Affordable Housing Commission in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION in the BCC Chambers, Building "F," 3rd floor, of the Government Complex, Naples, Florida" with the following members present: CHAIRMAN: Vice-Chair: Ken Kelly Steve Hruby John Barlow Cormac Giblin Brian Goguen (Excused) James Pusateri Fred Thomas (Absent) James Warnken (Absent) Sally Masters - Alternate ALSO PRESENT: Marcy Krumbine, Director of Housing & Human Services Frank Ramsey, Housing Manager, Housing & Human Services 161 1 Al . . April 7, 2008 1. Can to Order The meeting was called to order by Chairman Ken Kelly at 3:04 PM. Chairman Kelly read the following Notice into the record: Persons wishing to speak on any Agenda Item will receive up to three (3) minutes unleas the Chairman adJus" the time. Speakers need to fill out a Speaker Request form and list the topic they wish to speak on. During Commission discussion, Commission Members may ask direct questions to Individuals. Please wait to be recognized by the Chalnnan, obtain a microphone and state your name and amllatlon before commenting. Please silence cell phones and digital devices. There may not be a break In this meeting. Please leave the room to conduct personal busln.... All parties participating In the public hearing are asked to observe Roberts Rules of Order and speak one at a time once recognized by the Chairman so that the Court Reporter can record all statements being made. 2. Introduction of Commission Members and Staff A quorum was established. 3. Approval of Minutes Corrections: (a) On Page 5, under Item 6, "Suboommittee Members," the last sentence in the first paragraph should read "Fred Thomas, John Barlow, Jim Warnken, Sally Masters, Jim Pusateri and Brian Goguen nominated themselves." (b) Mr. Giblin stated he did abstain from voting on the motion made by Mr. Goguen regarding the SHIP allocation. The vote was corrected to 7- Yes/l-Absention. Mr. Giblin clarified he abstained on any vote eoncerning funding allocations for CDBG, HOME or SHIP in the One Year Consolidated Action Plan. (c) On Page 4, under Item D, "Subcommittee Report," the first sentence in the second paragraph should read: "In addition to the Housing Stimulus Program, other tools and incentives will be examined." MI'. Pusateri moved to approve the Minutes of the Meeting of March 13, 2008 as col'l'eCted. Second by MI'. Barlow. Carried unanimollS/y, 6-0. . 4. Approval of Agenda MI'. Hruby moved to flfJProve the AgelUl4. Second by MI'. Barlow. Carried unallimollS/y, 6-0. S. Information Items A. Report from Subeommittee on Aft'ordable Workforce Housing Stimulus Package Steve Hruby, SubeonuiJittee Chair, stated: · The meeting was held on March 19, 2008 . The size of the Subcommittee was reduced to three members plus the Chair · John Barlow, Brian Goguen, and Jim Warnken were elected to serve on the Subcommittee by the members of the Affordable Housing Advisory Committee · The Subcommittee will review and evaluate several initiatives · Topics selected for review: Transportation Enhancement Program, Fee Payment Assistance Program (i.e., Impact Fee Deferral Program with modifications), Infrastrueture Investment Program and Density Bonus Program · Inclusionary Zoning will also be re-examined · Land Trusts and Sustainability were added to the Subcommittee's Agenda 2 161 1 A-I April 7, 2008 · Stafffrom the Transportation Department and from Impact Fee Department attended the Subcommittee Meeting and provided input as well as feedback Transportation Enhancement Program: · The County's highest priority is coneurrency in traffic · Only a small number of Affordable Housing developments/units could be impacted · It is a controversial item but will be kept on the Agenda for potential inclusion in the comprehensive strategy Fee Payment Assistance Program: · 3% limit on hnpact Fee Deferrals should remain unchanged · EDC suggested raising the cap from 80010 to 140010 which would spread the funds over a larger group of people ("smaller slices of the pie") · The program needs to become more flexible in order to respond to market changes · Consensus: An additional source of fimding is needed to achieve a dedicated stream offunding to pay hnpact Fees · An Industrial Fee Payment Assistance Program is in place and it was suggested that this a good model to review · Potential sources of additional income were discussed · Next meeting: Apri123, 2008 from 9:00 AM to 12:00 Noon B. Impact Fee Deferral Item 00 BCC Ageoda- Marcy Krumbine Marcy Krumbine stated Staff is seeking direction from the BCC regarding the limiting of the hnpact Fee Deferral Program. She stated the Commissioners requested presentation of a proposal to limit granting hnpact Fee Deferrals to individuals who median income did not exceed 600/.. The report: · $2,835,500 Million was budgeted for hnpact Fee Deferrals · $750,000 from the General Fund was alloeated for Water/Sewer Deferra1s · 225 rental or CWHIP units · Remaining funds: $486,684 to defer general Impact Fees and nothing remaining for Water/Sewer Deferrals · 82% of the deferrals done this Fiscal Year were to families who earned less than 60% of the median income · Those above 60% are with Habitat for Humanity, Lennar Homes, and on scattered sites · Builder Deferrals: a builder transfers the deferral to the owner upon sale - no new funds are involved at the transfer Four options will be presented UJ the Board: I, To restrict the remaining funds to 60% of the median income with a request to exclude transfer deferra1s from builders who already have agreements in place and will be selling to individuals who earn up to 80% of the median income 2. To allocate certain percentages of the remaining funds, i.e., allocate 80% of the funds to households earning 60% or less of the median income with 20% for those earning up to 80% of the median income 3 161 1 t\-\ April 7, 2008 3. To defer 100% of the Impact Fees to households earning 60% or less of the median income and a lesser percentage for those earning up to 8oo/o median income. 4. To leave the Impact Fee Deferral Program unchanged To obtain a general consensus, Chairman Kelly polled the members: Cormae Giblin - Option 2 (first choice) Steve Hruby - Option 2 (first choice), Option 3 (second choice) Jobn Barlow - Option 2 (fust choice), Option 4 (second choice) Jim Pusateri - Option 4 (first ehoice) Sally Masters - Option 4 (first choice), Option 2 (second choice) Chairman Kelly - Option 2 (first choiee) Public Comment: Dottie Cook, Executive Director, Empowerment Alliance of Southwest Florida- encouraged keeping the Program as it is ("Option 4"). She suggested there should be some flexibility to go up to 8oolo of the median income. Kathy Patterson - Executive Director, Collier County Housing Development Corporation - supported Option 4 as the best choice. She stated without the deferrals, people could not get into homes. Bill K1ohn, MDG Capital Corporation - also supported Option 4 After further discussion of the Options, Chairman Kelly stated the general consensus of the Affordable Housing Commission was to recommend Option 4 which is to keep the Impact Fee Deferral Program "as is." C. Changing Make-up of Affordable HOlISing Commission on BCC Agenda Marcy Krumbine presented a draft of the Ordinance that will be presented to the BCC and gave a brief history of the establishment of the Affordable Housing Commission. House Bill 1375, passed during the last Legislative session, requires the Commission to have a minimum of 11 members with each member representing specific community interests and industries. The remaining members must be appointed by resolution no later than June 30, 2008. Still needed: · A member to represent the real estate community (Sally Masters is an alternate) · A member to represent a local Planning Agency · A member to represent banking and finance · A member to represent essential service personnel Staffwill suggest that the BCC amend Ordinance No. 91-65 to remove the requirement for two members who reside in Rural AreaIEast of 951 and to decide if the current ABC Members will be grandfathered in, to add more seats, or to restrict the seats. It was noted that Cormac Giblin, John Barlow and Jim Pusateri reside within the County and are categorized as "at large" Members under the requirements. 4 16' 1 hI April 7. 2008 Marcy Krumbine stated if compliance was delayed, the State of Florida eould withhold funding and this point will be made to the BCC, Jim Pusateri suggested changing the language in the Ordinance, in the third line of Paragraph A, from "including the Alternate member" to "and the Alternate member." D. Presentation of the County Rehab Program Rick Torres, Home Rehabilitation Specialist for Housing and Human Services · Ian Mitchell is the Grant Support Specialist for the team · The Disaster Reeovery Initiative ("ORI") is the newest program; COBO-funded; focused on hurricane relief and hardening · The Rehab Program is mandated to assist with the rehabilitation of owner occupied single-family homes · Not allowed to work on mobile homes with SHIP, COBO or DR! · Can demolish unsafe structures · Homeowner receives a zero-interest, zero-payment loan up to $30,000 · Loan will be paid back if home is sold/refinanced or if homeowner loses exemption · Loan forgiveness: 1/3 ofloan amount every 5 years · Property cannot be valued at more than $300,000 HOME program: · Federally funded · Home must be owner occupied and single family · Mobile homes are eligible · Loan is forgiven after a certain period of time . County-wide program · General population: low to very low income · HOO Housing Quality Standards Checklist is followed during inspection The income qualifications are the same for both programs, i.e., homeowners must earn 80"/0 or less of the local median income. A "Bid Specification", which is a detailed listing of all items to be repaired, is prepared for the contractor together with a floor plan of the structure. Permits are obtained through Collier County. Lead abatement is done, if required, as well as termite treatment. Inspections are conducted throughout the rehabilitation process. Mr. Torres showed several "before" and "after" photographs of various projects. He stated approximately 30 homes are actively being rehabbed throughout the year, and applications are taken year-round. 6. Reeonsiderationof Vote on Grants Many Krumbine stated Mr. Goguen was concerned about his conflict of interest. The allocations voted on by the Commission are to be reconsidered, Mr. Goguen stated his abstention at last month's meeting. 5 161 1 A-I April 7, 2008 Chairman Kelly stated a motion could be made to accept the Grant Funding for 2008-09 eycle. Mr. Hruby nwved to IICCept the G1'tlIIt Funding. Second by Mr. Pusateri. Motion carried, 5-Yes/l-Absenflon. Mr. Giblin abstained due to conj1ict of interest andflled Form 8-B, "Memorandum ofVotlng Conflict" Marcy Krnmbine noted the Memorandum will be made a part of the record. Three items were brought to the County Attorney's Office for direction: (1) Meeting in ImmokaIee - the County Attorney's Office stated the location is too far and did not provide ready and easy access for the public to attend, The exception is if the Agenda pertains solely to items affecting the ImmokaIee area. (2) Meeting in Naples - the County Attorney's Offiee stated this was an acceptable location. (3) Bembridge RFP - the Selection Committee is meeting on April 11 ,2008. After the meeting has concluded, the applicants are allowed to present to the AHC prior to making a presentation to the BCC on May 13, 2008. The BCC will make the final determination. Chairman Kelly as1redfor Members comments: · Steve Hruby stated he would like to see the presentation · Cormac Giblin had no comment · Sally Masters would like to see the presentation Chairman Kelly stated the AHC members who are on the Selection Committee will report on the process at the May 5th meeting. Next Meeting - May 5, 2008 at the BCC Chambers. There being no further business for the good ofthe County, the meeting was adjourned by order orthe Chair at 4:20 PM. Collier County Affordable Housing Commission ~~A Ken Ke , hairman These Minutes were approved by the Board/Committee Chair on as presented , or as amended 6 Fiala Halas Henning Coyle Coletta 161 14\1-' vY October 21,2008 "', ;-,; MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, October 21, 2008 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida with the following members present: CHAIRMAN: Michele Antonia Marcia Breithaupt Dr. Ruth Eisele Sergeant David Estes Tom Kepp, Jr. Sabina Musci (excused) Jim Rich ALSO PRESENT: Nan Gerhardt, Shelter Operations Manager Hailey Alonso, Administrative AssisHfflt,CBrAlS _ ::\ Dale: l )./110' ~ tlwn.JIp Ie l)A d-- Copies to 161 1A1/ October 21, 2008 I. Call to Order Chairman Michele Antonia called the meeting to order at 6:30 P.M. II. Roll Call Attendance was taken and a quorum established. III. Approval of Agenda Change: VI-C - Shelter Tour moved to IX Jim Rich moved to approve the agenda as amended. Second by Marcia Breithaupt. Carried unanimously, 6-0. IV. Approval of Minutes: September 16,2008 Change: V-C - Page 2 Update Board on Animal Foster Program- Should read Collier Spay Neuter Clinic V - Old Business - Amanda Townsend stated pets with surgical problems should "not" be brought to DAS. Marcia Breithaupt moved to approve the Minutes of September 16, 2008, as amended. Second by Dr. Ruth Eisele. Carried unanimously, 6-0. V. Old Business A. Director's Report - Nan Gerhardt distributed and reviewed a Comparison Report on Statistics for FY 2007 and 2008. See attached. . DAS Trust Fund for fiscal year is $20,839 . Calls and Shelter Visitors for fiscal year is 57,226 . Volunteer Hours for fiscal year is 4,513 B. Departmental Statistics and Reports (September 2008) Nan Gerhardt distributed and reviewed copies of the Monthly Kennel Statistics and DAS Monthly Reports for Incoming and Outgoing Animals for September 2008. . Total Incoming was 679 . Total Outgoing was 550 VI. New Business A. Attendance of Law Enforcement Representative Michele Antonia expressed concern over Sgt. David Estes' attendance. She stated the Committee was aware of his situation and his long hours and asked if sitting on the Advisory Committee was a responsibility he wanted. Sgt. Estes responded he does not have a 9-5 job and is on call 24 hours a day. He stated when his first 3-year term expired, he re-applied. If it is acceptable to the Board he would like to remain on the Board. 2 161 lAz..- October 21, 2008 B. Report of DAS Veterinarian Stats Nan Gerhardt stated the decrease in the number of medical cases at DAS in 2007 as compared with 2008 is likely due to two factors. . The decrease in the actual number of "vet requests." . Under the previous Director, each time a medical procedure was performed on an animal, they were added into the total number of medical cases. The numbers were taken from a tally sheet and did not have a corresponding vet request. V acinations done by staff were being counted as a medical procedure; and has been changed by the Director since January 2008. C. Shelter Tour - moved to IX VII. Public Comments Gisela Rowley, DAS Volunteer, asked who was in charge of the Pet Harbor website. She pointed out the need for checks and balances by DAS due to the number of pictures not shown and other incorrect information. Nan Gerhardt responded Pet Harbor captures some information from the DAS Chameleon Software Program and information from the Lost and Found Feature. Some information on the website is posted by the public. Gisela Rowley stated some of the pietures of the animals that have been at the shelter a long period of time are not there and asked why not. DAS staffwill contact Chameleon to see if there is a glitch in the software program. VIII. Advisory Board Member Comments Tom Kepp asked a question on how the public is responding to the new Ordinance on spay and neuter requirement. 'It was noted the responses have been positive and no one has had a problem with complying. Dr. Ruth Eisele asked if the Foster Program is being considered. 'Risk Management approved the concept and Nan will check with Amanda on the current status. Mareia Breithaupt asked what the earliest an animal should be spayed or neutered. *When the animal is at least 2 pounds. Holiday Jubilee is scheduled for November 22, 2008 at Veterans Park. IX. Shelter Tour Nan Gerhardt hosted a tour of the Shelter for the Advisory Committee and the Public. 3 16/ October 21, 2008 There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 7:47 P.M. The next meeting of the DAS Advisory Board is scheduledfor November 18, 2008 Collier County Domestic Animal Services lA...t:'"'---- ele Antonia These minutes were approved by the Board/Committee on as presented, or as amended ~ 4 1 kr Fiala Halas Henning )",.j A'>),' . . ,..,.. Coyle ~~ OF THE MEETING OF THEC'Ot't1ER COUNTY COletta OF BUILDING ADJUSTMENTS AND APPEALS , -.. , i -', ;-. i) Oetober 16,goot lW Naples, Florida, October 16, 2008 LET IT BE REMEMBERED, that the Collier County Board of Board of Building Adjustments and Appeals in and for the County of Collier, having Conducted business herein, met on this date at 10:00 A.M. in REGULAR SESSION at the Collier County Community Development Environmental Services Conference Room #609/610,2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Bill Sylvester John Melton Aaron Hokanson Randy Anderson Kenneth Rech ALSO PRESENT: Bob Dunn, Building Director Paula Brethauer, Operations Analyst Ed Riley, Fire Code Official :::opies to 161 1 '+3 Oetober 16, 2008 I. Call Meeting to Order The meeting was ealled to order at 10:25 AM. II. Roll Call Roll eall was taken and a quorum was established. III. New Business . Meet & Greet of new Board Members and CDES Staff Bob Dunn, Building Director, introduced the following Staff to the Board: Gary Harrison - Chief Building Inspector, Rich Long - Electrical Inspections, Jim Turner - Chief Mechanical and Plumbing Instructor, Paula Brethauer - Staff Liaison fiJr the Board. . Overview of BOAA Bob Dunn noted there are new Fire Codes to be adopted in December of 2008 and the new Florida Building Code is to be adopted in Mareh of 2009. The Board is subject to the Sunshine Law. Paula Brethauer provided a handout to address the Sunshine Law and noted in the future, the County Attorney may make a presentation if necessary . Ed Riley, Fire Code Official, stated the Fire Code Offiee (whieh review permits in relations to Fire Code Requirements) is a separate jurisdiction from the County but does interact with the Collier County Building Code offiee on a daily basis. The office's attempt to resolve any disputed Code interpretations issues that oeeur with applicants. If this is not aecomplished, it may be necessary to appear in front of the Board for a resolution of a particular issue. . Select a Chairperson Mr. Sylvester nominated Kenneth Rech for Chairman. Nominations were closed and Mr. Rech is Chairman. IV. Public Comments None V. Review of future meeting topics Bob Dunn noted there is no meeting seheduled at this time, however there are plans for scheduling a meeting in January and will send any applieable copies of the State of Florida Statutes, Land Development Codes and Fire Codes to the Board. The members introdueed themselves and noted their baekgrounds: Kenneth Rech - Professional Engineer, 4 year Board member Randy Anderson - Licensed Electrician, new member Aaron Hokanson - Professional Plumber, new member John Melton - State Certified General Contraetor, new member Bill Sylvester - Fire Service (Golden Gate Fire Marshall), new member 2 16J Oetober 16, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:45 A.M. Collier County Building Board of Adjustment and Appeals ~~ Kenneth Rech, Chairman These minutes approved by the Board/Committee on as presented or as amended. 3 Ilt3 :8' /. 'YJ:P_-+" CAC November 13. 2008 ~ Henning -( YI~; :pproval of CAC Minutes g~r~:a -{1.-v 16 rOber 9, 2004\4 MINUTES OF THE MEETING OF THE COLLIER COUNTl COASTAL ADVISORY COMMITTEE Naples, Florida, October 9, 2008 LET IT BE REMEMBERD, that the Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 PM in REGULAR SESSION in Building "F," 3rd Floor of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: John Sorey III Jim Burke Oayid Buser (Resigned) Ted Forcht Murray Hendel (Excused) Heidi Kulpa Anthony Pires Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen M. Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Mike Bauer, Natural Resource Manager, City of Naples Ilwn#: Copies to GAG November 13, 2008 VI-1 Approval of GAG Minutes 2019 October 9. 2008 I. Call to Order The meeting was called to order at 1 :00 PM by Chairman John Sorey. 161 1# II. The Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Gary McAlpin noted the following changes: Under Item VII, "Staff Reports: " . (#7) Wiggins Pass/Doctors Pass Dredging - drawings were posted on the Internet as requested, . (#4-A) Post Tropical Storm Fay - the Storm Report was updated and posted on the Internet, Under Item VIII, "New Business: " . Category (#3) Wiggins Pass Modeling Work Team Vacancy was added to the Agenda Mr. Burke moved to approve the Agenda as amended. Second by Mr. Forcht. Carried unanimously, 6-0. V. Public Comments Chairman Sorey noted Larry Magel, the new designee for Marco Island, was observing the meeting. Mr. Magel is awaiting confirmation of his appointment from the Board of Commissioners. VI. Approval ofCAC Minutes 1. August 14, 2008 2. September 11,2008 Chairman Sorey asked for a Motion to approve the Minutes of the Meetings. The following corrections were noted to the August 14,2008 Minutes: . Page 4, under Item #5, (heading): Gordon River "Edge" is changed to Dredge . Page 4, under Item #5, (heading and text of (a.): "Keewaydin" is repeated twice when stated, i.e., North KeewaydinKeewaydin . Page 4, under Item #3 (text and motion): Work order I(;IPE is changed to Work order eFE . Page 8, in the first sentence: re-imbursement is changed to reimbursement Mr. Rios questioned why "minutes" were presented for August 14th since it was not an official meeting because there was no quorum. 2 CAC November 13. 2008 VI-1 Approval of CAe Minutes 30f9 October 9, 2008 161 IJ\lf' Chairman Sorey stated the minutes documented what transpired and that no official business was conducted. Mr. Rios moved to approve the Minutes of the August 14, 2008 Meeting as amended Second by Mr. Burke. Carried unanimously, 6-0. Chairman Sorey stated he combined the Minutes for both dates when he announced the item. He asked the Motion Maker if he understood the motion was for both and Mr. Rios agreed. Chairman Sorey stated both Minutes were approved. There were no corrections to the September 11, 2008 Minntes. VII. Staff Reports 1. Revenue Report - Gary McAlpin The "Tourist Tax Revenue Report - FY 2007-2008" was reviewed as follows: . $14,795,681 was collected . Projections were exceeded by $296,381 . There was a shortfall for September's revenues Chairman Sorey suggested placing an item on a future Agenda to discuss the possibility of postponing projects if a pattern of shortfalls continues. Mr. McAlpin stated the end ofthe first quarter would be an appropriate time to review any trends. Revenue contributions: . County - approximately $7.2 Million . Naples - approximately $3.7 Million . Marco Island - $3.5 Million ($22,000 less than Naples). Marco Island "breaks even" in respect to the amount of money received versus the amount contributed (approximately 25%). Mr. McAlpin stated an analysis will be compiled and presented to the Committee. 2. Project Cost Report - Gary McAlpin The "FDEP Funding and Billing Summary" report was reviewed and there were no questions or comments. 3. Tropical Storm Fay Damage - Update . Storm day: August 19, 2008 . Representatives ofFEMA and the U.S. Army Corps of Engineers (USACE) inspected the beaches . USACE estimated 160,000 cubic yards of material were lost with a cost of $5M to replace sand 3 CAC November 13, 2008 VI-1 Approval of CAe Minutes 4019 October 9, 2008 16 I 1 f\4 . County estimated 200,000 cubic yards were lost with a cost of$13M to replace beach sand . County is eligible for Federal Disaster Funds under Category G ("Other") and will be reimbursed for any documented loses at 75% 4. FEMA Survey Results . Yearly physical surveys of beaches are conducted by Coastal Planning and Engineering in early-to-Iate summer and benchmarked · County can demonstrate that its beaches are under a continual maintenance program . Volume lost was calculated at 117,700 cubic yards . Normal annual erosion is approximately 68,000 cubic yards . Beaches were previously re-nourished to five feet (accepted profile) . Naples and Vanderbilt Beaches were built to a width of 100 feet and Park Shore Beaches were built to a width of 75 feet . Tropical Storm Fay pushed more sand on top of the beaches building them up to approximately six feet, but the beach width became narrower Post Tropical Storm Fay Storm Report - Update Mr. McAlpin suggested reviewing the past performance of the beaches and acknowledged there were some "hot spots." If a decision is made to build beaches that are higher and wider, FEMA will Reimburse the County for a complete re-nourishment if the PWs are approved. If the County contributes money or sand, FEMA will take a pro-rata share of the fixed costs. He recommended re-evaluating the current beach design because most beaches are over-topped as evidenced by recent poor performance. More height and width are required to withstand storms. These conditions may lead to a Federal declaration which will produce funding to renourish the beaches. He also suggested examining the basis to determine impact to the hard bottom of the beaches. In response to a question regarding the availability of modeling, he stated Coastal Planning and Engineering was asked to take a conservative approach to its initial hard bottom design. He explained the beaches are being evaluated from two points of view: volumetric (loss of sand) and beach width. The greatest change occurred regarding beach width. He further stated if an emergency is declared, the funding is based on actual costs and will be adjusted if the estimate is too low. The proposal will be presented to FEMA. The goal is to renourish to the width of the last re- nourishment to make the beaches more active for the community and tourists. 4 CAC November 13. 2008 VI-1 Approval of CAG Minutes 50f9 October 9, 2008 161 1 -A-tf In response to a question concerning sand height, Mr. McAlpin confirmed that the height would not be reduced from six feet to five feet. Four PWs will be processed for Naples, Vanderbilt, Park Shore and Marco Island. When questioned about the submittal process, he stated Staff had been instructed by the County Manager to work with FEMA and the State Department of Community Affairs to generate an agreement which will be reviewed by the BCe. Discussion ensued concerning the most receptive approach to submit to FEMA. DEP permits are in place. Renourishment will probably not occur unti I 2009. Public Speaker: Marcia Cravens, Pelican Bay Resident, Mangrove Action Committee, Friends of Clam Bay, Sierra Club, noted number R-37 through 45 were missing and asked the original width of that stretch of beach, the erosion and plans. She stated the correct term for a sudden storm event is "avulsion" not erosion. Mr. McAlpin stated the beach area referenced is a private beach. It will not be renourished by the County due to lack of public access and FEMA will not reimburse expenses related to private beaches. 5. Gordon River Dredging - Update . A conference call with Mike Bauer to the U.S. Army Corps of Engineers is scheduled for later in the month . In certain areas, the sand is not beach quality - approximately 26,000 cubic yards will be removed for disposal although disposal sites are difficult to find . Approximately 60,000 cubic yards of excess good material is available for use elsewhere . City of Naples will be involved in all discussions . Inlet Management Plan allows sand to be relocated from a beach with excess material to a down drift beach . Beach Management Plan allows placement of excess sand on upstream beaches if not needed elsewhere - the County will work with DEP on this issue Mr. Pires introduced a copy of Page 3 of the May, 2008 Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems' Strategic Beach Management Plan for inclusion in the record. It noted placement of beach quality maintenance dredge material on down drift beaches south of the inlet. 6. Dune Planting - Update . Over 120,000 plantings of dune vegetation were completed at Barefoot Beach, Clam Pass and Marco Island . In 2009, the balance of Barefoot Beach will be planted 5 CAC November 13, 2008 VI-1 Approval of CAG Minutes 6019 16orer9'r8 k~ A question was asked about the vegetation situation at Tiger Tail Beach. Mr. McAlpin stated the problem area was identified by posts. It will be raked and monitored. 7. Wiggins Passmoctors Pass Dredging - Status Update . The design has been completed for each Pass . The bid package was delivered to Purchasing . No permit modifications were made . Goal: to remove approximately 49,600 cubic yards of material from Wiggins and 36,000 from Doctors . Dredging to begin in January, 2009 . Approximately 12 weeks from start to completion . Cooperation was noted between City of Naples and County for this project A question was asked whether significant beach erosion had been measured at Pelican Bay. Mr. McAlpin will forward the beach erosion profiles to Mr. Burke for his review. 8. CAC Verbatim Minutes . A County Attorney's finding stated minutes can be obtained from a recorded C/D or video of the hearing; the County is not obligated to provide verbatim minutes. Any member of the public may obtain verbatim minutes at their cost. Public Speaker: Marcia Cravens, Pelican Bay Resident, Mangrove Action Committee, Friends of Clam Bay, Sierra Club, stated the subject of verbatim minutes was discussed at the March 13,2008 meeting. The conclusion was to allow recap minutes with the ability for a Committee Member to enter a statement "for the record." She stated it was unfair to not allow a public speaker the same opportunity to state "for the record. " An Executive Summary stated, "Mancan has currently been providing detailed abbreviated minutes for the CAC and will continue to do so with key items being noted in an outline format." It was noted that a public speaker could submit a written statement to be included with the record of the meeting. 9. Procedures for CAC . A challenge was made to the 3-minute time allotted to public speakers . The current policy is to allow 3 minutes per speaker but the Chairman has the discretion to extend the time limit to 5 minutes When asked ifhe wanted to change the policy, Chairman Sorey stated Naples City Council also follows the 3-minute time limit and declined to change. 6 CAG November 13. 2008 VI.1 Approval of CAC Minutes 7019 October 9,2008 Mr. Pires suggested the policy should be revised to be consis!nt? I 1 A--ti Mr. McAlpin stated he will contact the County Attorney's Office to modify the Rules and wi II bring back the amended version at a future meeting. Public Sneaker: Marcia Cravens, Pelican Bay Resident, Mangrove Action Committee, Friends of Clam Bay, Sierra Club, referred to Resolution #2004-01 which stated, "All persons may speak for a maximum offive (5) minutes each. " She had not been allowed five minutes for her comments. VIII. New Business 1. Approve Work Orders by CP&E a. WO CPE-FT-3902-08-08 b. WO CPE-FT-3902-08-09 c. WO CPE-FT-3902-08-10 Mr. McAlpin requested approval of the Work Orders. Discussion ensued concerning the rate schedule utilized by Purchasing and the possibility of obtaining better rates in the private sector. Ms. Kulpa moved to approve the Work Orders as presented. Second by Mr. Rios. Carried unanimously, 6-0. 2. Sea OatlHeaIthy Dune Policy - Discussion A photograph of the dunes taken on Storm Day was projected for view. Mr. McAlpin suggested forming a Subcommittee to examine policy regarding dune plantings so future renourishment plans will contain a dune component. There is no comprehensive policy concerning dune vegetation and protection He suggested the Committee could request the participation of Dr. Bauer from the City of Naples in cooperation with Nancy Richie, Marco Island Natural Resources Manager. Mr. Mr. Alpin was directed to contact the City Managers of Naples and Marco Island to request their assistance and participation. 3. Wiggins Pass Modeling Work Team Vacancy Mr. McAlpin stated there was a resignation from the Wiggins Pass Modeling Work Team and asked for a recommendation to approve the nomination of Mark Latch to fi II the vacancy. M~'. Kulpa moved to approve the nomination. Second by Mr. Pires. Carried unanimously, 6-0. 7 CAC November 13, 2008 VI.1 Approval ofCAC Minutes 80f9 October 9, 2008 16 I 1 Aq IX. Old Business 1. Wiggins Pass Modeling Work Group Update - Verbal A meeting will be held on October 22,2008 to discuss implementation of the following options: . provide a healthy Pass that is safe for boaters to use, . cause minimal damage to the environment, and . restore the north end of Barefoot Beach in a cost-effective manner. The goal is to bring a single solution back to the Committee and BCC for review and approval. 2. Marco Beach Advisory Update - Verbal Mr. Rios stated the beach front plantings on Marco Island were very successful. In response his question concerning the breakwaters and jetty study, Mr. McAlpin stated Humiston & Moore is preparing a proposal concerning costs in addition to a proposal to renourish Tiger Tail Beach and should be submitted next month. X. Publie Comments Marcia Cravens, Pelican Bay Resident, Mangrove Aetion Committee, Friends of Clam Bay, Sierra Club, asked why areas south of Clam Pass were not included in the beach erosion report. She stated at the August meeting she submitted documents in addition to making comments, but the information was not included in the Minutes. Mr. McAlpin stated the report was produced by FEMA and it was not the Annual Beach Monitoring Report, If a beach has not been designated as "critically eroded," it is not eligible for funding. XI. Announcements 1. Letter of Resignation Mr. McAlpin stated Dr. David Buser submitted his resignation to the Advisory Committee. The City of Naples has been asked to appoint an individual to fill the vacancy. XII. Committee Member Discussion A suggestion was made to add a preamble to the FEMA report stating that only critically designated beaches were addressed. XIII. Next Meeting Date/Location November 13,2008 - Government Center, Administration BIdg, F, 3'. Floor 8 CAC November 13, 2008 VI-1 Approval of CAC Minutes 9019 October 9,2008 16 I 1 14 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2 :35 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE //-/"3~8 These Minutes were approved by the Board/Committee Chair on L/ as presented or as amended X 9 ~i=l=s. ~161 1(0 AGENDA Henning Iv Coyle ~ qletta A <c- COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., fHURSliAY, NOVEMBER 20,2008, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 330 I l' AMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - SEPTEMBER 26, 2008, LDC MEETING; OCTOBER 2, 2008, REGULAR MEETING; OCTOBER 2,2008, LDC MEETING 6. BCC REPORT- RECAPS - SEPTEMBER 24,2008, LDC MEETING; OCTOBER 7, 2008, LDC MEETING; OCTOBER 14-15 REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: BD-2008-AR- I 3305, Peter D. Donahue, represented by Ben Nelson, Jr. of Nelson Marine Construction, Inc., is requesting the addition of a boatlift to slip number one in an existing 24-slip dock facility that protrudes 44 feet and six inches into the waterway. Proposed change includes adding a boatlift, extending it approximately 10 feet further into the water for a total distance of approximately 54 feet and six inches from the mean high waterline (MHW). The subject property is located at 4895 Bonita Beach Road in Hickory Bay West, a condominium, in Section 5, Township 48 South, Range 25 East, Collier County. Florida. (Coordinator: Ashley Caserta, Senior Planner) B. Petition: PUDA-2008-AR-13494, Kite Kings Lake, LLC, represented by p. ~'illl....Amold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., JlI~ob'lmy/!;, Coleman, Johnson, Yovanovich and Koester, is requesting a PUD Amendment to modify the p'erm~ttedlJ;.oq,fIWlJcm'uses within the Kings Lake PUD (Ordinance No. 82-52). The 9.63-acre subject prbll\!ft) ;" ~a{4~~U Davis Boulevard, in Section 7, Township 50 South, Range 26 East, Collier Co un\);, Fllori~a. (COord(ator: John- Davtd Moss, AICP) I em . t to. LC )A~ 1"')01(;'1 to: 16r 1 o C. To have the Collier County Planning Commission (CCPC) review and consider a proposed ordinance to amend Ordinance Number 90-17, known as the "Collier County Noise Ordinance", codified as Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Numbers: 93-77, 00-68, 04-15, and 07-61 that is intended to provide sound 'evels that are not detrimental to life, health, enjoyment of his or her property. (Coordinator: Jeff Klatzkow, County Attorney; Jeff Wright, Assistant County Attorney) 9. ADVERTISED PUBLIC HEARINGS A. Petition: SY-2006-AR-10482, Seasonal Investments, Inc. d/b/a Fairways Resort, represented by Tim Hancock, AICP of Davidson Engineering, Inc., is requesting seven variances. The first variance is from Subsection 5.06.04.C.16.a. of the Land Development Code (LDC) which requires an off-premise sign to be located in a nonresidential zoned district to allow an off-premise sign in a residential zoned district. The second variance is from Subsection 5.06.04.C.16.b.i. of the LDe which allows a maximum sign area of 12 square feet for a double-sided oft:'premise directional sign to penn it a 79.6::f:: square-foot off-premise sign. The third variance is rrom Subsection 5.06.04.C.16.b.ii. of the LDC which allows a maximum sign height of 8 feet in height above the lowest center grade of the arterial roadway for an off-premise directional sign to allow a maximum sign height of 20 feet. The fourth variance is rrom Subsection 5.06.04.C.16.b.iii. of the LDe which requires that a sign is located no closer than ten feet to any property line to allow a sign within zero feet ofa property line. The fifth variance is from Subsection 5.06.04.C.16.c. of the LDC which requires an off-premise sign to bc locatcd no closer than 50 feet from a residential zoned district to allow a sign to be located within a residential zoncd district. The sixth variance is from Subsection 5.06.06.Z. of the LDC which prohibits any sign which publicizes an activity not conducted on the premises upon which the sign is maintained to allow an olT-premises sign. The seventh variance is from Subsection 5.06.06.AA. of the LDC which requires that no sign shall be placed or permitted as a principal use on any property, in any zoning district. The subject property is located at the northwest corner of Piper Boulevard and Palm River l>rive, in Section 23, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) CONTINUED TO 12/4/08 B. Petition: PUDA-2007-AR-11546, Longshore Lake Foundation, Inc., represented by Rober! L. Duane, AICP of Hole Montes, Inc., requesting a Planned Unit Development (PUD) Amendment to Longshore Lake PUD Ordinance No. 93-3, Section 3.2 B. to allow an off premise sign for Saturnia Falls (aka Terafina PUD) in Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-site premise sign to become an on-site prcmise sign for Longshore Lake; to reinsert partially omitted Traffic Requirements: Section 5.2, Stipulations subsection 2; to reinsert omitted Traffic Requirements: Section 5.2, Stipulations subsections 3 and 4; and to add Section 8: Deviations. The subject sign is located on a .5::l:: acre property located on the southeast corner of the Longshore Lake PUD, at the northwest corner of the intersection of Immokolee Road (CR 846) and Logan Boulevard in Section 20. Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) 10. OLD BUSINESS II. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN I ]/20108 cepe AgendalRB/sp 2 Fiala Halas Henning Coyle Coletta 16 J 1 ~ September 26, 2008 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida September 26, 2008 p.(J<,rd ;'it. >';i,nt,. \' L"d'C::-::':OfjG1S 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 SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed-Caron Tor Kolflat Paul Midney Bob Murray (Absent) Brad Schiffer Robert Vigliotti David.I. Wolfley (Absent) ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Director Ray Bellows, Zoning & Land Development Rcview Misc. Corres: Date: ltem#: Page 1 Copies to: 161 1 p September 26, 2008 CHAIRMAN STRAIN: Speakers are on, everyone. Good morning. Welcome to the continuing saga of the 2008 Cycle I Land Development Code amendments. God only help us if there's a Cycle 2, because the year's almost over. But please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay, this is the Land Development Code meeting that was continued, what, four different times, I think, to today. MS. F ABACHER: Mr. Chair, could I read that into the record? Susan asked me to. CHAIRMAN STRAIN: Read what into the record" MS. FABACHER: What you're saying. CHAIRMAN STRAIN: I just said it. MS. F ABACHER: All right. This is Cycle I Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: No, I was -- I know you want to make a presentation, an introduction, and that's fine. But let me get to the point where that can be done. Roll call by the secretary, please. COMMISSIONER CARON: Mr. Schiffer" COMMISSIONER SCHIFFER: I am here. COMMISSIONER CARON: Mr. Kolflat" COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: Ms. Caron. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: And Mr. Vigliotti" COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: So that means that Mr. Murray and Mr. Wolfley and Mr. Midney are absent. Item #3 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Next Thursday we have a regular planning commission meeting. And we usually are good for quorums on that. Just to verifY -- anybody here today know that they won't be here next Thursday" Because if you -- you should have already received your packages. A supplement is supposed to be passed out to us today. And those that aren't here will get them couriered to them. But it's a second consent item for next Thursday. But if you'll notice on next Thursdais agenda everything got continued except for one item. I expect that we will be done rather quickly next Thursday. maybe an hour. hour and a half. Based on that, rather than see us get too tired and too strung out and get too rushed at today's meeting just to be done with it, because that's not what we need to do with these LDC amendments, they're far too important, I would suggest to this board that we pick a reasonable time this afternoon to quit and then continue to next Thursday after our regular meeting and finish the time up then. I think that will give us a little bit of a breather and we haven't got to go for a marathon meeting here today. How's the rest of us feel about that? COMMISSIONER CARON: I think that's a good idea. COMMISSIONER VIGLIOTTI: What do you consider a reasonable time, 3:00? CHAIRMAN STRAIN: I was thinking 9:00. COMMISSIONER VIGLIOTTI: Yeah? I'm okay with that. CHAIRMAN STRAIN: No. I was thinking about 3:00. That will get us all time to get possibly some personal business done in the afternoon. Does that work? Anybody have any -- MS. FABACHER: I wanted to just mention, Commissioner, that Joe had -- we had originally scheduled a BCC/LDC Page 2 161 1 " ~ September 26, 2008 meeting this coming Tuesday, the 30th from 9:00 in tbe morning until whenever. That day is -- and the room is still available, if you wanted to do it this Tuesday as opposed to after your regular -- I'm just saying that it's available if you -- CHAIRMAN STRAIN: We already know we usually are here on Thursdays, especially the first Thursday of every month. It works out well to keep that continuity up. So we'll just leave it-- MS. FA BACHER: Whatever you want to do. I just -- Joe asked me to just mention it. CHAIRMAN STRAIN: Okay. Well. we'll leave it for next Thursday. So at some point today, probably no later than 3:00, or we'll round it offby 3:00, we'll continue this meeting till that point. Because there is no way we'll finish today. So that's real clear. And with that, that's the last item I have to discuss before Catherine, you wanted to make some introductory comments. MS. F ABACHER: Thank you. I just wanted to say that, you know, everybody's working hopefully from their notebook and you've been able to keep up with the supplements that we scnt. We will be following the agenda and the checklist straight through. And you might notice on the new checklist it shows you what summary sheet you're talking about on the right-hand side, the first colwnn. The second column shows you what page it should be in your book, Page 197,201. Obviously the EAR-based amendments are marked in red. And I imagine tbat's all I'm supposed to say. CHAIRMAN STRAIN: Okay. By the way, I know you've got a distribution as a supplement to next Thursday's regular meeting. Whatever you can't pass out because some are missing, obviously, they need to be couriered to those individuals. MS. F ABACHER: No problem. CHAIRMAN STRAIN: But I hope that staff has sent a package including the supplement to the new commission member who was appointed on Tuesday. MS. FABACHER: I believe that Sharon has. I'll check with her. CHAIRMAN STRAIN: I would assume that her first productive meeting will be then on the 2nd. MS. FABACHER: I understand that. And I believe that Ray Bellows said he was going to meet with her a couple times and try and, you know, bring her up to speed. Item #4A LAND DEVELOPMENT CODE (LDC) AMENDMENTS (CONTINUED FROM PREVIOUS AGENDA) CHAIRMAN STRAIN: Okay, for members of the public and anybody wishing to speak today, we're going to forego the sign-in slips. I'll try to remember after each issue to ask if anybody wants to speak. And we certainly are trying to get as much information on these matters as we can. So please feel free to speak at that point when we ask. With that, our first one today is on page 197. it's 3.05.07 H.I.h.i, preserve uses. And Steve, looks like you're leading. MR. LEN BERGER: Good morning. For the record Steven Lenberger, Engineering and Environmental Services Department. The first amendment is due to a compo plan amendment. And I put the section of the compo plan on the visualizer. And it should be up there as the bottom one, titled Recreational Uses in Preserves. And it's followed by the Storrnwater in Preserves, which is a subset of the recreational uses. Basically if you look at the policy, we're supposed to define recreational uses that won't impact the minimum required amount of native vegetation, cause any loss of function to the preserve, and that includes a reduction or a change in the vegetation or hanning any listed species within the preserve. Did you wish to go page by page like you did last time? CHAIRMAN STRAIN: I think that's the best way, especially with these. There's a lot of questions, so why don't we do that. MR. LENBERGER: Sure. CHAIRMAN STRAIN: And if you're finished then. we'll just start with Page 197, which is really the introductory page, and 198. Any questions from members of the commission on those two pages? Ms. Caron? COMMISSIONER CARON: 198, it would be h.ii. Pathways shall be limited to provide access to the different types of habitats and natural features within the preserve. In order to minimize the impact pathways have on preserves, the pathways adjacent to the preserve or within -- in order Page 3 161 1~ September 26, 2008 to minimize the impact pathways have on preserves, the use of pathways adjacent to preserves or within the preserve is encouraged. I don't know why we're encouraging it. Why don't we just limit it? MR. LENBERGER: Are you saying limit the pathways to being ac\iacent to the preserve or not in it" COMMISSIONER CARON: Why not limit them to being adjacent to the preserve, as opposed to in it? That way you don't have to worry about -- MR. LEN BERGER: We met with the EAC sub-committee on this and all the stakeholders, and we've had all kinds of ideas thrown about, from impervious pathways and bicycle paths all the way down to footpaths and just limiting things to adjacent to the preserve. And staff tried to reach a balance between all the impact we received, and that's why thc language before you was drafted that way, kind of allowing some pathways but not just adjacent to, as kind of a compromise. CHAIRMAN STRAIN: If you were to limit it tojust that. but you have preserves as you do in many case that butt up to a common property line so that they can be contiguous to another preserve off-site, you wouldn't be able to basically then have a pathway in some areas, because it wouldn't be at the boundary of the preserve, it would be actually within it then. And that may be desirable. I mean, I'm working with the state on one location right now that they're trying to conform to our code, and their pathways are nature trails, kind oflike what they have at Corkscrew Swamp Sanctuary. Ifwe were to strictly limit it to the adjacent to preserves, they would -- it would basically eliminate tbeir ability to do what they're trying to do. And it's for a good public benefit, so -- MR. LENBERGER: It would depend bow it's permitted. Sometimes the wetlands, if they flow off-site, there's no berm at the perimeter. If there is a berm, sometimes you can put a pathway on the benn. So it depends on the individual circumstance. I don't know the specifics of your project we're working on. CHAIRMAN STRAIN: Any other qucstions on Page 198? (No response.) CHAIRMAN STRAIN: Steve, the first paragraph, the small h, the last part of it. It says, will not cause any adverse impacts to the vegetation or wildlife within the preserve. That's not the language that's in the CCME. And if you look at the last line and the one in front of us it says, does not reduce the minimum required vegetation or cause harm to listed species. I would rather we use that language. Is there a reason why we couldn't? MR. LENBERGER: There isn't any reason. We can change that. CHAIRMAN STRAIN: Because I wouldn't want to see any kind of misinterpretation between what the code's intention is and what the GMP says. MR. LENBERGER: We wouldn't have a problem with that at all. CHAIRMAN STRAIN: Under i.a, pervious nature trails, impervious nature trails. Impervious is sometimes a questionable situation, because paver blocks, for example, have a proportionate amount of pervious area versus impervious, or even those, what do they call them, grass blocks or the concrete that allows water to percolate through it. How would anyone be able to use those alternatives in this paragraph? Or is that -- how would that be looked at? MR. LENBERGER: I believe that would all be looked at as impervious. CHAIRMAN STRAIN: There's no percentage the" of-- MR. LENBERGER: No, we didn't address that. We only limited the impervious to ADA access and whatever the requirements are for that. We could address that, if you want, but we haven't. CHAIRMAN STRAIN: Well, I just want to make sure that someooe could come in with that kind ofa use and still -- as long as it mcets ADA, you wouldn't have any problem with it by this language? MR. LENBERGER: Well, the reasoning a number ofthe stakeholders didn't want the blocks or pavers or things oftha! nature is because when you're in a preserve, you often have roots uplifting structures and things like that. And obviously there1s maintenance associated with that, and it has some impact on the vegetation. So that's why we just kind of limit it to impervious pathways. And having these kind of paver blocks, which although allow some seepage of water or have open areas where the grass is, it would still be a hardened surface that could be upheaved by roots and things of that nature, so-- CHAIRMAN STRAIN: Well, wouldn't any impervious application, even asphalt, concrete, they're all that, or would file under that? MR. LEN BERGER: That's correct. But we added the ADA because there are certain requirements that if you have a feature or a natural feature like an overlook in a preserve, you have to provide ADA access up to that point. So we were trying to Page 4 16 1 1 i><~ September 26, 2008 address that requirement. CHAIRMAN STRAIN: Under i, the paragraph that Ms. Caron had pointed out where it says pathways shall be limited to provide access, could we just simply say pathways may provide access? Isnlt that a simpler way to say it without -- MR. LENBERGER: The reason we use shall is we wanted to allow people to have pathways in the preserve to see all the different types of enviromnents that might be in a preserve. But we've had I know one proposal where basically the proposal was to have pathways all over the place, looked like a spiderweb, basically, and we wanted to avoid that. That's why we use shall. CHAIRMAN STRAIN: Okay. I'm not sure that still works, only because I understand your argwnent about habitats, but you could have multiple points ofthe same habitat within the same preserve and you would basically be limiting it then to, what, just one example of that habitat before you go any further? MR. LEN BERGER: Yeah. I'm reading it over as you're speaking here, and I understand what you're saying. CHAIRMAN STRAIN: I mean, Corkscrew would be in trouble. MR. LENBERGER: Well, we're not trying to limit it in the respect that you can only go through it once, but we want to avoid overexcessive trails. So if you have some ideas on how to do that. May -- I don't know if we could prohibit someone horn or prevent someone from overuse of trails. CHAIRMAN STRAIN: But if the trails' positioning requires them to replace the lost habitat from the use ofthe trail, how then could you have overapplication ofthe trails? MR. LENBERGER: From the context we're used to seeing, like at Corkscrew and other preserves, it's not a problem. But I wish I had this application here where it was just trails, like in a spiderweb type effect. It was just overdone, it was very obviously overdone. And I'm not sure how to prevent that type thing. CHAIRMAN STRAIN: Well, I understand your point, but ifin trying to prevent one example that was overdone are we making the restriction too prohibitive to anybody else that may be trying to do it right for better reasons" MR. LEN BERGER: Yeah, I see what you're saying. And I guess it could be interpreted that way, so-- CHAIRMAN STRAIN: This will come back. Could you think about that language before you come back and maybe we can discuss it further then? Ms. Caron? COMMISSIONER CARON: But typically, as you know, in all other things that we deal with, we have to prevent the poor example and then make adjustments for the people who are actually trying to do it right. That's the way it is on every other thing that we deal with up here. CHAIRMAN STRAIN: Right. COMMISSIONER CARON: Our laws are there because of the bad apples. not because of the people that do it right, so CHAIRMAN STRAIN: Okay, ii, pathways shall be kept to a maximum of six feet width. Could you add the words unless required by federal or state regulations to be wider? And what I'm referring to is changes in possibly the ADA access or two-way access by wheelchairs and things like that Tfthey for some rcason have to go wider and the state regs require it or the federal regs require it, they certainly should be allowed. Is that okay? MR. LENBERGER: I would think that would be appropriate. CHAIRMAN STRAIN: Okay, iii, a minimwn preserve width of 30 feet must be maintained on either side of the pathway. That would mean then with a six-foot pathway you would have to bave a preserve that's 66 feet wide. So if anybody wants to come into a preserve that is on a neck ofland or any other geographic limiting problem, they really -- this becomes a real -- you have to have at least 66 feet wide at any point that that pathway were to cross. Is that -- MR. LENBERGER: We were trying to maintain minimum width on either side ofa pathway, instead of fragmenting smaller pieces where you have influences from the edge, different types of uses. We've also tried to encourage pathways adjacent to preserves. And in areas where you have a very narrow section of preserve, it's probably more appropriate to have the pathway go outside the preserve and go along the perimeter. And we also added language in the very last item on Page 199 that there's no setback requirement for impervious pathways. So we're trying to encourage, when you have these vcry narrow strips, to skirt outside on the edge of the preserve to try to maintain the integrity of that portion of the preserve wherc it's very narrow. CHAIRMAN STRAIN: Okay. So in iii then where it says a minimum preserve width ofJO feet must be maintained on either side of pathways, you don't mean both, you mean just one or the other. So you're looking at a 36-[00t wide minimum Page 5 16' 1 ~ September 26, 2008 width. MR. LENBERGER: Well, whatever the minimum -- yeah, if you have a 3D-foot wide section of pathway and you put your -- 3D-foot wide section of preserve and you put your pathway adjacent to it. that would be fine. CHAIRMAN STRAIN: Well, how does that then conflict with A.i, where you're asking that -- we're encouraging pathways to be on the edges of preserve buffers? I mean, I understand that -- well, I know they'd be outside there, but then there'd be -- so even -- that's where you could -- you have to put them outside the preserve if you have a preserve narrower than 30 fect? MR. LENBERGER: That's correct. CHAIRMAN STRAIN: Okay. And then undcr ifi.v, pathways shall not interfere with any listed species using or present within a preserve. You know, that really needs to be struck. The ambiguity in that statement can eliminate pathways anywhere that anybody wants to come up with any kind of argwnent at all. I can't see how that is reasonable. I mean, as far as pathways shall not interfere with any listed species using or present within the preserve, you could have something flying over and it could be an argument it interferes with it. And I know that maybe you wouldn't do that as a reasonable person, but not everybody may be reasonable. MR. LENBERGER: I would have a suggestion, if you don't like that language -- CHAIRMAN STRAIN: To me, I think it's Wlreasonable, but-- MR. LEN BERGER: Okay. I guess the intent ofthat is like an eagle nest or gopher tortoise burrow, you're supposed to maintain 25 feet from a gopher tortoise burrow and you know there's certain nest radiuses you're supposed to maintain around eagle nests, so -- CHAIRMAN STRAIN: Thosc are -- see, that's factual, very quantitative-- MR. LEN BERGER: But we could put that down-- CHAIRMAN STRAIN: -- and that's good, there's nothing wrong with that, but -- that's where I'm trying to get you to go. If you can go there-- MR. LEN BERGER: Yeah. we can do that. CHAIRMAN STRAfN: -- and be more qualitative or quantitative, whatever you want to call it, to be very specific, 1 think that's helpful. MR. LEN BERGER: All right, we'll amend that. COMMISSIONER CARON: The specific reference is good. CHAIRMAN STRAIN: Anything elsc on Page 198? (No response.) CHAIRMAN STRAIN: Page 199? Ms. Caron, then Mr. Schiffer. COMMISSIONER CARON: Under b, sheltcrs for protection from weather. MR. LEN BERGER: Yes. COMMISSIONER CARON: Do we have any standards for that size, location? I mean, are there any limits or can you build whatever you want? MR. LENBERGER: We didn't imposc any limitation on tbe size of the shelter, no. COMMISSIONER CARON: And the same with viewing platforms down below, how high, how wide" I mean, I think we need to have some sort of standards. MR. LENBERGER: Yeah, I've seen different type observation towers for birding in PUD's, and they generally are consistent with the zoning that they're in and the PUD zoning. So I don't know how you want to limit that as far as height. CHAIRMAN STRAIN: Would they still, any displaced preserve area have to be compensated for by more preserve area? MR. LENBERGER: Yes. Ifit was at the minimum requirement, yes. CHAIRMAN STRAIN: That is somewhat of a protection. So we're never going to lose on the size of the preserves. So if they use a viewing platform or a shelter and it takes up 200 square feet, their preserve's going to be 200 square feet bigger plus now that facility. MR. LEN BERGER: That's corrcct. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: That was my question. But actually the question was going to be how do you judge -- this is going through review. You would stop something that wasn't reasonable size anyway, correct? MR. LENBERGER: We haven't addressed that concern. We have -- there's no limitation criteria here. But we could add something, if you feel morc comfortable about that. Page 6 161 1k5 September 26,2008 COMMISSIONER SCHIFFER: But I think replacing the preserve. it doesn't matter, it's a -- MR. LEN BERGER: The area covers, and it won't matter because you have to keep the minimum amount. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Page 199, anybody else? (No response.) CHAIRMAN STRAIN: Steve, up in vi, pathways other than for boardwalks must be at natural grade. I want to suggest that we add something, if not at natural grade, provisions shaII be made for the passage of surface water. Only because it may not be practical at all times to be at natural grade in a preserve, especially if it's a soggy, wet area. And that actuaIIy may be more harmful for civilians to walk through than if we just provided a little bit of an elevation. I know it's going to be pervious, but at least then it's compensated for by some kind of flowthrough. so there's no water impediment. MR. LEN BERGER: Okay. CHAIRMAN STRAIN: Then under iii towards the bottom. In the middle of the paragraph, it says waIIs may be utilized outside of the preserve but must be set back a minimum of 10 feet from the boundary ofthe preserve. Just out of curiosity, why 10 feet? MR. LEN BERGER: Ten feet is the minimunl setback requirement for accessory structures in -- CHAIRMAN STRAIN: Right. MR. LENBERG ER: I belicve that was language I took -- I'm just trying to look at the struckthrough language. No, it just says they're not supposed to be in preserves. So there was no setback in the original language. It was just to conform to the IO-foot setback for accessory structures. CHAIRMAN STRAIN: So if you want a wall in a preserve then, you'd have to hold yourpreservc back 10 feet from your property line in order to put a waII in. And so we'd actuaIIy -- is that what this would cause? I'm still wondering why 10 feet is the magical number when you need far less to build a wall. MR. LENBERGER: If you have some ideas, construct then maybe a masonry wall? I don't know how much area you need to work in to do that. We're open to suggestions. CHAIRMAN STRAIN: I know that if you put a wall in, and usually you got a foundation or if you have a block wall you've got a footer that's 12 inches wide. I f you've got a cedarcrete wall, which is that concrete, they're just post. But they can all be put in with a few feet. Then the only other issue is maintenance of that wall. So by the time you put tbe wall in, which is basically a foot wide after it's installed. takes a little more to put it in, I think half that distance would be more appropriate. You could actually get then -- work the wall and go back in and work it in the future to maintain it. So that's the only -- I think we're eating up valuable space by requiring 10 feet setback. So if there's no problem with halfthat. I think we'd be better off with five. Mr. Schiffer? COMMISSIONER SCHIFFER: I just have a concern, is that if this thing was ever on fire, you would want to get good access along the edge of it. And essentially what you're intending -- who would be building this wall, the property owner adjacent to it or would it be CHAIRMAN STRAIN: Well, it would be on the property owner who owns the preserve. COMMISSIONER SCHIFFER: Unless it's 10 feet, it might be. I f my property line is 10 feet, could it be 10 feet from a preserve? J know we've been debating that lately, but-- MR. LENBERGER: This is written in the context that it would be the same property owner who owns the preserve. COMMISSIONER SCHIFFER: Okay. So if for some rcason he wanted to wall it or he had to wall it because of what it's approximate to. So is the 10 feet by any chance having to do with access around it solely, or is it due to the impact on the structure to the preserve? MR. LENBERGER: The whole idea of having preserve setbacks is for that to have access for maintenance of the structure. And also, you could have it of a preserve as well. COMMISSIONER SCHIFFER: I'm not sure. Mark, what's the concern with the-- CHAIRMAN STRAIN: Well, sec the more you push the wall out from the preserve, actually, that means the preserve then has to be further into the property. And there may be an advantage to keep it closcr to the edge of the property. And I just thought for flexibility, if the minimum is five instead of 10, then you've got a little bit more flexibility, and we might actually get better preserve than less preserve out of it. Only because we've got -- be able to go right to the property line with it and there may be an area that needs that better vegetation_ Page 7 16 I 1 ~ September 26,1008 COMMISSIONER SCHIFFER: And then what would tend to be on the outside of the wall? It would be -- I guess it could be a road right-of-way, it could be a property. I'm just concerned, if the thing is on fire, that access, even 10 feet's kind of tight, so -- CHAIRMAN STRAIN: Well, if the preserves on fire, they'll go in there with their -- forestry has these great little devices that just bulldoze a path right through everything and tears it all up. They don't actually go into the preserves. I've-- COMMISSIONER SCHIFFER: That doesn't make it any easier if they -- anyway, I have no comment. I mean, the point he made is that it's for maintenance around the preserve. They want 10 feet, then I'm comfortable with it anyway. But I can be swayed. CHAIRMAN STRAIN: Well, Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I think five foot's a more practical number for a number ofreasons you had mentioned. CHAIRMAN STRAIN: Well. if it's five feet as a minimum, they could always go 10 feet if they wanted to. They can go anything above that; is that right" MR. LENBERGER: That's correct. CHAIRMAN STRAIN: This would only kick in for those cases where they're tighter than they need to be to get the preserve in, and that helps. But that's alii was trying to think. Okay. And that is the end of that couple of pages. So -- Ms. Fabacher? MS. F ABACHER: I'm sorry. I was just looking at -- on Page 199, iv, where it says no setbacks rrom preserves is required for impervious pathways, and I believe that should read pervious. MR. LEN BERGER: No, it's meant to be pervious -- MS. F ABACHER: It's meant to say-- MR. LENBERGER: Right. The only impervious we have in the amendment within a preserve is for ADA access. These impervious for other uses, bicycle paths or whatever oftl1at nature, would be outside the preserve. We're encouraging them to be next to the preserve but not within it. MS. F ABACHER: Sorry, thank you. COMMISSIONER CARON: You might restate that it's for ADA there-- COMMISSIONER SCHIFFER: Well, that is-- COMMISSIONER CARON: -- and that way there's not confusion by somebody just looking at that one section then. MR. LENBERGER: Well, it's for all impervious, not just ADA. CHAIRMAN STRAIN: Right. So if there's more impervious other than ADA. it's still covered by this no setback requirement -- MR. LENBERGER: Right, the no setback is for all impervious, not just ADA. CHAIRMAN STRAIN: That's currently --I mean, right now do we have a setback in the code for paths anyway? They're not structures, they're below the 30 inches. MR. LENBERGER: Right, the interpretation I got rrom management is that all your concrete, your asphalt curbing all has to be 10 feet rrom a preserve boundary. Utilities as well. CHAIRMAN STRAIN: Oh, because you're looking at it as an accessory use. But this is looking at it as a use within a preserve. So if you have a use within the preserve, what's the setback for that use within the preserve? Is that what -- I'm -- MR. LENBERGER: You're talking i.iv-- CHAIRMAN STRAIN: Say you have a property line. MR. LEN BERGER: I.iv is rrom preserves. it's not within preserves. It says no setback rrom preserves. CHAIRMAN STRAIN: Okay. MR. LENBERGER: From preserves. CHAIRMAN STRAIN: So internal to the preserve you could have this impervious walkway. MR. LENBERGER: Only ifit's ADA. CHAIRMAN STRAIN: Right. Right up to the property line. MR. LENBERGER: Yes, that's correct. CHAIRMAN STRAIN: Okay, that's what I was confused on. Thank you. COMMISSIONER CARON: But only ifit's ADA. MR. LEN BERGER: That's correct. CHAIRMAN STRAIN: That gets us through that section up to Page 199. Comments rrom the -- anybody wishing to speak? And you guys just come up and take a microphone one at a time and we'll try to respond to your concerns on the fly. MR. YOV ANOVICH: On the fly. CHAIRMAN STRAIN: On the fly. And it's not an endangered fly either. Page 8 16 11M September 26, 2008 MR. YOV ANOVICH: Good morning. For the record, Rich Yovanovich. I notice that the language that Steve put up there from the Growth Management Plan uses very different terminology that's within the Land Development Code. Starting with the Growth Management Plan says we're supposed to be addressing passive recreational uses within the preserves. And we've now gone to regulating what passive uses are allowed within the preserves. I don't know why we've made that change to go to passive uses versus passive recreational uses. And actually, if you look at the definition within -- J don't know if you've done the definition yet of passive recreational uses, but the word boardwalk doesn't appear within passive recreational uses. So there seems to be some inconsistencies there. We also go to the terminology adverse impact, when the Comprehensive Plan, if you look at the last sentence, clearly talks about -- it has two goals. One, you're supposed to not reduce the amount of native vegetation you're required to maintain. And two, you're not to cause harm to listed species. So we've now changed the terminology. I don't know what adverse impact means. CHAIRMAN STRAIN: We corrected that in the beginning. MR. yay ANOVICH: Oh, is it -- I'm only on this one. CHAIRMAN STRAIN: I know that, but we said to Steve to put it -- to use the exact language that's in the GMP in our very fIrst comment here today. MR. yay ANOYICH: Okay. I just want to make sure that -- okay, then I missed that. But I agree with going to the exact language that's in the Growth Management Plan. CHAIRMAN STRAIN: Right, that was the intent. MR. yay ANOYlCH: Okay. When you look at on Page 198. I guess it's A.i, and it talks about pathways shall be limited to provide access to the different types of habitats and natural features within the preserve. There are -- and Collier County probably has, you know, a boardwalk that would now be illegal, the boardwalk serving Clam Pass Park. That boardwalk is not there to provide access to nature and viewing nature, it's to provide access to a county park. This language would appear to prohibit that boardwalk from occurring. And the Pelican Bay Foundation has boardwalks that serve its amenities that -- so the boardwalk's not there to serve as a viewing, or a nature viewing platform, it's actually to provide access to other amenities that the preserve is -- you know, between. I would say that that probably affects a lot of golf courses out there as well when there's a boardwalk winding its way through a preserve that's not truly providing access to look at nature, it's to provide access, you know, because -- as a bridge, if you will, from a different use. So I don't know that you want to say shall be limited solely to those purposes, because that's not wbat's happening today. CHAIRMAN STRAIN: We suggested that in place of the words shall be limited to, the word "may" be placed there. Pathways may provide access. MR. YOV ANOYICH: But then the question becomes -- and I -- when you put may be used tor those purposes, it's always been interpreted very limiting. You know, that -- I don't want to have any limitations on what that's providing access to, because why do you need it when you're going back to the issue of we're not supposed to cause harm and we're not supposed to reduce the required native vegetation. Isn't that already taking care of the issue of whether or not the boardwalk is an appropriate use? Because it's going to be measured against are you still meeting your native vegetation requirements under the Land Development Code. If you are, that's -- the first part's settled, satisfied. And if you're not causing harm to listed species, the second issue is covered in the Growth Management Plan. Any time you have language in here, it can be interpreted to be limiting versus -- or add to the list that it can be providing access to other areas within a project or things like that. I'm just concerned about any implication that there may be a limitation. Under ii -- CHAIRMAN STRAIN: Well, let's finish with each one tirst, because these are way too important. And after hearing about or watching parts of the Board of County Commissioners' meeting the other night on the LDC amendments, I realize that we do need to be morc thorough here. So I'd rather address the issues and you just tell them -- throw them on the table and walk away. I'd rather get it revolved. Your concern over those other boardwalks is a real good point, which is why the public's participation at these meetings is so vital. Those are -- that boardwalk in Clam Pass is our Parks and Recreation Department's access to the beach. Without it, we'd have a serious problem. And Steve, in response to Richard's concern, I'm glad he pointed it out. How would that fit into this issue? How would Page 9 16 I 1,kS September 26, 2008 that fit into i? MR. LENBERGER: Well, a couple of things. One is, first, the beach is a different type of environment, so is the dunes, so it is allowed out there, according to the way it's drafted -- MR. YOV ANOVICH: But it's not within the preserve, Steve. That's the concern. That is a separate conveyance with the county. MR. LENBERGER: The park is, but the whole beach is not a separate conveyance. That whole -- that one little portion of the park is privately owned, but the beach around it, it's my understanding, is privately owned. And correct me if I'm wrong, but it is providing access to the beach, which is a different type of environment. If you want to add language, you know. talking about legal access, that's something we could address, too. CHAIRMAN STRAIN: Well. you know, this is an interesting point. He previously said, and I want to understand it, say you had a 10-acre preserve and you wanted to put boardwalks like we have going across Clam Pass in that] O-acre preserve. And those boardwalks were wide because they have trams on them. In fact they want whole spaghetti rows of boardwalks. But the preserve everywhere where they put those boardwalks was expanded to still have 10 acres of net preserve. What have we lost? I mean, if this paragraph wasn't here, what have we lost then by that application as example? If we still have 10 acres, regardless of how many boardwalks we put in, what have we lost? MR. LENBERGER: Well, it's getting back to the earlier example I was pointing out where over excessive amount of trails -- and that was just one example, you know. All the other products I have seen, it's veI)' reasonable. You know, I don't want to restrict that. It's not meant to. But there are those few cases \\-,here it's going to be overdone. And the access issue is another issue. And we could address that. CHAIRMAN STRAIN: And I -- Richard, the overuse of boardwalks is a good point. You know, some developers -- I know none you would ever be associated with -- might come into a preserve and decide they want to crisscross it with boardwalks. They might want to put a boardwalk out there big enough to play games on, who knows? That's a good point. And Itm sure that thafs not what the intent here is. But maybe you could suggest some language that would prevent that? MR. YOV ANOVICH: Well, I think the language is already there. Because remember, I can't reduce the amount of native vegetation. And two, I cantt cause harm to listed species. lfwe're not causing harm to listed species by having a nature trail boardwalk system through a preserve, why would you say that that's a bad thing? CHAIRMAN STRAIN: Yeah, because then what happens if it's not listed species you're dealing with and you're just dealing with just vegetation, whether you have 10 acres of vegetation with paths on it or 10 acres without, as long as you've still got 10 acres of vegetation, youtve not caused any harm. MR. YOV ANOVICH: We've not caused any harm. And is that necessarily a bad thing to have nature trails through a preserve? I don't know that that is a bad thing. And before we get into the next one, 1 do have a conceptual question. We talk about preserves, and this regulates preserves. My question is, does it regulate county required preserves, which is your minimum native vegetation requirements, or does this apply to every preserve? Because they're different. I mean, you can have a project that is a couple thousand acres, and under the county's calculation you need 300 acres of native preserve. And then you decide -- you volunteer to put more in it, more preserve. Are these regulations going to prohibit what you can do in your voluntary excess? CHAIRMAN STRAIN: Steve. and that's an interesting point. If you have a required preserve by county standards as part of a development, at some point along the way that preserve has to be -- has to have the formality of a conservation easement put over it; is that a fair statement? MR. LENBERGER: That's correct. CHAIRMAN STRAIN: Are the intentions of this section ofthe code to apply to those areas that have conservation easements placed over their preserves? MR. LEN BERGER: Yes-- CHAIRMAN STRAIN: Since that's the only required part. MR. LEN BERGER: That's correct. CHAIRMAN STRAIN: Okay. Because I think that's a very important part that needs to be added, because a lot of people may want to put more preserves on a piece of property, but you'd only have these restrictions on that portion of preserve required by the county and it would be in the form of a conservation easement. So what that would mean is if you didn't put the section of preserve in the conservation easement that's in excess of the county standard, then you'd be able to do basically with that what you wanted. Is that a fair statement" How do we separate out the uses that could be allowed in those two types of preserves? One is a required preserve and Page 1 0 161 lkS> September 26, 2008 the other is not a required preserve. So basically we're asking for regulations for required preserves that are in the fonnat of conservation easements. Unrequired preserves then fall under what category? MR. LENBERGER: Well, there are different types -- there's county required preserves, there could be preserves that are just required under the state and federal permitting requirements, under the Corps and South Florida Water Management District, and even the DEP. And there could even be preserves which are just natural areas that the developer is setting aside himself That could also happen. We could make these all apply to just the county required preserves and put it somewhere under H in the beginning, and let the state and federal entities regulate what occurs in their preserves -- CHAIRMAN STRAIN: Well, you know-- MR. LENBERGER: -- and leave it at that if you want. I mean, I-- CHAIRMAN STRAIN: The old saying, give Caesar what belongs to Caesar. If the county requires it, then this should apply to the county's. Anything beyond that, the agencies apply as they see fit or the regulations of the PUD that established the preserves would apply. Is that fair? MR. LEN BERGER: That -- we can clarifY that if you want. CHAIRMAN STRAIN: Then we could -- okay. And then the other thing, before we keep going, as Richard's brought up more points, attorneys seem to always do that, he started out talking about the first nvo words in this paragraph A, passive recreational -- actually three, passive recreational uses. And we are in the process of defining what are passive recreational uses. Now, does this mean that all those items that we were listing under passive recreational uses would be allowed in preserves? MR. LEN BERGER: We're limiting to what is actually listed in this amendment. CHAIRMAN STRAIN: Well, then how does that match the GMP language that's in front of us? MR. LEN BERGER: The GMP language says passive recreational uses. CHAIRMAN STRAIN: Right. MR. LENBERGER: It also addresses stormwater, receipt of storm water in preserves. And that's what we've addressed. We've looked at both issues. So I don't really understand exactly what your question is. CHAIRMAN STRAIN: Well. we're talking about passive uses in preserves, and I notice the word in your-- MR. LEN BERGER: Oh, in our amendment-- CHAIRMAN STRAIN: -- documentation omits the word recreational. MR. LENBERGER: Because it includes the recreational uses and also the stormwater. If you look on Page 199, it includes ii, which is the storm water. It says, see stormwater uses in preserves amendment and it also addresses some setbacks. CHAIRMAN STRAIN: Well, it doesn't include stonnwater. MR. LENBERGER: Well, stomlwater will become a subset of this amendment. It will be located right where ii is. CHAIRMAN STRAIN: So that whole section dumps into this one. MR. LENBERGER: That's correct. CHAIRMAN STRAIN: And we'll be discussing that one next here today, so-- MR. LEN BERGER: Yes. MR. YOV ANOVICH: Mr. Strain, a point I would like to make is if you have a preserve that has water in it and you're a kayaker, as I read this I don't know that you can kayak in it, because you're only allowed passive uses instead of passive recreational uses. The term passive recreational uses includes kayaking, canoeing and things like that, and hiking. I don't know if we're talking about what the, quote, use is allowed within the preserve. CHAIRMAN STRAIN: And that was exactly why I brought the question up. I didn't focus on that point till you started out your conversation by saying the GMP says passive recreational uses, yet this whole section ofthe LDC has dropped the word recreational from its application. And we are reviewing what recreational uses are allowed as passive in another section of this LDC amendment. And my -- it's both a concern and out of curiosity then, does that mean any recommendation for including as a passive recreational use then by the GMP is allowed in a preserve? MR. LENBERGER: Ifit's in the GMP, it would be allowed. And if you look under F on 199, it says conservation related activities comparable in nature with the foregoing uses, as determined by the county manager or designee. CHAIRMAN STRAIN: But that's not what the teml passive recreational uses necessarily will be. It won't need as much determination by the county manager because it's an amendment coming forward for us for discussion, and it's going to be very specific. So does that mean a1l the uses that we list as passive recreational uses are allowed in preserves? Page 11 16 IlkS September 26, 2008 MR. LENBERGER: Talking listed in the compo plan" CHAIRMAN STRAIN: No. We have an LDC amendment somewhere. And Catherine, do you know which nwnber it is? MR. LEN BERGER: Okay, you're talking -- okay, I understand now. The only uses that would be allowed in preserves would be the ones listed here. This is related to the amenities, to the structures and amenities you actually build in the preserve. MR. LORENZ: Mr. Chair, may I make an observation? I think what we've -- what is provided here is -- does not allow for I think what you've indicated, the use of passive recreational uses within the preserve. This -- the staff is focused on, if you will, the construction standards and facilities that the GMP applies here. I think what we really need to do is we need to still allow passive recreational uses in the preserves, because that's what the GMP does allow for. The facilities that you are putting in the preserve that help to support those passive recreational uses would be limited by what is proposed here, together with their construction standards, so to speak. And then we just have to make sure that the wording in the construction of the amendment allows for those passive recreational uses, allows for these facilities. And I think that would then many what the GMP is requiring. CHAIRMAN STRAIN: You don't want to get the cart before the horse, though. At some point wouldn't you want to know definitively what the array of passive recreational uses are, which has been a point of discussion already as an LDC amendment? Because then your standards would more or less have to be tailored after what that application has been resolved to be, I would think. I know Ms. Caron is waiting to ask a question as well. MR. LORENZ: I think that that could be important if after we see the range of passive recreational uses, some of the uses that have been set up as an example, like kayaking or canoeing. If there is a water feature within that preserve, at the moment we are not -- this would not preclude that recreational use, or I certainly don't want to be able to preclude those types of recreational uses. MR. YOV ANOVICH: You probably need to change your terminology, because you use the word use. Maybe you should be talking about structures? The following structures are allowed, something different. CHAIRMAN STRAIN: Ms. Caron" COMMISSIONER CARON: But actually it is. Because if you go back to 197, this whole section is about design standards, all right? So it is about structures. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Is there a possibility we could hold ollon this till we define passive recreational uses? CHAIRMAN STRAIN: Well, I think that we're going to have to resolve passive recreational uses before Bill and Steve can write the accurate language to reflect the uses that are finally decided upon. MR. LORENZ: I can make a suggestion. We certainly can, I think, begin -- staff can begin working this section up with the comments that you've already made. I think we can take the -- split it out so that in terms of the construction of the language that we separate out the passive recreational uses versus the facilities that we're allowing. And then what -- at least staff can get working on that after this meeting. What we can do is when you define what passive recreational uses are in a broader sense, then that is a very encompassing list. lfwe wanted to take a few items offofthat list, then we can then constrain the uses in preserves that way. So at least we can get started with the all the comments that we've heard so far along that kind of strategy. CHAIRMAN STRAIN: And I think it's important to hear all the comments we can on this today so that you can come back with a better document. And you may want to have us hear this passive recreational use list one more time before you finalize your document, which I know it's probably -- when is that coming up again? MS. F ABACHER: That's the last one on the agenda today. We can move it up, if you prefer. CHAIRMAN STRAIN: Yeah, we may do that to benefit. We'll see as this time goes on. And Steve and Bill, when you guys formatted this section, did you consciously leave out or just not recognize that the word recreational was in between the words passive and uses in regards to how you set this up initially? It just seems like it was missed, and I'm not sure -- I don't mind, I'm just curious. MR. LORENZ: I think Steve said that when he set this up and he was looking at allowable uses when he began the construction, within this section it's stormwater. So that's -- obviously stormwatcr is not a recreational use. So in putting that in this section, we -- so I see the dilemma here, so we can fix that. CHAIRMAN STRAIN: Okay. Richard? Page 12 16 I 1 *~ September 26, 2008 MR. YOV ANOVICH: I've got a lot more but before we get-- CHAIRMAN STRAIN: You've got a lot more? MR. YOV ANOVICH: Well, just a couple more. But from a format standpoint, would it be possible for there to be one document that deals with 3.05.07 that has all the amendments in one place so we can read through it and understand the implications, instead of !lipping back and forth to the stormwater section? It's just difficult to see it in context. CHAIRMAN STRAIN: Well, it's like the example Mrs. Caron pointed out. COMMISSIONER CARON: I would think-- CHAIRMAN STRAIN: Yeah, I agree. I think that would be-- COMMISSIONER CARON: I totally agree. MR. YOV ANOYICH: It's just -- I'm not -- I understand that maybe the need to break down the amendments for one subject in each amendment, but give us from the public and probably for you all, you know, the consolidated approach. We can all read it in the whole context and maybe better understand some of our comments. COMMISSIONER CARON: And where everybody's trying to get to. MR. YOY ANOVICH: Right. And maybe we could have clarified it with the statement of this is talking about structures only, not specific uses. Maybe-- CHAIRMAN STRAIN: Well, for example-- MR. YOV ANOVICH: The comment may have been a little bit different than what I was trying to say. CHAIRMAN STRAIN: Where it says see stormwater uses in preserves amendment, if you really read into that now, what it means is the design standards only of that language section apply, because that's -- it's falling under the design standards for this section. And I'm not sure it's limited to that, but-- MR. YOV ANOYICH: There could be some unintended consequences of using some of the phraseology that would jump out at you if you saw it altogether instead of in piecemeal. CHAIRMAN STRAIN: Would that be something staff could -- we can come back with? MR. LORENZ: Absolutely. MR. LENBERGER: So you want me to put together the whole section of the code, 3.05.07, with the amendments and the unamended language in its entirety. CHAIRMAN STRAIN: I think that would be so helpful. Then we know in a big package what we're looking at, rather than having to try to go to Municode, which we know is not current, and then we've got to go to 10 ordinances after that to try to piece it all together. So that would be very helpful. Ms. Caron? MR. LEN BERGER: You want that as a separate document put to you? CHAIRMAN STRAIN: Well, I think it's an LDC amendment you're putting to us, so just put it in as this amendment. COMMISSIONER CARON: Right, I think we should -- and we should do that. You should have the time to do that and we should put it on next week's agenda right now and not waste a lot of time. Let's look at it in total and let's -- CHAIRMAN STRAIN: They won't get this done by next week. You're not going to be able to get this done by next Thursday, are you? MR. LEN BERGER: No. MR. LORENZ: Mr. Chair, my suggestion would be is we can go through everything separately that we're looking at here with all the comments that the public has, get that -- get the direction from the planning commission as to how you'd want to see those types of comments incorporated into the code. and then we can work on a consolidated version at that particular point. Because then we'll have everything together, at least what everybody is suggesting that we make the changes on. CHAIRMAN STRAIN: Okay. Let's just move forward then. That sounds fine, Bill. Okay, Richard? MR. YOV ANOYICH: Ii, A.ii, the six-foot width. I don't know where that standard came from. I know that, again, if you look at Clam Pass Park and improvements that are already done in Pelican Bay, I believe those boardwalks are 10 feet in width right now. I think at a minimum we should grandfather in existing improvements and allow those improvements to be rebuilt if something were to occur. Because I guess if something happens to that boardwalk, the county boardwalk, they would be limited to just six feet in width to rebuild it. And why -- again, going back to the hann to listed species analysis and the reduction in native vegetation, why do we even need a width requirement for boardwalks? CHAIRMAN STRAIN: Well. another issue you might want to -- I don't know. Steve, if you've seen this yet. Parks and Recreation has a very elaborate plan to expand that boardwalk in Clam Pass, and it will be expanded wider than six feet. Page 13 161 1~ September 26, 2008 So we might want to certainly consider that in the rewrite of this. MR. LENBERGER: I went to the sub-committee on this and all the stakeholders. And the stakeholders wanted four feet. I talked to our staff in our building as well as in Transportation regarding ADA access, and issued (phonetic) constructed five feet minimum. I talked to Margaret Bishop in Transportation. because she's working on the park down by the zoo, the Gordon River. And there it's proposed six feet. The reason it was for six feet is because Parks and Recs, their maintenance vehicle needs a six-foot wide boardwalk to go through. So the staff went up to the higher number of six feet. We're certainly open to suggestions on what you want to have, but that's how we got to that point. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, we keep using Clam Pass. It's a convenient one except that we're -- when we get to the passive uses, actually, it's for non -- essentially non-motorized uses. The reason that Clam Pass has 10 feet is because they're sending trams back and forth. So I'm not sure that it's the same animal is all I'm saying. And again, I think we need to have it -- MR. YOV ANOVICH: But I'm just giving you -- I'm just giving you real life scenarios-- COMMISSIONER CARON: I understand-- MR. YOV ANOVICII: -- that would be in conflict. I'm sorry -- CHAIRMAN STRAIN: Please don't overspeak when someone else is. MR. YOV ANOVICH: I'm sony. CHAIRMAN STRAIN: So, Ms. Caron. COMMISSIONER CARON: I understand. But I think that what we're going to find is it's two different animals. And again, the need to have everything in front of us laid out so that we can look at things as a whole and not-- MR. YOV ANOVICH: And again. I go back to. remember, there's a process whenever you're dealing with wetlands and other areas, you're going to other agencies that are going to review what is the impact of six feet, eight feet, 10 feet, 12 feet, whatever you're proposing. They're going to look at that impact on listed species. And what I'm suggesting is, is there's probably -- I don't even want to guess how many examples, but I played a fair munber of golf courses in this community and I will bet you there's a lot of boardwalks out there that are already built that are far in excess of six feet in width. And why -- if they are destroyed in a storm, or for whatever reason, why would we not let them be rebuilt back to what tbey were already permitted to be built in the first place'! We're just creating some issues here that 1 don't know that was just thought through. And if we could put in general exception for what's already there, and it can be rebui It if it is somehow damaged. I'm making that suggestion. COMMISSIONER CARON: But boardwalks on your golf course are not boardwalks in a preservc. MR. YOV ANOVICH: They go through preserves all the time -- COMMISSIONER CARON: I mean necessarily. MR. YOV ANOVICH: I'm just saying they do. There are all kinds of boardwalks that are taking you from an upland area through a wetland area to the next pole. And as this is currently written, I don't think I can even have that boardwalk, that's why I brought that first point up. And then the next one is okay, if it's an existing structure greater than six feet in width, it's now a legal nonconforming structure, ifit gets damaged I can't rcbuild it. CHAIRMAN STRAIN: Steve, one resounding concept that seems to be coming out ofthis, if you are provided -- and with the makeup of any vegetation area loss, and there is no hann to listed species, maybe that's the premise under which you ought to look and see if these are all really needed. I know some of them may be. But there may be some that aren't, and they may be needlessly introducing additional regulatory restrictions that really we don't need that are already there in the language simply by saying you can't reduce the vegetation or you can't harm a listed species. I'm not sure what more objective we would have than that. So I'm just suggesting you might look at that. And you had earlier said you had a meeting on the pathways with the stakeholders. Who are the stakeholders? MR. LEN BERGER: We had the EAC sub-committee, there were three members. And we've had basically the development community, the environmental community were all there. CHAIRMAN STRAIN: Was anybody from Pelican Bay there and the Clam Pass maintenance people? MR. LEN BERGER: No. CHAIRMAN STRAIN: Was Richard there? Because he does represent a lot of developers. Page 14 161 1~ September 26, 2008 MR. LENBERGER: No, Richard was not there, and neither were people from Pelican Bay. I would like to mention a couple ofthings. We could easily add a grand fathering clause, that's no problem. As far as the golf course paths, the golf course paths 1 don't believe are allowed in preserves anymore. They used to cross preserves, but they're not allowed now. But if the -- MR. YOV ANOVICH: You need to-- MR. LEN BERGER: -- if they're for access, we can write some requirements for access and not limit it to six feet, if that's your concern there. CHAIRMAN STRAIN: Well, these are all very big concerns. I mean, I'm glad that they're pointed out, because we have this habit of passing these rules that have inadvertent consequences that we don't know about for six months or 12 months later. And by God, that's what we're here today to try to prevent. And that's why these meetings are taking longer. Ms. Caron pointed out a very good point under v, number five, that pathways must have posts or other devices installed at their access points to prevent unauthorized motorized vehicles. Well, besides golf carts, we just heard about maintenance carts needed by Parks and Recreation, which the taxpayers are funding. We know that there are trams. How can we have language like that in here under those conditions? MR. LENBERGER: It says unauthorized motor vehicles, so-- MR. YOY ANOVICH: That's another ambiguity, you know-- MR. LEN BERGER: Well. that language actually came from DSAC to put in there. Because you do have maintenance vehicles, obviously, or golfcart vehicles in some preserves, existing preserves now. CHAIRMAN STRAIN: Steve, I think there's a lot of cleanup necded on this document. And Richard, do you have anymore comments? MR. YOV ANOVICH: No, but -- I don't think so. But I just Icamed about -- that I guess existing golf cart paths that are going through preserves are no longer an allowed use through preserves. Ifwe're in that section ofthe code right now, we need to fix that. Because you're going to have some serious consequences with some golf courses out there -- CHAIRMAN STRAIN: I know many that-- MR. YOVANOVICH: And they won't be able to rebuild some-- COMMISSIONER CARON: Rebuilding-- MR. YOV ANOVICH: -- rebuild their cart paths and boardwalks. You'll have some vcry short golf courses. CHAIRMAN STRAIN: I can assure you, I don't believe that is the intent of what these boards are believing is being represented to them. And maybe we can get that all fixed so there's no -- MR. YOY ANOVICH: Yeah, I don't know if we're in that section of the code right now, but that's -- I was not prepared for that comment today. Those are my comments on this particular section. And then I guess when we get the consolidated re-write, we may have some additional feedback for you all after we see it all in one document. CHAIRMAN STRAIN: Stonnwater is next. When I saw this ii, see stormwater uses in preserves amendment, my thought was it wasn't part of this. Now that I know it's part of it, it docs bring a different review of that. But we will be going into that after this amendment's finished here this morning. So thank you for your comments. And there were at least a couple other speakers. MR. ANDERSON: Good morning, Mr. Chainnan, Commissioners. For the record, my name is Bruce Anderson, from the Roetzel and Andress Law Finn. I am here on behalf of two clients. Initially I'll address some issues on behalf ofthe Bonita Bay Group. After I explain what my issues are, then I have some proposed language to put on the visualizer. In addition to -- and this follows up on your comments about stormwater. In addition to passive recreational uses, allowable uses do include receipt of stonnwater under another section. The language that I'm going to show you in a moment, I propose to add a sentence in paragraph H in the very beginning that recognizes that stormwater is an allowed use in addition to passive recreational uses. One can't characterize stonnwater as a passive recreational use. CHAIRMAN STRAIN: Before you go too far, and I don't mean to interrupt your train of thought, but if] don't ask you, my train of thought is going to go out the door. So can you explain that statement, why stonnwater is a recreational use? MR. ANDERSON: No, it's not. CHAIRMAN STRAIN: Okay. MR. ANDERSON: It's not, and I want to make that clear. That's-- CHAIRMAN STRAIN: Gotcha. Okay. Page 15 16 lIAS September 26, 2008 MR. ANDERSON: The Bonita Bay Group wants -- you know that they are very environmentally conscious. They like to have preserve areas. And they like to provide their residents with access to them. And they're concemed about this language, that it is going to prohibit or strictly -- or be very restrictive. I have some language that will allow bike paths and trails, whether they're pervious or impervious. And I'd also propose to strike the language that references pathway barriers and pathways being required to be at natural grade. Both ofthese would impede the usability of pathways. I also propose an amendment to paragraph a.iv to use the same language that the Growth Management Plan does, that passive recreational uses cannot cause hann to listed species. The Growth Management Plan standard is not, quote, interfere with, unquote, as proposed in this amendment. Unrelated to Bonita Bay Group concerns, I also propose an addition to the last sentence on Page 199 that states, or where there are preexisting improvements. That additional language is needed, as was discussed earlier, to avoid creation of nonconformity in projects that may come in for a development order that triggers application of new preserve standards to a project that's already under development. And I'd like to show my proposed language on those. Our additions are shown in blue, and proposed deletions are shown in red to the text that was proposed in the staff report. CHAIRMAN STRAIN: Well, let's start with your first sentence: Additional receipt of treated stonnwater discharge. We are going to be addressing that stormwater item, and it will be 3.05.07, just the reference you say. Why would we need to reinsert that reference to the reference that's within that document already in that sentence there? Why does it need to be stated -- restated -- MR. ANDERSON: Cross-reference. CHAIRMAN STRAIN: Then wouldn't we have to cross-reference every item in this whole section? I mean, I don't see the need for that. I'm not saying I'm against anything, I'm just saying why -- this redundancy is becoming part of the problem in our code, and that just seems to be redundant to the obvious. I f it's in the section, it's there. MR. ANDERSON: Okay. It falls within the section. The overall heading of the section is passive recreational uses. That's the first sentence in there. It makes no reference to stonnwater. And the way stonnwater is listed under here, under the two small i's, it falls within the ambit and coverage of a recreational use. CHAIRMAN STRAIN: Well, maybe, Steve, instead of doing it that way, and that's a good point, why don't we have another -- we have little h up there before the word allowable, why don't we have another section starting with i, and under it have design standards for storm water in preserves? And then we have a clean section to go to and we haven't got to have a double dipping more or less of language in this. Is that -- Ms. Caron? COMMISSIONER CARON: Yeah, I think that's what we were talking about with Mr. Yovanovich as well, was to clean up the whole thing and make it read so that it's readable. CHAIRMAN STRAIN: And Bruce, the strike-through red that you have thereO MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: Our previous suggestion was to strike the language that starts with the word cause and replace it with the language that's in the GMP. MR. ANDERSON: Yes. CHAIRMAN STRAIN: Then it mimics the GMP. And I don't see why that wouldn't-- MR. ANDERSON: No, I agree with your change. This was prepared beforehand. CHAIRMAN STRAIN: And based on the GMP, I think your first i, the following types of passive -- that's consistent now with the GMP, whereas as pointed out thankfully, it was not consistent the way it was originally written. So I do believe that we need to make that kind of a change. The next one, A, I mean, I don't know why we couldn't -- but see, that A is starting to get into the issue we're going to have to have when we define the uses of passive recreational uses. We basically are going to have to have now design standards that address all of those. And this may be a way to start to get into it. I'm not sure it's going to be as applicable to that only, because we're going to have possibly more that we need to consider. So I mean, your point's well taken, the concept's well taken, it just needs to be elaborated on when we finish the passive recreational use criteria. MR. ANDERSON: Yes. And I guess the ultimate question is, do we provide a laundry list and perhaps inadvertently leave something out, or do we use more encompassing flexible language. Page 16 16 IlkS September 26, 2008 CHAIRMAN STRAIN: Well, I think we put the best list possible we can come forward with now. And we have the same caveat we have with the county manager's designee. But then we have limitations to design, which even the designee then would have to amend if they allowed something else that inadvertently was omitted, that design standard would still apply. I think that would get us coverage under any condition then. COMMISSIONER CARON: Closest we're going to get, I think. CHAIRMAN STRAIN: Right. At least in this round. You want to move dO\h-11 your page? MR. ANDERSON: I believe we're on the next page now. CHAIRMAN STRAIN: Oh, you left the rest alone. It's amazing. MR. ANDERSON: Ran out ofred ink on that page. Again, I propose to strike, well, paragraph i.iv. or four. Again use the compo plan language: Shall not harm, not interfere with. Paragraph five, that unnecessarily imposes accessibility. CHAIRMAN STRAIN: Well, that again needs to be redefined when we come back with passive uses, and so does number six. Well, number six is that one we talked about. I tend to agree with Bruce, ifthere is to be elevated pathways from a pervious perspective, not necessarily boardwalks, but say they have to come in with a little bit of limerock or whatever to make it walkable, which is really a benefit to the public. So I think that's acceptable, as long as theres pass-through for surface waters. And I think we can always -- that's doable. Anything else on that page, Bruce" MR. ANDERSON: Just what I've got there in red and blue. CHAIRMAN STRAIN: You need to roll down. We can't see it. MR. ANDERSON: Oh, I'm sony. Let's go to the bottom, I think. F is -- again expands on your-- CHAIRMAN STRAIN: Right. MR. ANDERSON: -- your direction. Come back with something. CHAIRMAN STRAIN: That's going to come back anyway. MR. ANDERSON: Paragraph four at the bottom. That is to prevent non conformities to be created where you've got something that's already built. CHAIRMAN STRAIN: Well, I don't think the intent is to make you tear anything out, so-- MR. ANDERSON: Okay. Now I'd like to address oil and gas issues on behalf of Collier Resources Company. We need to provide some explicit recognition in these Land Development Code amendments that recognizes that oil and gas exploration and field development and production are uses that are not subject to all these preserve restrictions. I have proposed language that I have taken from the conservation zoning district, which allows these uses. The highlighted language is introductory and closing language that we propose to add to the kind oflanguage that's already in the Land Development Code. The very large paragraph that you see there is taken verbatim from the conservation zoning district in how it addresses oil and gas exploration uses and production. CHAIRMAN STRAIN: This is the -- you already handed this out. I believe you already distributed something to us on this the last time Brian was here. Yeah, same stuff, okay. And I certainly don't see -- ever thought the intent was to restrict oil and gas exploration, especially as it was been limited by state and feds anyway. But what does the rest of the panel think" COMMISSIONER SCHIFFER: I agree. MR. ANDERSON: All right. And we may do some tweaking at the request of stan; if necessary. But I think they agree in concept with our language. And I don't believe the county attorney's office has any concerns with it. They've -- they had an advance look at it as well. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But right now this language is not part of the LDC; is that correct" MR. LORENZ: That's correct. Not part of the LDC. MR. ANDERSON: The unhighlighted language is. That's taken from the conservation zoning district. MR. LORENZ: Oh, okay. In the LDC. MR. ANDERSON: Yes. Page 1 7 16 lIAs September 26, 2008 CHAIRMAN STRAIN: Right. But now this, because we're coming up with now design standards very specific. we need to reinforce those standards with this kind oflanguage to make sure this isn't inadvertently omitted by design. Is that a fair statement? MR. ANDERSON: Yes, because you could have a preserve area that is not zoned conservation. CHAIRMAN STRAIN: Absolutely. Anybody else? MR. ANDERSON: And that's all we had on this section. COMMISSIONER SCHIFFER: I just have one question. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Brian, in the letter you wrote us, you're also requesting a change in another section of the code. That has nothing to do with this? MR. MacKENZIE: Brian MacKenzie, representing Collier Resources Company. No, everything else has been resolved except for this issue with the preserve uses. COMMISSIONER SCHIFFER: Thank you. MR. MacKENZIE: And that language that you're looking at came directly from the Land Development -- it's dispersed throughout the Land Development Code, but that was the most restrictive language we came up with for the HSA's and the FHA's, and that language was repeated throughout the Land Development Code. CHAIRMAN STRAIN: We worked this out -- this language was worked out at the time we came forward years ago and MR. MacKENZIE: Yes-- CHAIRMAN STRAIN: -- I remember you coming back before us. MR. MacKENZIE: -- 2003, 2004 we had a long go-around with everyone, and you had a lot of input as well as one of the commissioners, I think. CHAIRMAN STRAIN: Okay. I'm fine with it. Anybody else, subject to further -- MR. ANDERSON: Thank you very much. CHAIRMAN STRAIN: -- review and everything? Thank you. Are there any other speakers from the public? Ladies first. I know, that can't be that way anymore. Well, too bad. MS. RYAN: Thank you. For the record, Nicole Ryan, here on behalf of The Conservancy of Southwest Florida. The Conservancy did participate in the LDC sub-committee that tried to hash through looking at the intent of a preserve, which is to set aside and conserve native vegetation in its natural state, and then trying to get some ofthase passive recreational uses in there that would not interfere with the preserve. And so that's why we had wanted some of the narrower pathways. I think that there are concerns if you do start crisscrossing a preserve with boardwalks, with pathways that are impervious, that might not be at grade, you're creating runoff. So all of these really have to be looked at in making sure we do what the preserve is supposed to do, which is maintain the integrity of that natural area. The discussion about the Clam Bay system, I'm not sure that -- I know there's a conservation easement on that mangrove system, but I'm not sure that that was based on any county requirement of a specific acreage of native vegetation. So I agree with Conunissioner Caron that I believe that is a completely separate animal. One thing, there was a discussion, and I think it was very good to point out, that these requirements are strictly for those set-aside preserves Wlder county requirements. And the state and federal agencies are going to have their own requirements. However, oftentimes those overlap, and so I -- CHAIRMAN STRAIN: Slow down a little bit. You're a fast talker. MS. RYAN: So I want to make sure that if the vegetation preserves double as both county and state or federal preserves, that it's understood that county requirements are going to apply if they are more restrictive than what the state and federal agencies require. CHAIRMAN STRAIN: Right, but the county requirements kick in only for those areas the county would have required to be a conservation easement. And the voluntary set-aside of additional preserves, number one, I think from an environmental aspect that's a good thing, we ought to encourage that. And number two, if the public can have more flexible access to those because they're done on a voluntary basis, to me that encourages environmental issues as well, because you're now exposing the public to such issues. So there are some advantages to letting it -- to separating those two out. So I think that's a good thing. MS. RYAN: Yes, absolutely. Page 18 septemleP2J, 20~ -A S CHAIRMAN STRAIN: Okay. Thank you vel)' -- and Nicole, one thing though, in your reading of this and as we go through this more, I know we got more today and I know you're vel)' interested in it, this idea that we're looking at the object of passive recreational uses, that's an important concept that was brought forward here today. Because I hadn't realized that word recreational -- I mean. I've read it but didn't pick up on it. But that does have a different connotation now, and it is in the GMP. So whether we all agree with it or not, we got to look at it under that basis, so -- MS. RYAN: Absolutely. CHAIRMAN STRAIN: Okay, thank you. Are there any other public speakers? Bruce? MR. LAYMAN: Good morning, my name is Bruce Layman. I work witb Wilson-Miller. I'm not here representing any particular development interest this morning. I wanted to start off by commending staff by including the potential use of impervious pathways within preserves. I think if there's anything we can do to get people off the couch and into the woods and into the preserves, we're heading in the right direction. 1 do have some concerns, though, from -- for the restrictions that are placed in the small i through small vi. Rich Y ovanovich made a vel)' important point that I don't think could be nnderstated, that the way that the code is structured right now, that if you don't impact the minimum native preserve and you don't impact listed species, that's the requirement. If you satis1)r that requirement, I'm not sure most of these other requirements in the sub i through sub vi would be required. For instance. a maximum width of six feet. There's been a lot of discussion about different uses of the pathways, whether it be pedestrian, maintenance, golf carts, trams. Obviously several ofthose uses would need wider than six feet. And again, if you go back to the main premise that you don't impact the vegetation or the listed species, I'm not sure why we would want to limit it to six feet. The way that the sub iv is structured, where you're not -- where it says you can't interfere with any listed species, right now we've got the plant ordinance coming on line that we'll be reviewing later today, or next Thursday or whenever we get to it, and it includes all those air plants, Tillandsias. So in theory, if you're in a preserve and you've got a Tillandsia on a tree, the way that code's written you have to keep the Tillandsia there. And the way this is written here in this code you would have to avoid that tree with your pathway. And we all know that Tillandsias are rather common in this neck of the woods, and I'm not sure we would want to hamstring ourselves by a fairly broad interpretation of protecting all listed species. Now, don't get me wrong, you don't want to go in there and, you know, purposely harm something. But I think that there needs to be some fine tuning ofthe restriction on the listed species requirement here. Following for the next one, the sub v, talks about putting a post in to prevent unauthorized motor vehicles. I can anticipate that that's probably to keep, you know, dirt bikes and quads and things like that from running up and down the pathways. However, I think that there are motorized uses that would be authorized that could go down there. And I'm not sure why golf carts and bicycles are specifically culled out at being prohibited. As far as I know I've not seen anything that says if -- that golf carts and bicycles by nature either disturb the vegetation below the minimum limit or listed species. So I'm not sure why we would want to cull those out specifically as being prohibited. And lastly -- well, not lastly, second to last, requiring that the pathways and boardwalks -- well, not boardwalks, I'm sorry -- the pathways be at natural grade. Again, raising them -- it's a public benefit. It may make them more accessible year round. l'm not sure that having a raised path would de facto mean that you're harming listed species or detracting from the minimum native vegetation requirement. And then lastly, there was discussion under the sub three at the bottom of Page 199 regarding walls needing to be 10 feet set back from the preserve limit. Oftentimes walls are used as a way to minimize wetland impacts. So effectively when you get your state and federal permit, the preserve boundary is the toe of the -- is the base of the wall. So artificially saying okay, now your preserve has to be 10 feet essentially out into the approved Water Management District preserve in order to qualifY for -- as county native vegetation preserve, I don't think that's necessary. I would -- I guess I would suggest that have the preserve be the toe of slope of the wall and have a restoration plan in place when you go through the county review process so that after the wall is constructed you refurbish what may have been damaged during the construction of the wall. And that way too, the preserve limits for the county and the preserve limits for the Water Management District would be consistent, and it would be of a lesser expense for the applicant. So anyway, I know I covered a lot of stuff. I don't know if you want to roll through the various comments, but that's Page 19 161 lkS September 26, 2008 what I have for this particular -- CHAIRMAN STRAIN: Okay, thank you. I think most of your comments we've already addressed and they're going to have to be addressed before this comes back. So appreciate it. Steve, one question. Your attempt to define the standards for passive uses, could it be assumed that if someone kept to these standards they would then qualify for as not having caused harm to listed species? Except for loeational criteria, meaning a path can't be underneath a bald eagle's nest or something like that. But-- MR. LENBERGER: Right. CHAIRMAN STRAIN: -- if you weren't specifically within an area ofa bald eagle's nest or running over the top ofa gopher tortoise burrow or you kept back to the standards that you've listed here, would this be then something that someone could rely upon as being acceptable then to this languageO Because maybe we ought to reverse what you're trying to write. Instead of writing standards to minimize or to maximize certain uses, minimize certain points, why don't we just make a list of design standards that are acceptable and meet the criteria, with the exception of a Ioeational issue that could arise from the bald eagle's nest or gopher tortoise burrow or something like that. Why don't we reverse the method in which we're trying to look at this. MR. LENBERGER: Are you just referring to the listed specieso CHAIRMAN STRAIN: Well, under your passive uses are allowed within preserves, and these are all design standards for how those passive uses could be built. And one of my questions really is now, listening to the various speakers is, are these now items that if someone were to adhere to them, they would be able to know that that criteria then is acceptable pursuant to this section and they wouldn't have to worry about getting tumed down for any other reason? Is that -- MR. LENBERGER: Well, yeah, they would be acceptable. Only some places we've limited -- placed restrictions on size and things of that nature, but others we haven't. CHAIRMAN STRAIN: Well, the reason that's important is, as Bruce pointed out, if we leave it just as this first paragraph H states, that it won't reduce the minimum vegetation or cause hann to listed species, then it's a free-for-all for each individual to determine what that is and submit it to your department. It would seem there's more than a likelihood that they could be turned down because there aren't any standards that are acceptable as a minimum. And we turn around and have a debate then over what causes harm and we eventually bring more paperwork to prove one side or the other. So in a way some of the standards I think are beneficial for both sides, because they give you a minimum standard that is acceptable to those interpreting the code and let the public know up front what they can expect as a minimum. But if they want to go further, then they have to get into this higher level of scrutiny to prove it. Is that a concept that -- a fair concept to go by" MR. LENBERGER: I understand what you're saying. CHAIRMAN STRAIN: Okay. Mr. Hancock? MR. HANCOCK: Good morning, Mr. Chairman, Commissioners. Tim Hancock with Davidson Engineering. Not here on behalf of any particular property owner but as someone who participated in about a half dozen of the stakeholder meetings. The make-up of those meetings primarily were two or three representatives from the Conservancy, about a half dozen representatives from what we call the development community but I prefer to call property owner representatives, and a couple members of staff. When we started talking about pathways in that committee, there was a disparate difference. Part of the committee wanted zero pathways, unless they were pervious, and another part of the committee said well, wait a second, what's wrong with what we have now. And what we ended up with in the primary element of that discussion was dealing with the issue of pedestrian use within the preserves. We really didn't take on, you know, Clam Pa.<;s or golf cart applications or whatnot. 1 think the focus was more the average person who wants to walk or ride their bike and enjoy the preserve, and how can we do that. Mr. Chairman, I think your change or recommended change to allow for flow underneath the path is a good one. I live in a community with a four-foot sidewalk through a 21-acre preserve, and my morning runs in the summer become something like a steeplechase. And it also undermines the limerock and causes increased repair of the sidewalk within the preserve because of the standing water. So 1 think you might actually reduce long-term impacts by allowing those to be elevated somewhat so that sheet flow can occur underneath them. The only thing I wanted to ask is to hit on the issue that we've discussed about the pathways shall not harm any listed species. I still find that to be incredibly nebulous. And I think if we are going to go to the extent of the degree of standards we Page 20 sePtem~e~l2oo1 eftS have here, certainly I would hope that application oftliose standards would in itself mean we have done no harm. So I think that is the correct approach on that. And the last thing I want to mention is under item H.I.A.i. where it says pathways shall be limited to provide access. And there's this big concern about elevated pathways spaghetti-ing all over these preserves. Mr. Strain is aware, these pathways are extremely expensive. They are not inexpensive to install. And I think the idea that someone is going to crisscross a preserve with a multitude of elevated pathways is a little bit like trying to put a dress on a fairy. I'm not sure the problem exists. So do we really need to regulate something that doesn't seem to be occurring of any magnitude out there? CHAIRMAN STRAIN: Ms. Caron" COMMISSIONER CARON: Well, only Mr. Hancock, I would only say we had an example. Mr. Lenberger said that's an issue right now in front of him. So some body's thinking it's a great idea and somebody's thinking it's not terribly expensive, because apparently there is something before staff right at this minute. I have no idea what that is, but apparently that's the case. So-- CHAIRMAN STRAIN: Is yours an elevated-- COMMISSIONER CARON: -- the bad apple has shown up. MR. LEN BERGER: It was a product that we had maybe a year or so ago, I don't remember exactly. I believe it was boardwalks, but it was a smaller preserve. So the expense of building a lot of trail through it wasn't an issue for the developer. MR. HANCOCK: My other comments have been addressed, so thank you. CHAIRMAN STRAIN: Thank you. MR. YOV ANOVICH: May I make one more comment? CHAIRMAN STRAIN: Sure. We want to hear all the comments. If there's anybody else after Mr. Yovanovich, you're more than welcome to speak on this issue. MR. YOV ANOVICH: Ms. Ryan triggered a thought in my mind and an interpretation I've had in the past. The concern I have is the whole idea of what is a preserve that's subject to these standards. You know, the Clam Pass area was required to be conveyed to the county pursuant to the PUD. I have been given the interpretation from environmental staff that if you identify a piece of property with a P on it in your PUD, that is, quote, a county required preserve. So these regulations would apply to every pun provision with a P on it or a conservation subdistrict within that PUD. So that raises the whole concern of what does this apply to, what doesn't it apply to. And I would still have that same concern that I raised earlier for the Clam Pass system, because I really just don't know how it would be treated under these regulations. CHAIRMAN STRAIN: Well, I think that can be further cleared up with the revised -- and certainly when you come back, Bill, if that issue needs to be clarified, it should be. MR. LORENZ: Yes. And let me look at Rich here to get a head nod or something. The way at least what I'm hearing is, in tenns ofthe approach that we would take is that whatever is a preserve that's required to meet the minimum standards, we've requested that that be set aside as a preserve, and that's where the county's conservation easement dedicated to the county would apply. If an applicant wants to set aside other areas that would be essentially preserved areas, but -- or retained native vegetation, we're not requiring them to put a conservation easement on those areas, and we would simply treat those as open space, or whatever the PUD would allow. And that's how I would try to cut this in writing the regulations -- CHAIRMAN STRAIN: I think there's a retroactive problem. MR. YOV ANOVICH: Tbat's the issue, is-- CHAIRMAN STRAIN: Because we have now huge PUD's out there that have given up what they consider preserves in order to get approved. But some go far beyond the county's minimwn standards. Now, what does that mean in context of the language you're trying to develop here? And I think you need to come back with a way to address that. MR. LENBERGER: Okay. I understand that now. MR. YOVANOVICH: Because I believe there's somewhere in the LDC that requires if you've identified within your PUD an area as preserve -- and this applies to older rUD's, because this requirement [ think is fairly new -- you now are required to give the county a conservation easement over all of that. And it may -- and again, you're 110t thinking at the time that okay, I was only required to do 200 acres, I put 500 acres in, and now all of a sudden I have to give the county a conservation easement over all 500. I now have somehow hindered what I can do within the 300 extra acres. CHAIRMAN STRAIN: See, this is a good opportunity to clean up all these ambiguities that have existed and finally get Page 21 161 1 ~ September 26, 2008 everything on the table and possibly do it right. Now let's just hope we can get there. Are there any other speakers on this matter? (No response.) CHAIRMAN STRAIN: Steve, we're going to take a break here as soon as we get the last speaker on this. MR. LENBERGER: Okay, I necd direction here regarding bike paths. It was discussed, and I just need direction. With the stakeholders, we had different opinions on whether they wanted bike paths and impervious. I originally proposed some language that got kind of taken out. And I see it presented herc in a couple different arguments. I just need to know your position on it so when we finish drafting this amendment. CHAIRMAN STRAIN: I'll suggest something. The words that are in the GMP, passive recreational uses, until those are defmed, I don't think you can do anything with bike paths at this point. Because if you don't have a -- when that definition occurs, which will hopefully be today or next week, then you'll bave a use in which you then have to design the criteria. And then /Tom there I think you just need to come up with what bike path limitations ought to be, if that's included as a passive recreational use. It no longer becomes a matter of debate on whether it's allowed in the preserve or not. Ifit meets that definition the G MP says it is. So now -- then we've just got to deal with it. MR. LENBERGER: Okay, thank you. CHAIRMAN STRAIN: So is that -- okay, with that, we will take a break. Oh, Mr. Schiffer, before we take a break? COMMISSIONER SCHIFFER: Did we rcsolve the ability to transect, to go through the preserve? MR. LENBERGER: The access issue? Yeah. we have to address that. COMMISSIONER SCHIFFER: So you're going to allow that now? MR. LEN BERGER: I would have to defer to management on what direction they want to go to. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, Steve, under your pathways there, the prevention of unauthorized motorized vehicles. Does that include wheelchairs that are motorized? MR. LEN BERGER: No, it wouldn't include anything -- it wouldn't restrict any ADA requirement. COMMISSIONER KOLFLA T: But there's no statement to that effect. This could be interpretcd they would also prohibit that. MR. LENBERGER: We'll make sure that's addressed. Thank you. CHAIRMAN STRAIN: Okay, if there are no other questions, we'll end up -- this will finish with this one for this morning, and then when we get back we'll go into the stormwater one. Let's come back at 10:20. Thank you. (Recess.) CHAIRMAN STRAIN: Okay, cveryone, welcome back /Tom our break. When we left of, we had finished talking about the section on preserve uses, and I think staff has more direction now to more forward with that in some manner off 01111. And the next item on the agenda is in our packet, Page 20 I, Section 3.05.07 H.l.h.ii, and it's stormwater in preserves, which as we learned was a subset of the section we just read, and may have (sic) now be a section of its own by the time we reformat and get done here today. So with that, we'll start on Page 20 I. And Steve, do you have any opening comments that you'd like to relay? MR. LENBERGER: Thank you. I put the GMP language on the visualizer. The amendment is to address treated stormwater discharge into preserves so it doesn't result in any adverse impacts to naturally occurring native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species, according to the policies associated with Objective 7.1. And we could -- did you want me to talk a little bit about it, where we've come since then, or you want to just go page by page? How would you like to-- CHAIRMAN STRAIN: Well, probably be more productive to go page by page. So why don't we just start with Page 20 I. First pagc, anybody? (No response.) CHAIRMAN STRAIN: Steve, I've got a couple questions. MR. LEN BERGER: Sure. CHAIRMAN STRAIN: When this goes to the Board of County Commissioners, I would hope that we'd want to be as accurate as possible. And under the change section on Page 201 it says -- it talks about additional stonnwater that will either benefit the preserve or will have no negative impact. Page 22 16 IlkS September 26, 2008 But doesn't -- based on the language you have here, don't we really want to say that -- include no loss of the minimum required vegetation and no harm to any listed species? [mean, the words -- I'm just wondering if that's the right verbiage to use there. MR. LEN BERGER: We can plug in the GMP language, that would-- CHAIRMAN STRAIN: ] think. if that for consistency. ] mean, ] know it's not a part of the text, but I think that would help. In your fiscal and operational impacts, the only thing you might want to consider there is if the stonnwater isn't allowed in a preserve different than any other -- pursuant to any changes we may make, is that going to require additional acreage? And if so, there is a cost involved. So we may just want to make a note ofthat. Someone who is developing a piece of property is going to have still put their storrnwater somewhere. MR. LENBERGER: I understand what you're saying. CHA]RMAN STRAIN: It's just a minor point, so -- just a suggestion. Page 202 is where we get into the meat of the text. Questions on Page 2027 Ms. Caron? COMMISS]ONER CARON: Yeah. Under A, where we are referencing South Florida Water Management District. Just curious, are their standards always the strictest standards" I think Collier County may have some language that's actually stricter, and we should reference that. Our stormwater has to be treated to 150 percent. MR. LEN BERGER: Right. And it's in there. And meet the requirements of the interim water management regulations of Section 3.07.00. And they are more restrictive. So it is in there. They would trump the-- COMMISSIONER CARON: Okay, good. Thank you. MR. LORENZ: May I add -- or maybe a suggestion, we did reference the South Florida Water Management District's criteria. And sometimes J'm not sure what's the best way of doing it. We could add simply the language of what that criteria is. For instance, the treatment is one and a half inches of that runoff. So you'd have to provide that language, or very explicit language in here, as opposed to going back to the District, especially since we're 150 percent of the District requirement. That may be a simpler way of addressing it. COMMISSIONER CARON: I think whatever is simplest and clearest and goes to the strongest standards. MR. LORENZ: We could work up some -- I'm sure this will be coming back. We could work up some alternate language along those lines and see how the practitioners out there and the public comment would prefer it. CHAIRMAN STRAIN: Any other questions on the tirst page. 202? COMMISSIONER CARON: Wcll, I have questions on B.2. So you're saying here that it's okay to add treated stonnwater into uplands? By their very nature, should we be adding additional stonnwater here? I think what Mother Nature allows is probably all an upland can take. MR. LENBERGER: We've had a lot of debatc on this topic. And we refer to Duever's study on the systems in south Florida. And basically the study has shown that, you know, southwest Florida in particular has very little topographic relief It's a very flat place. And the uplands are separated ITom wetlands by just a toot or two. It's a very low area. And what Duever's study has shown is that some ofthese upland areas, they do receive water up to a month at a time. And particularly the mesic systems as indicated on the chart by Duever, which I have on the visualizer. The only systems that really don't have any water, standing water, would be the xeric systems on the beginning of the chart. So staff took a look at this infonnation and we looked at the rainfall data, and in the amendment we picked a reference year which is a very average year as far as rainfall. And we wanted to model that to see how many days the water would be at the surface or above the surface of the ground to determine if it would have a negative effect on the vegetation. Duever's study shows that you can have these systems flooded for up to a month. We picked 10 days, and that's -- I'm trying to see what page that's on. It's on Page 203, iii, in the beginning. It says, demonstration that the upland portion of the preserve is not inundated for more than 10 days during the referenced wet season. For the purpose of the subsection, the referenced wet season is May, 1996 through October, 1996. In context, inundation means water levels at or above average ground surface ofthe preserve. So we don't know what effect for sure -- I don't think anyone does for sure, what effects water will have on an upland preserve, particularly these mesic systems. We know under natural conditions they are flooded for up to a month at a time. We picked ]0 days as opposed to 30 to have some sort of comfort level to -- so they wouldn't be adversely impacted. Did I answer your question? I'm sorry. COMMISSIONER CARON: No, because you already know that these areas get natural stonnwater that into them and Page 23 SePte!b~ 16, 20~8 kS can sometimes be there for a month at a time. What you're trying to do is then dump additional. And I don't see where that is an appropriate thing for an upland. Our uplands are fragile enough. Like you say, they're really close to our wetlands, we don't have a lot of give here. And if you're dumping more, than J think you're just-- MR. LENBERGER: I understand that argument. And there's some validity there for sure, and I'm not arguing that. We've heard different arguments on this back and forth. And there arc some upland plants, and I've worked at biology a long time in Florida, so I understand there's a lot of plants that are very sensitive. But we were trying to reach a balance as far as these mesic systems which we know are naturally flooded. We look at some plants, particularly in the urban area where the water table has dropped. You know, there are -- a lot of these plants will adapt to a drier condition. So that was a concern too, which is why we only picked 10 days, as opposed to 30. But then again, in an urban area when you have a preserve, it's a small portion of a product and you develop it, you're putting more concrete, more asphalt around it, that's acting as a heat island. And really, just the rainfall falling on it may not be enough in some instances, particularly if the preserve is very small. It acts as a heat island, it dries things out. So there's different arguments you can have regarding this. But I understand what you're saying about the upland preserves. And I've heard both arguments. Staff is trying to go middle ofthe road, trying to use the data from the science that we have in front of us that show these systems are flooded for up to 30 days. CHAIRMAN STRAIN: Bill? MR. LORENZ: Yes, just a little bit adding to what Steve said. The idea here is to look at this mesic flatwood system by determination of which of the vegetative communities that we've referenced in the Land Development Code amendment and have the applicant demonstrate to us that for this particular reference year, 1996, that they will have inundations of 10 days or less. So therefore, if a mesic flatwood can be inundated up to 30 days, and they're showing that natural rainfall plus the stormwater runoff is within that 30 days of inundation, then what we're saying is they're demonstrating to us that they are coming within those natural constraints or that inundation constraints for that particular set of vegetative communities. COMMISSIONER CARON: So they're going to come up with some mathematical equation to give you" MR. LORENZ: They will be running through -- typically what is done, they will run through a model, a stormwater model that's very similar to the model that they run for the South Florida Water Management District to evaluate how much rainfall actually runs off into their treatment system and then therefore into the preserve area after it goes through the full water quality treatment. That's a very similar model that they do to demonstrate for the District that they're meeting their water quality requirements and that they're meeting their flood protection requirements. COMMISSIONER CARON: One more model that mayor may not be valid. CHAIRMAN STRAIN: Anybody else on page -- we're still on Page 202. (No response.) CHAIRMAN STRAIN: Okay, Steve, a lot of-- we have a reason to set aside preserves. Let's pretend that we have no listed species issue. Because if we have a listed species issues, the reason for preserves is obvious. Let's pretend there's no gopher tortoises, no eagles, no anything. We have a preserve requirement. What is the purpose then of our requirement? It isn't to save a species, because the species aren't prescnt. So what is the purpose of our preserve requirement? MR. LENBERGER: To save indigenous vegetation in a natural system. CHAIRMAN STRAIN: Okay. In the urban area -- and you alluded to it earlier when you said the water table has changed. In Golden Gate Estates, for example, where I live, everybody knows the mistake the Corps made decades and decades ago when they allowed all the canals to be dug and everything was drained. We no longer have a natural system. We may go out there and we may think we live in a natural system, but honestly we don't, it's gonc. In the urban area, it's the same way. We've got everything -- runoff is changed, everything is moved aroW1d. And I think I still see the need to have the preserve requirement. But in the urban area and other places where the natural system has been permanently altered, and there's really no way of reversing it without moving people away, it would seem that we've now -- it's more of an open space requirement through the process of being a preserve, saying save the native species in preserves, but really what you're doing is adding another demand for more open space. And I don't have a problem with that. But if that is really what the issue is, in those locations in sizes that are particular to the urban area, and actually my example, if the stonnwater in that particular case changes the regime of an uplands preserve because the stonnwater is more present more commonly than would be naturally, we're already not working and functioning Page 24 16 Ilks September 26, 2008 naturally to begin with. But if we now allow the stonnwater, but yet the requirement is to retain native species to a point where if it's proven that the stormwater has been detrimental by a die-out, wouldn't we be able to then require native species to be replanted that could survive in that atmosphere, or in that new regime, the new water? I mean, maybe we ought to be looking at trying to do something like that, because the practical application of keeping nature natural in an area that's already proven to be unnatural and radically changed from what was, maybe our better bet would be to say okay, we can accept this. But if it has to be this way we have to monitor, and through the monitoring process you have to replant it with native species so that even if the regime changes from xeric to hydric, at least you've got a species of native material that survives and you've still got the open space, which was probably part of the goal to begin with. Is that a reasonable conclusion that we could look at or that somehow is looked at through all this text? MR. LEN BERGER: Well, the idea of the amendment is to try to save the preserve as is, but we don't want to alter the vegetation type. We do have some monitoring we're proposing, and we are requiring compatible vegetation be replanted if it should die, through that, and it's in this amendment as well as the preserve management plan amendment, which you've already heard. Although it isn't a completely natural system, a lot of plant communities will adapt over time. They're less adaptable to sudden shocks, but over time they do adapt. So the idea of this amendment is to try to retain the vegetation, to not hann it. And I believe that's what staft's looking at. We don't want to see it altered. CHAIRMAN STRAIN: Well, I'm not in disagreement with you, Steve. But from a practical application, we have areas of the county that are virtually untouched by long-term alteration, like Golden Gate Estates has had, and like the urban area has had. And those are called the rural fringe and the stewardship area. And in those areas we've instituted some vel)' strong environmental protection to a point where we've got a large amount of the environmental community working well with the changes that are going on out there. That's not a bad thing, and that's an area that can take the kind of insistence that we don't look here to put stormwater. And we certainly don't want urban sprawl, and we can do that in areas like there. Whereas on the other hand if we put too many restrictions on areas that we know have already been altered, can't ever go back to the way they really were, and don't accept the fact we can put some stonnwater in them, still retain native vegetation of some type if they change in the limited areas, and then keep the density high in the areas that are already destroyed, to me that might be a good resolution, not a bad one. And I'm just thinking out loud, because I know there's going to be a lot of speakers on this issue. But I think the issue really is territorial. And it may be the territory is the urban area versus the non-urban area. And if we start looking at it that way, which these documents don't seem to look at it as much that way, maybe then there's more a latitude in considering the stonnwater in upland and preserves. And I'm not saying across the board, I'm saying we ought to look at size and location, the type of soils and deviation processes in case there are deeds for those. And then of course our county standards as pointed out by Ms. Caron need to supercede the South Florida standards. I fully agree with that. And then whether or not species are present, even in the urban area, becomes a big concern in changing the regime. And ifthat's the case, then the regime shouldn't be changed if species are present. Those are criteria that I think we haven't fully come into play yet in this language. Ms. Caron? COMMISSIONER CARON: Well, you've got a deviation process here if you continue to go on through-- CHAIRMAN STRAIN: I didn't say it wasn't there, I said we ought to -- well, go ahead. COMMISSIONER CARON: No, I was just saying, I think wejust haven't gotten there yet. CHAIRMAN STRAIN: No, I think we have a half -- there's a series of things that if we were to approach them, maybe there is some latitude to be used. 1 just don't know if it's all been addressed adequately. But we'll get through that as a step-by-step process. On page 202, did anybody have any other questions? Because I've still got to get into mine. (No response.) CHAIRMAN STRAIN: Item B, the last sentence: The hydric nature of the soils must be field verified, and then the words: By an environmental professional using the methodology in Chapter 62.340. If it's consistent with the chapter, do we still need the reference to the by an environmental professional? Because I don't know what that is. 1 see too many people that claim that they're environmentalists and that they're -- but I'm not sure they're professional, and I'm not sure you have criteria that defines what that professional is. So do we need that language referencing an environmental professional? I don't want to dilute your purpose-- MR. LENBERGER: I think it'd be fine. As long as someone is capable of using the wetland delineation methodology, Page 25 16 I 116 September 26, 2008 we're fine with it. CHAIRMAN STRAIN: And I'm just wondering how you would prove they weren't professional if they arc. MR. LEN BERGER: That's fine. I don't think that's going to hurt anything-- CHAIRMAN STRAIN: Under C.i. no protected or listed species are present. If you turn to the next page under D, there you're talking about storm water may be discharged in a wetland portions of preserves with listed species -- and you use the word shall have no negative impact, and I'll get to that language when we get to that page -- on those listed species. So is that a contradiction? MR. LENBERGER: The original language was talking about upland listed species in C on Page 202, C.i. CHAIRMAN STRAIN: Right. Mine doesn't say upland, mine-- MR. LENBERGER: No, it was on the original language when we drafted it. I think the intent is to alter vegetation which would affect those listed species such as an eagle nest, such as a cavity of an RCW, red-cockaded woodpecker. I think that's the intent there. CHAIRMAN STRAIN: But doesn't the GMP refer to it as will not cause any harm to any listed species according to policies associated with Objective 7.]? MR. LENBERGER: That's exactly what it says. CHAIRMAN STRAIN: Right. And is that different than saying no protected or listed species are present? Because one seems to provide latitude if you can prove there's no hann. But the other doesn't even allow you that tlexibility. Are we going beyond the GMP in that "i"? MR. LENBERGER: I would have no problem using the GMP language. Let's just ask management if they have any objection or any comments about that. CHAIRMAN STRAIN: I'm just saying if we have the GMP language, we ought to stick to it, is all I'm trying to get to. And BiJl, is that -- is my comment valid in this reference? MR. LORENZ: I think the Objective 7.1 requires certain -- policies within Objective 7.1 identify certain default standards or guidelines for listed species in the policies. It also identifies technical assistance to be utilized by agencies wlth regard to listed species. I think this goes on to say, as detennined by criterla set forth in the land development regulations. And these are the land development regulations that tries to pull all of that together. We did make a distinction -- and I'm not answering your question directly now, but we did make a distinction between upland species and wetland species with regard to stonnwater in the preserve, because certainly we recognize that in wetlands and where there's -- you're rehydrating a wetland preserve, that wetland preserve can very well be utilized by listed species. So in that particular situation we don't want to preclude water going into the wetland simply because there's wetland listed species for that particular location. The upland areas for listed species concern is a little bit -- I'm going to call it a little bit iffier, because we are putting stonnwater into an upland preserve. There is -- we don't have a hundred -- I can't say that we have 100 percent confidence that that native vegetation is going to be completely protected. But these criteria that wc've identified gives us a high enough comfortability that in the absence oflisted species that certainly we're recommending these set of amendments to be determined -- to be approved. But getting back to your question about the Objective 7.1, if we wanted to provide additional language in the code that allows for technical assistance, in other words, you could allow it to go into a preserve with listed species, subject to affinnative technical assistance, then that gets you a little bit closer to the policy requirements in Objective 7.1. CHAIRMAN STRAIN: All I'm trying to say is C.i is definitive. Ifthere's a listed or protected specie present, you can't do it. But yet the GMP language you have on the board isn't that definitive. It says as long as it doesn't cause any hann basically. And I think -- well, I'm suggesting change it to what the GMP says. It doesn't say 110. It just says if you're going to cause any harm, you can't do it. Is that -- that's all I'm trying to ask. Is that a fair interpretation? Anyway -- MR. LORENZ: Yeah. CHAIRMAN STRAIN: -- I think when you COllle back if you could look at that. I'll ask it again ifit isn't resolved. But if it is -- or at least you'll have a better response then. But C.i, I'm just suggesting ifthe GMP doesn't say no, then I don't know if we can say no in the LDC. And we should use the same language in the GMP. Under ii, you have a series of criteria there. I'm not objecting to your criteria, but I'm trying to define them. And it's under paren one: Does not contain xeric oaks, including Myrtle oak, Live oak and Sand Live oak, with scattered patches -- now I'm not sure what scattered is -- of mostly bare -- I'm not sure what mostly is -- bare white sand -- and how bare is the bare white Page 26 16 I 1 A-5 September 26, 2008 sand to be -- and a very scattered -- that's compared to just scattered -- overstory ofsla,h pine. Those are very ambiguous terms to use. And I'm just wondering if you could use them -- put in percentages or doing something that gives more definitiveness to it. And then number two says, a closed canopy. How closed is a closed canopy? And I understand what the word means, but I know that there's no canopy that I've seen in Florida that's fully closed. The rain forest in the Amazon I understand has some, but I'm not sure we have them here. It goes on in that sentence and talks about scattered overstory again with little groundcover. Those are such ambiguous terms, I'm concerned that interpretation of those could be wide range, and that's not what we're supposed to be doing. So if there's some possible way oftighlening that up, I think it would be beneficial to everybody. MR. LENBERGER: Those descriptions are -- I put them on the visualizer -- came from Duever's study. Those are descriptions of your driest xeric environments. And that's where they came from. CHAIRMAN STRAIN: That's fine. But their -- I don't know if that -- they were written for code, which makes it a little hard -- odd to enforce. MR. LEN BERGER: We can use the word xeric and look into changing that. But I just want you to understand where it came from. It is the driest environments where you wouldn't want to have stormwater -- CHAIRMAN STRAIN: Ifit would help to institute a definition for xeric and then go into that as part of the definition, maybe that is a way to -- and I certainly would ask legal staff to review it before it comes back to us. But maybe that's the way to resolve it. Go ahead, Mr. Lorenz. MR. LORENZ: This may be something for -- I'm sure some of the practitioners may have some public comment on this, but we could go back to the actual FLlJCCS, the Florida Land Use Cover Forms Classification System and specifY those numbers, because at least they are available in the -- that's what typically the consultant does and it provides vegetative commW1ities. We thought we would -- that's one alternative. This alternative was to try to get a little hit closer to what the study report that we were working with to help develop this little bit of a course of action here. So that's something that we may want to hear some comment from the practitioners. CHAIRMAN STRAIN: Okay. And I think it's -- especially in the context of environmental, the ambiguous ways that things could be taken by different people at different times in review has caused a tremendous amount of disharmony in this community from all aspects, rrom homeowners down to business people. And I think we could stop that by tightening this kind of language up. So that was my objective. Okay, we'll move on to Page 203. Does anybody have any questions on 203'> MS. ASHTON: Mr. Chairman, Ijust comment on Page 202. Ijust wanted to make a recommendation under Item B, where you removed the language, by an environmental professional for the hydraulic nature of the soils. If you replace that, that it be verified by applicant. CHAIRMAN STRAIN: That's fine. MS. ASHTON: Thank you. CHAIRMAN STRAIN: An applicant is known. Okay, we're on Page 203. Anybody? COMMISSIONER SCHIFFER: I have a general question. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER SCHIFFER: Steve, one premise of a good storm drainage is that you don't put water on your neighboring property. What in this kind of protects that" I mean, there's -- since welre going into a wetland, essentially the wetland probably goes across property lines. How are we protecting adjoining neighborsO MR. LENBERGER: The permitting would be handled by the Watcr Management District, and that would be up to them on how they determine discharge, and also whether they separate those properties by a berm or leave them connected. I've seen them permitted both ways. But that would be up to the Water Management District. COMMISSIONER SCHIFFER: Thanks. CHAIRMAN STRAIN: Anybody else on Page 203? (No response.) CHAIRMAN STRAIN: Well. we'll start with the top then. On iii, can you explain what that means? It says demonstration that the upland portion of the preserve is not inundated for more than 10 days during a referenced wet season. How do you do that? Page 27 sePtem~e~21, 200~ ftS Wouldn't you have to take years of monitoring and then you wouldn't end up being able to even to apply until you got that resolved? J mean, how would you do that? MR. LORENZ: As I mentioned earlier to Commissioner Caron, tbere are models -- there are models that the engineering fIrms use for the South Florida Water Management District in their development of their stonnwater management plan. And those models can be utilized for this purpose to determine how many days a particular area is inundated for. In fact, they do that -- they have to do similar analyses when they're identifYing how much water is going into their retention systems for water quality treatment, what their bleed down rate is for a particular storm. Now, the District uses -- those models, the District uses return period storms such as a 25-year storm for flooding purposes. This particular model, howcver, would have to be developed for a referenced year, which is we picked 1996 because of certain characteristics ofthat year, that within tbat wet season, May through October, if you go and input those rainfall amounts for that particular year, it's already tabulated, you put that into your system, you run the model and determine how much water is going into that preserve and how long it stays in the preserve, then you count up the number of days, and that should be according to this proposal is 10 days or less, which is within that 3D-day inundation assessment that was established for mesic flatwoods. CHAIRMAN STRAIN: What do you use as a benchmark for that area" In the model, what do you use as a benchmark to establish where the inundation is of true -- is an inundation? MR. LORENZ: The average ground surface of the preserve. CHAIRMAN STRAIN: And the average ground surface of the preserve is based upon what? MR. LORENZ: The elevation surveys that the applicant has provided for his site plan. CHAIRMAN STRAIN: Okay. So the elevation surveys that the applicant provided for the site plan give you the benchmark to start the analysis for the inundation period. MR. LORENZ: Which is the same information that that applicant has to use to make his calculations for storage requirements for his other South Florida Water Management District permits. CHAIRMAN STRAIN: Right. But his calculations and his benchmarks and his topography are on existing conditions today. MR. LORENZ: That's correct. CHAIRMAN STRAIN: With the ground water table altered as it has been in today's world and with the runofT and drainage canals and all the other items that function normally in the urban area today. So you're not benchmarking it back prior to a time when this was natural, you're benchmarking it to a time that was already altered. MR. LORENZ: You're using the same information that the applicant is using for his stormwater management permit from the Water Management District, and it's setting the control elevation-- CHAIRMAN STRAIN: Right. MR. LORENZ: -- and then at that particular point it's all the other physical dimensions of his site that he's using. Existing -- it would be the conditions at the time of development. CHAIRMAN STRAIN: I understand. And that's what concerns me, because the conditions at the time of development in -- again, I'm back to this location of within the county. Not all locations give you a true picture of the natural conditions. You're getting conditions altered by development, because you're in the heart of development. And sheet flow, for example, doesn't occur like it used to. And if you don't have natural sheet flow and you're at a directional sheet flow as a result of development pushing in a direction, your outcome to this may be different. And that's why I'm wondering why it's so -- how important it is or how valid it really can be. MR. LORENZ: Again that -- I think the validity is measured by looking at that preserve, understanding that it's a mesic flatwood, because that's what we would establish as its characteristics, in that a mesic flatwood has been sho\Nll in South Florida to be inundated up to 30 days in a season. So that would not be unusual to see that. So the effort here is to demonstrate through at least this methodology or these parameters that that preserve with natural rainfall plus the stormwater that goes into it would not be inundated for more than 10 days out of the year. CHAIRMAN STRAIN: Why did you pick 10 when I think you just said to me 3D? MR. LORENZ: That's a good point. That's somewhat ofa factor ofsatety, if you want to call it. of backing down off of 30 days to 10 days. CHAIRMAN STRAIN: That's a 70 percent safety factor. MR. LORENZ: Yes. CHAIRMAN STRAIN: You got more than utilities has built into their pumps. I mean, I thought they had a-- MR. LORENZ: I think that that number -- that number can be -- that number certainly is -- well, let's call it a policy Page 28 161 1 ~ September 26, 2008 number. We could keep it at 30 days, if everybody has a high degree of comfort. And remember that the number from Duever says zero to 30 days. There may be some discussion as to whether that's an average, which means could be above 30 days. But I'm not sure that that -- the way I'm reading the report it's zero to 30 days. CHAIRMAN STRAIN: Ms. Caron? MR. LORENZ: But you could set it at 30 days, if everybody has a high degree of comfort with the analysis. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I think if you're even going to consider doing this, I think an abundance of caution is necessary. I think the reason they picked 10 days was because in point of fact we shouldn't be doing this at all. And in order to try to come up with some compromise, they're allowing it, but with a very strict standard. You know, personally I-- CHAIRMAN STRAIN: My concern is that we don't have a way of setting a benchmark based on the natural environment because it's not -- some or in all areas of this county. And I still think we need to look at standards for different areas. And the urban areas are far different than the rural area. But I understand your point here. Under D, that language in the third line that says shall have no negative impacts. Doesn't the GMP read does not result in adverse impacts? If it does, we need to change it. Ifit doesn't, that's fine. I just made a note of that when I was reviewing this. Under F, talks about must address potential maintenance problems and shall also provide for a monitoring program. Compatibility vegetation must be planted to replace any vegetation that may be lost over time in a preserve. What about our remediation? Is this like a remediation plan ifthere are problems? So if someone discovers that the uplands are being trashed from the water, then this kicks in and they have to replace them with vegetation that will survive? Is that -- MR. LENBERGER: It's basically a plan that you would have, part of your preserve management plan that if your vegetation dies and the stormwater is affecting it, then you need to restore it to the type of vegetation that can survive. CHAIRMAN STRAIN: Okay. Compatible vegetatiou must be planted to replace any vegetation that may be lost over time in a preserve. That means it would be whether it's lost from stonnwater discharge or for any reason; is that what -- how that would apply-- MR. LEN BERGER: We can put due to stonnwater discharge or receipt of stormwater. CHAIRMAN STRAIN: If we're looking to make thesc preserves retain native vegetation, and I think -- say that's a given, say preserves have to have native vegetation. For whatever reason, if they were to die, would we still want that native preservation replaced? MR. LEN BERGER: It would depend on what's dying and what percentage then is the plant community changing over time. You have to look at it in biological perspective as far as what's happening with that system, so -- MR. LORENZ: Let me add. Let's make a comparison between let's say a preserve that is not receiving stonnwater. We do not have comparable language tor a preserve not recciving stonnwater to have to replant if there's conditions that, let's say are -- we'll just call it for the moment natural. Unless somebody camc in and did something in the preserve unauthorized. For the preserves in this stormwater section, preserves receiving stormwater, we arc saying that as vegetation dies that it needs to be replanted. It's difficult to determine precisely that the vegetation will have died as a result of stormwater in the preserves. That's somewhat difficult to determine. There are some indications that YOll can see that over time that you may lead you to that conclusion. But we are requiring that any vegetation in preserves with stormwater that's being lost should be replanted. It kind of gets back at that idea again, I can't look everybody straight in the eyes and say we're 100 percent confident that this is not going to have any adverse effects with the preserves. But we think that this does provide for a reasonable approach of having storm water in preserves that arc of a mesic condition that have shown in the case, South Florida, can be inundated up to 30 days naturally. But we also have -- we're hedging our bets. We have a monitoring plan and we have a situation for replacement of vegetation for these particular situations as well. CHAIRMAN STRAIN: Okay, if we move down to H, the fourth line, preserves will rcceive a benefit, and that uplands and preserves will suffer no adverse impacts that are imposed. I think the GMP reads a little ditferently. It says, preserves will receive no result in hann. And uplands and prcserves do not result in adverse impacts. I mean, just make sure the language is consistent with the GMP and we don't go beyond that. I found that individual words in this particular case have a huge impact. And I don't want to see that inadvertently brought in if the GMP doesn't say it. Any other questions on 203 '! Page 29 16 lIAS September 26, 2008 (No response.) CHAIRMAN STRAIN: We have two sentences on 204. Anybody have any questions" Go ahead, Ms. Caron? COMMISSIONER CARON: Is there -- the only review would be the EAC" It wouldn't go to the CCPC and the BCC? MR. LORENZ: At the moment, no, the way the language reads. CHAIRMAN STRAIN: I had circled the same thing. I don't believe it should end at the EAC. I think at least it should come to the planning commission. The BCC certainly doesn't need to hear a deviation from us unless it's appealed. COMMISSIONER CARON: BZA. CHAIRMAN STRAIN: BZA, whatever way it would be. So I would think you'd want this board to opine on it as well. And to have the benefit of the EAC isn't a bad thing either for us, so -- okay" The last think I have and I want to ask about, are there alternatives to stormwatcr runoff that we could encourage and actually provide incentives for, such as grass parking spots and swales with percolation instead of curbs and things like that? Have we looked at doing alternatives to help reduce stonnwater needing to go into preserves by allowing things like that to offset it? MR. LORENZ: No, we haven't. CHAIRMAN STRAIN: Wouldn't that be something that we -- could we consider something like that or could we look at that" I mean, if that's one way to off -- if someone wants to dump water in a preserve, but in lieu of that we allow them to use grass parking spaces or swales, it may be more beneficial for them to do it and they may not then even get into the controversy of dmnping storm water in preserves. MR. LORENZ: Well, that's a very -- kind of want to say huge initiative for us to take a look at. I can say that we are working through the watershed management plans and we'll be developing -- through the watershed management plans it would be your best -- your basin management action plan for addressing TMDLs, total maximum daily loads, which is YOlrr pollutant sources. And through that exercise, that can be looking at some alternative types of approaches for storm water management within that watershed management plan context. I can also tell you that the state is developing -- is in the midst now of developing a stormwater rule that would have those types of elements in it, and then that would be applied statewide. And so we might be looking at something somewhat duplicative of what the state is going through. CHAIRMAN STRAIN: Well, it just seems iftbe idea is in some cases that stonnwater io preserves is not the best thing, if we can come up with viable alternatives that can help us, give us more areas to perc, actually create more open space or green open space instead of asphalt, that could be a huge advantage, not just from stonnwater in preserves but from a lot of other aspects as well. And we might -- seems like a good thing to look for. MR. LORENZ: Yeah, I certainly understand that. CHAIRMAN STRAIN: Any other questions on the last page of this section before we go to public speakers? (No response.) CHAIRMAN STRAIN: Okay, members of the public that want to speak, fight over who comes up first, but go for it. Bruce, you're the first one standing. MR. ANDERSON: Also the last. CHAIRMAN STRAIN: Also the last? I don't think so. MR. ANDERSON: No, last man standing on this one. CHAIRMAN STRAIN: So you're saying Nicole's -- okay, that's a good point. MR. ANDERSON: Right. Mr. Strain, Ijust want to reiterate some of the points you made where there are inconsistencies with the language in the Comprehensive Plan. Page 202, paragraph C.i, where it says, no protected or listed species are present. It should read, does not cause harm. Next page, paragraph D, have no negative impact. Again, the standard in the Comprehensive Plan is not harm. And the last one, which you also caught, was paragraph H at the bottom, will receive a benefit, that is not fOWld -- that language is not found in the Comprehensive Plan either. It just says that it will suffer no adverse impact. That's all I have, thank you. CHAIRMAN STRAIN: Thank you. The fact you didn't have very much, that must mean there's something else wrong with this, so -- COMMISSIONER CARON: We'll look at it doubly hard. CHAIRMAN STRAIN: Yeah, we're going to look at it harder. Page 30 161 lA-S September 26, 2008 Mr. Hancock, welcome. MR. HANCOCK: Thank you. Again, good morning, Commissioners. For the record, Tim Hancock with Davidson Engineering. Many of you may remember when I appeared before you on behalf of New Hope Ministries and their rezone petition. And one of the critical issues for them was storm water management in the preserves. We did a lot of work trying to reach an agreement with staff on what standards were appropriate and what were not, and this body passed that forward with a recommendation of approval, and ultimately the project was approved with stormwater management in preserves by the Board of County Commissioners. As I look at the -- and we went through that kind of looking at that as a test case, what can we do with respect to that particular project that we can carry over into future projects where we can build in the safeguards that we feel are appropriate. So let me start with on Page 201, you hit on this briefly under fiscal and operational impacts. I do believe the last sentence afthat paragraph should read that restrictions on the types of preserves which can be used for stormwater management will have an adverse impact on applicants who want to utilize their property, period. If you take stormwater management out of preserves entirely, out of any upland preserves, that simply means that it will take more land to handle stormwater management and therefore will have an adverse impact on the development value of that land. I want to remind everybody that two years ago, when we first started talking about this in any detail, the water management standard for pre-treatment was 100 percent. The District now requires 150 percent, as does the county. That's a significant step in pre-treatment. When we talk about storm water management in preserves, 100 percent of it must meet that pre-treatment guideline. So as we go through this, please keep that in mind. We're dealing with a significantly higher standard in water management across the board for pre-treatment before these are ever applied. My next comment is on Page 202. We may have a potential conflict under Item 2.B. We have several projects where the South Florida Water Management District has permitted stormwater management in a preserve where non-hydric soils are present. And this may very well contlict with a permit issued by the District. I want to raise that as a possible contlict. Secondly, Item C.l -- CHAIRMAN STRAIN: Before you go too far, can you tell us a little more? This says that, may be discharged into portions of the preserves that are comprised of -- and it lists all the -- just about everything, in accordance with South Florida. How do you come to a contlict with that? MR. HANCOCK: Well, the conflict actually occurs later when you get into C, when it says may be discharged. We may have a permit from the District that says we can. CHAIRMAN STRAIN: Okay, you had directed us to B. So your concern is with C. MR. HANCOCK: It's kind of the setup to C. CHAIRMAN STRAIN: Well, let's get specific, though. We can't fix things or we can't understand things unless we're specific. So in C, where preserves include non-hydric soils and uplands, stormwater may be discharged in the preserves, provided the following are met. The may is saying you can do it based on the following criteria. Your problem is the following criteria? MR. HANCOCK: Yes, sir, under Item i. It says-- CHAIRMAN STRAIN: The one Bruce and I both and this board has already suggested be changed to be consistent with the language in the GMP? MR. HANCOCK: That's correct. I wanted to draw an example of why that needs to happen. CHAIRMAN STRAIN: But are you upset with the language that's there or the language that we're suggesting as a fix? MR. HANCOCK: The language that's there. CHAIRMAN STRAIN: Okay. Let's assume it's getting fixed. MR. HANCOCK: Okay. CHAIRMAN STRAIN: You don't have an objection then, right? MR. HANCOCK: No, sir. CHAIRMAN STRAIN: Okay. I just wanted to get to the bottom line so we can get all your issues addrcsscd. So, sorry to interrupt you. MR. HANCOCK: Again, I continue to be hampered by making notes prior to the discussion. So my apologies. CHAIRMAN STRAIN: I do the same thing and then I have be redundant sometimes, sorry. MR. HANCOCK: Yes, not thinking quick enough. The biggest issue I have is on Page 203 with Item iii. It's already been discussed by Mr. Lorenz that the -- the Mike Page 31 161 lkS September 26, 2008 Duever report indicates that in the mesic f1atwoods -- and Commissioner Caron, I think it's important that we're talking about mesic tlatwoods here, not xeric, because mesic tlatwoods are a uniquely different animal. In a mesic tlatwood you may have slash pine, but you may have groundcover species that vary from very wet to very dry, all within a mesic. And that's why you see -- if you think about it, a variation within one regime of inundation at the swface between zero days to 30 days at two inches is a substantial difference. And you'll have a very different type of groundcover and midstory in those situations. In other words, you can have a mesic flatwood that has zero inundation. You can also have a mesic flatwood with 30 days at two inches above the surface. Those are not the -- and we talk about regimes. I think we need to talk about them in the sense of them being mesic f1atwoods, not being a specific type of groundcover that's consistent within that range. And that's -- and the mesic flatwoods are very malleable. In my conversations with Mr. Duever, he indicated that the report says less than or equal to one month or 30 days. He said but that in essence is an average over a greater period oftime. In other words, in wet years and dry years those numbers vary. He came to that because be looked at a broader range of time. Not just -- it's not as if on day 31 everything goes to hell in a handbasket. This is over a broader range of time. And so the concern I have is, that when we put a I D-day total in there, and this is where I have to maybe explain to you how the model can be set up and how it works. It's not an off-the-shelf model. It really has to be fine tuned even from what we've done so far. But with a I D-day limit in the 1996 model year, which was selected by staff, and ironically is the same year we selected when we looked at a 12-month average year -- tv1r. Lorenz looked at a wet season average year, we both came up with the same year. It has within it two significant stann events. In one month during that wet season there is I believe 13.8 inches of rain. There were two major stann events in that month. In another month it has eight inches. There was one significant event and two smaller events. When you set up your model, we are already in the wet season, so let's assume that the groundwater is at the wet season water table. At or close to it. When you have a couple major events back-to-back, YOll may have a 1 D-day period just in the 1996 year because of those two stonns. When you limit it to ] 0 days, it is almost a de facto elimination of storm water management in upland preserves because of the 1996 model year. My concern is that if we do that, then we've just thrown it out. Ifwe're going to throw it out, let's just admit that we're throwing it out. I would like to see that go to the 30 days that the Duever report extensively established. It is the only benchmark that has been scientifically put fonvard that we can measure against. And let me tell you where the safeguards are built in to the degree I understand them. The way the model works is you have rainfall. If you can picture a bathtub. Your rainfall is pouring into that bathtub. Your water management system has an outfall. That's the drain in the bathtub. The drain's not at the bortom of the bathtub, it's a couple inches above the bottom. The amount of rainfall that comes in in the time frame it pours in will create a head in that bathtub, which affects your outflow in that outfall. As you go through each day in this wet season model, you're plugging water in. So if you can picture the way this would look on a chart is you're having a buildup, if you will, of head of water within your water management system at the same time you're experiencing a bleed down. So there's a standard coefficient there as it builds up and it bleeds down. When you have significant events that build up far faster and far higher than the bleed down will allow for, you get a spike. The duration of that event has to be plugged in, and you have to use some averages. And then the coefficient of bleed down takes over. And when you have back-to-back events, you have a stacking. As that water rises within your water management system, at some point, because your water management system really should be designed adjacent to the preserve so you don't have benns in between them, and that's we did it with New Hope, at some point as the water rises it begins to bleed back into the preserve. And the reason it does that is because the water table itself has risen because of the rain. As it bleeds back into the preserve, eventually the storm events taper and the outfall rate catches up and the entire water level of the site begins to come down and that water in essence bleeds back to your water management system. There are going to be a lot of times when the area closest to your water management system will have inundation, but it hasn't crept back, if you will, to the far reaches. So there's going to be a variation and a grade in there. That model doesn't really exist. It is -- it can be created. But we have to use some degrees of when we model the stann events how many inches per hour do we use as a model so we have a duration. Those things have to be plugged in. And we will Page 32 16 I 1 ~s September 26, 2008 continue to work with your staff to clean that model up before the next project comes before you under these criteria. But the reason I think that's important is if you can picture kind ofa graph that bumps up and down over the five wet months that we're dealing with, the whole point is how many times does that graph tip above that inundation level at tbe surface? And if it's only 10 days, the fact that you have two back-to-back events is going to tip it above it no matter what. And so even though we can show that it's only 10 days, we're well below tbe Duever threshold of 30, we're precluded from putting stonnwater management in that particular preserve. And that's why I would like to see that time frame go to 30. The question you have I think is appropriate. Where is your safety net? And the safety net comes in a detailed monitoring program that addresses elevations of surface water on a regular basis as well as a vegetative inventory. Because a mesic flatwood has a vegetation range, it's not a snapshot in time. And this is the point you made, Mr. Strain. If we go out there today and we take a picture of that preserve, it's not what it was 60 years ago when a TIonna] regime occurred. But it certainly can be a little more wet in this case and still be a mesic flatvvood. We're not going to see, if we model this properly and monitor it properly, this changing from a mesic to a wetland. That's a regime change. But if we see that it is getting more wet and that more wet foot plants are appropriate, a monitoring program will indicate that and allow us to replace that vegetation with something that will prosper, as opposed to die off. I believe that is the safety net. The key is to maintain that we stay within the mesic framework and not go outside of that. The other issue we have in looking at replacement is sometimes it's hard to tcll what caused it. We can go out there to areas that are not preserves today and we don't know ifit's necessarily pine beetle or inundation due to standing water. Sometimes it's hard to place the tag on it. But the fact that you arc putting storm water management into it means you have to monitor it. And regardless of the reason, you can't prove that it wasn't and somebody probably can't prove that it was, you're going to have to address it. And that's a maintenance level that does not exist in preserves that do not have water management today. The language that we adopted in the New Hope project was that we replace vegetation adversely impacted by the stonnwater with vegetation that will be suitable to the future conditions. I think that makes sense. Whatever those future conditions are and why they're being created, that just makes sense to me. So I'd like to see in number three that go up to the 30 days, which again is what is contained in the Mike Duever report, is a standard, is the only standard that is out there right now. And I think it's an acceptable one. And I think the monitoring program details should corne back to you in a little more specific fonn than you see here so that you understand more fully what that safety net incorporates. The last thing I want to point out, this is more of a question. On D, where it says stonnwater may be discharged in wetland portions of preserves with listed species but shall have no negative impact on those listed species. Ifthat is a sub -- I don't believe it's a sub ofC.i, because those two do conflict. CHAIRMAN STRAIN: Well, that language is changing anyway. MR. HANCOCK: Correct. And that is really everything I had in a nutshell. CHAIRMAN STRAIN: Thank you. Are there any other speakers on this matter? Sir? MR. HUGHES: Commissioners, I'm Bill Hughes, speaking as a citizen of Collier County. I agree with Mr. Strain, the Chair's position, on some of these urban preserves. There is a point of what's realistic and what is not. Second, on the stonnwater issues, the main issue in my opinion is the water chemistry and the effect on the estuaries. The monitoring program is necessary and, as indicated, some of these things did not exist in the past. As a result, I believe some of our current condition is damaged as a result. And I again compliment the panel here today for your awareness of this and your insights. Thank you. CHAIRMAN STRAIN: Thank you, sir. Anybody else want to speak on this? Nicole, I bet you want to speak on this. You've been awfully -- sitting there without getting up. Are you intending to speak on this, so I don't miss you? Okay. I think we would value your input. MS. KITCHENER: Hi. I'm Marielle Kitchener with Turrell, Hall and Associates, for the record. J just want to preface this by saying for J I years now I've been doing wetland monitoring primarily in Collier County. And my biggest concern with this is that it seems to be kind ofleaning towards eliminating stonnwater from going into the preserves. And as you know, most prescrves have both upland and wetland areas, some having hydric soils, some of them having non-hydric soils. Page 33 16 I 1 k5 September 26, 2008 The preserves that I have been looking after have a tendency already to become less hydric over time. So limiting stonnwater discharge into the preserves will not benefit these wetland preserves over time, I don't think. It's-- CHAIRMAN STRAIN: Before you go too much further, and I don't mean to intenupt your train of thought, but it helps me to ask questions as you move along. When you said become less hydric, soil is what it is when it's placed there. How does it become less hydric" MS. KITCHENER: Well, I actually have a preserve. Pebblebrook, where-- CHAIRMAN STRAIN: Pebblebrook" MS. KITCHENER: Yeah, Pebblebrook. CHAIRMAN STRAIN: Boy, that's a great example. MS. KITCHENER: Yes. And, you know, I've been looking after this preserve for gosh, almost -- well, 10 years now, where there was an area that was considered jurisdictional wetland when it was permitted. And when the new area, Stevie Tomato area went in, it was no longer considered jurisdictional wetland according to the Corps of Engineers. CHAIRMAN STRAIN: Okay, but my question was: How does the soil change from hydric to non-hydric? The Corps may not have considered it any further jurisdictional, but it doesn't mean the soil -- did the soil physically change? MS. KITCHENER: Yes, it did. CIIAIRMAN STRAIN: Okay, how" MS. KITCHENER: Basically, it's dried out. The preserve has dried out. CHAIRMAN STRAIN: But it's still hydric, meaning it will perk. MS. KITCHENER: Well, the soil is no longer considered a wetland soil, according to the Corps. CHAIRMAN STRAIN: Okay, that's a lot different than what I -- MS. KITCHENER: Yes. CHAIRMAN STRAIN: Okay, that's where I was trying to go. I want to undcrstand what you-- MS. KITCHENER: Sorry. Wc weren't connecting, sorry. CHAIRMAN STRAIN: Thank you. MS. KITCHENER: My biggest concern really is just that if you don't allow stonnwater into wetland preserves, like I said, and a Jot of these wetlands preserves have upland areas in them. I've already -- I've got a lot of issues with my preserves where they're trending towards upland vegetation and they're becoming taken over with grapevine and other upland -- Caesarweed, other pioneer upland species. and it's a real problem. So I don't want to sce them drying out further. So anyway, so I just wanted to add that. CHAIRMAN STRAIN: Thank you. Just side bar. How do you get rid of that grapevine? That is horrible stuff COMMISSIONER CARON: What do you do? CHAIRMAN STRAIN: It b'1'OWS all over everything, covers -- I mean. it's just unreal. MS. KITCHENER: There's really not. The usual cutting, burning treatment. Once it's there, it's there. COMMISSIONER CARON: Lifetime activity. CHAIRMAN STRAIN: Yeah, takes forever. rhank you. Okay, you want Bruce to go before you, right? MS. RYAN: Go ahcad, gentlemen first. CHAIRMAN STRAIN: She always likes to be the last so she can counter everybody that comes up ahead. MR. LAYMAN: Yes. that's what I figured. Bruce Layman with Wilson-Miller. Actually, it just struck mc as I was sitting here listening. I'm starting out with a question probably for Bill. Under the ii, sub C it says, where preserves include non-hydric soils. CHAIRMAN STRAIN: Where are you? MR. LA YMAN: It's on Page 202, mid page. Is sub C relating to preserves that are entirely uplands? Or is that suggesting that you have non-hydric soils within a larger preserve that might be wetland in nature but you've got upland inclusions in it? Because it struck me that maybe I was misreading this, and it should say, where preserves are solely non-hydric soils and uplands. And then the following criteria are applied to those conditions. MR. LORENZ: Yeah, I'm looking at how the language is stated. And I'm kind of working off ofB. provides the condition that stonnwater can be discharged into preserves that are composed of jurisdictional wetlands, uplands comprised solely of hydric soils and uplands that serve as buffers around the wetlands. So that's an allowance. But then if you have any other -- the other conditions would include non-hydric soils and uplands. And that's where everything under C would apply. Page 34 septeml921. 201 AS So you could have -- if you have preserves that are including non-hydric soils in them, and in addition to wetlands, then this -- you'd have to go through the provisions of C, is the way it's worded. MR. LAYMAN: I was hoping that wasn't the answer. But okay, that kind of changes my looking at it. This has been going for two years now. And we've been heavily involved in commenting and trying to sculpt this into something that works. Originally the direction for the -- this code started when we had a project -- not very big project, I don't believe -- that had a preserve that was entirely uplands. It had no wetlands in it. And the applicant wanted to put stonnwater into the uplands. And the question was asked, will that hurt the uplands? A very valid question. And so this effort started. And instead of containing the regulation to preserves that are uplands where people wanted to put stonnwater, it morphed into let's regulate all preserves where stonnwater might be suggested to be placed. Last year I made the statement we've been putting stonnwater in preserves for pushing two decades now. And so far that I know, I have one example. Last year there wasn't an example, but now there is one example where presumably the stormwater in the preserve has impacted the vegetation in that preserve. One example out of, I don't know, probably thousands. CHAIRMAN STRAIN: What example is that? What project? MR. LAYMAN: I believe it's the Collier Regional Park. CHAIRMAN STRAIN: I thought you were going to say that. I'm not sure I agree with your understanding of why that occurred, but that's fine. MR. LAYMAN: Well, I may be wrong, but that was -- if I'm wrong and it was a different cause, then we still are back to zero then. So I just want to preface that, you know, this isn't a common problem that we're having that we're drafting this code about. It either hasn't happened or it's happened very, very, very infrequently. In fact, reflecting what was just said, more times than not -- and I've heard this also from Water Management District compliance staff, is more often than not if there a problem with vegetation it's because not enough water is being put into preserves. So I think it's very important to still kind of go with a concept that including wetland preserves that may also have uplands in them, including them in your water management system is very important to maintain the hydrology of those systems. Running through the code as it's proposed, some specific things. Mr. Hancock suggested that the Water Management District currently requires 150 percent water treatment which is consistent also with the interim water management regulations of the county code. So it seems to me that under what, the top of Page 202, sub A, where it references you have to do the -- the discharges have to meet both the basis of review and the interim watershed management regulations, it's basically saying the same thing. And honestly, I'm not sure why we would want to put a reference into the code that's an interim policy, knowing that it's going to change at some point in the future when it gets finalized. Given that they cover the same aspects, same criteria, why wouldn't we want to leave it at just the basis of review and strike the reference to interim watershed plan? Simply knowing than it is interim at this point, it's going to need to get updated at some point in the future. Following to the sub 13, when this first started out, we wanted to allow for water to be -- discharged into wetlands and if the soil -- the Golden Gate Estates might be a good example. It used to be a hydric soil, it's probably mapped as a hydric soil. However, if you go out there today, it doesn't have hydric soil conditions because it's been dry for so long and it's been oxidized and it's no longer considered on the ground a hydric soil, even though the map might suggest that it was. The intent of the reference to upland, uplands comprised solely of hydric soils, that reference was to the mapped condition. I f it was mapped as hydric because it used to be hydric 60 years ago, now it's not because it's been drained, it's probably more likely to be able to accept water on it again. So-- CHAIRMAN STRAIN: Brucc, I need (0 ask you a question. This hydric issue has got me a little puzzled. Soil is a physical item. It's considered -- it's got granular nature to it. It's got certain amounts of organics. It's got sand, it's got other particles in it. Whatever it is, nature made it that way and struck it wherever they stuck it in this earth unless we come along and move it. So Golden Gate Estates is a good example. You're saying the hydric soils that were mapped there are physically not hydric or just not functioning as hydric in regards to the wetlands nature of the area? MR. LAYMAN: I'm not sure I understand the differentiation, because it's pretty much the same thing. Basically they were hydric at one point, cypress over top of them, nice organic black soils with some sand mixed in. Once they dry out, they tend to oxidize because the water's not there keeping them anaerobic conditions. So when the water is there, the microbes and whatnot in the soil can't break them down. It's not a living condition for the critters -- or the little microbes when the water's up there and it's ponded and it's sopping wet. When it dries out, the decomposition process can continue. The organics become less, the sand becomes a higher Page 35 16 I 1 N5 September 26, 20158 percentage of what makes up the soil and you lose your -- and it's no longer considered hydric on the ground per the Corps of Engineers' conditions, the descriptions that they have for hydric soils, the indicators that are for hydric soils. So when it does dry out, things do change. It turns more into that salt and pepper color versus the jet black that it used to be when the water used to be on it 50, 60 years ago. CHAIRMAN STRAIN: Because I haven't heard -- and that's what I was trying to focus on with the young lady ahead of you, is how this soil could physically change from one type to another. Because if it does, that has another whole bearing on all this stuff that we've been regulating. But now -- please go ahead, then. I'm sorry. ] just needed to understand that better. MR. LA YMAN: Conversely, to expand upon that, it can go from a non-hydric condition now, put a bunch of water on it and it can turn back into hydric. I mean, it can go back and forth. It's usually a long process. It's not overnight. it's not next week, it's not next month, but it does happen through time. So at any rate, back to the sub B. We had the uplands comprised solely of hydric soils. But then later in the sentence, or in the paragraph, rather, it says, the hydric nature of the soils must be field verified by a -- well, by the applicant, using the methodology in chapter so-and-so. The purpose of referencing the hydric soils earlier in the paragraph was to suggest that if they were mapped hydric once and they may not be hydric anymore, odds are you could put water back on it and probably not hann anything. But that kind of defeats the purpose by going out and verifying that they're hydric again, because ifthey're hydric soils in the field chances are they're not uplands. Chanccs are they're wetlands. So I would suggest that in the reference to uplands comprised solely of hydric soils, I would change that to reflect uplands comprised -- you could keep solely or not, of mapped hydric soils, because that's I think what we're getting at originally. because those would be -- there'd be less risk in having water put back on those types of habitats if they were once wet and now they've dried out some. And basically strike that last sentence about the hydric nature of the soils must be field verified by the applicant. CHAIRMAN STRAIN: Why" MR. LAYMAN: Well, it's a conflict. Because if you go out and you vcrify the hydric nature of the soil, it is a hydric soil today. That -- if it's hydric today. chances are very probable that the water is there to support the hydric nature of the soil. If the water's there to support the hydric nature ofthc soil, it's probably not an upland by current standards of going out and doing a wetland jurisdictional determination with the state or the federal government. CHAIRMAN STRAIN: Okay, I'm going to ask staff!o comment on that. Go ahead. MS. MASON: If] could kind of comment on that. Susan Mason with Environmental Services Section, for the record. The reason] kind of had some input with this with the field verification was because the scale of the mapping of the soils is really large, and it can be up even up to half an acre of a different type of soil. If it's largely mapped as a wetland there could be a fairly significant quarter acre size say maybe upland in there. And if you're talking about a smaller lype preserve, that could really be mapped as a wetland, but the situation on the ground is the actual area that qualifies and ranks as their preserve requirement is going to be an upland. So the field verification wa<; important because you need to make sure, with the scale, I mean, the maps cover the entire county. so they obviously didn't go down and do individual jurisdictional lines like DEP does for Estates lots. It would really be the similar kind of thing like that to make sure that it really is a wetland or an upland, and either allow it easier ifit's a wetland or with more restrictions if it's an upland. So it wao;; more ofa scale. CHAIRMAN STRAIN: Thank you. Personally I think these field verification is valuable so -- and I understand your point, Bruce, I'm just -- that's my thought. Do you have anything else, sir? MR. LAYMAN: Yes, let me see, rolling down here. Oh, and I do want to support, Mr. Strain, your suggestion of using the Growth Management Plan language on the caveat about no protected or listed species are present. I think that will fix. If that doesn't happen, that particular clause will probably mean that it vcry easily could be the norm that we'd have to go through the deviation process instead of the exception. But by changing the language to the Growth Management Plan language, I think we would sidestep that situation. CHAIRMAN STRAIN: Well, I mean, as far as the GMP language, I don't think we have any choice, we're here to do what the G MP dictates, so -- MR. LAYMAN: No, that's good. Following, on the middle of Page 203, sub F, the last sentence, it's that replacement sentence: Compatible vegetation must be planted to replace any vegetation that may be lost over time in the preserve. Page 36 I 6 1 I-A:-5 September 26, 2008 That is very ambiguous. If a hurricane comes through, snaps off a couple of trees, as is written, you'd have to replace those trees that had nothing to do with stormwater in preserves. So I would think that we may want to include some sort of caveat right before the end of the sentence such as, as a result of excessive inundation, and place that right after the word times such that it would read, compatible vegetation must be planted to replace any vegetation that may be lost over time as a result of excessive inundation in the preserve. And that way we're not leaving the door completely open for requiring replanting ifit has nothing to do with the stormwater in the preserves. CHAIRMAN STRAIN: How would anybody show exccssive inundation? I mean, the practical application is we need to get the material replaced ifit were to die off And we don't want an impractical way to prove that, because then we've accomplished a loophole that has been used too often by too many people. So I donlt have any problems looking at changes in any language in this entire code, as long as it can be applied. And I wouldn't know how to apply that. MR. LAYMAN: Maybe it's a matter of having a vegetation replacement clause elsewhere in the code where it applies to all preserves, and not have it buried in the stormwater in preserves language. Because honestly, I wouldn't -- you know, I wouldn't look here if that were the case. CHAIRMAN STRAIN: We did bring this question up earlier, and I think that because this is under the stormwater section, it would only intentionally be for stonnwater. But go ahead, Bill. MR. LORENZ: Maybe I can work with the language with Bruce to state it more in a positive way, that vegetation would not have to be removed if it can be demonstrated that it was caused by wind damage, fire, et cetera, et cetera. In other words, things that we can physically detem1ine that are not stonnwater related. And then that may be a way of handling that. CHAIRMAN STRAIN: Any form of analysis that could be -- we could actually latch onto factually is what we need to put here. MR. LAYMAN: That sounds reasonable. And I have one last comment, and that's regarding sub II at the very end. That's Page 203 and 204. It's the deviation process. The first half of the paragraph basically says, staffwill review the deviation request, make sure everything is good to go, and then the process for granting the deviation shall follow the proccdures set forth in Section 8.06.10. So basically it's saying you'll get to the point where stalT is comfortable and then you'll go through the deviation process with EAC and presumably then the planning commission. It would seem to me if the project gets to the point wherc staff approves it, that there might be -- we might well want to put an administrative approval allowance within there and have the deviation through the EAC and planning commission move forward only if the applicant can't reach an agreement with staff. CHAIRMAN STRAIN: Well, I think the code is the administrative approval process, and anything beyond the code needs to have public review. Otherwise, I don't see the public being adequately protected. So Bruce, I'm not sure if anybody else agrees or disagrees, but that's my just my comment. MR. LAYMAN: All right. That's aliI had. Thank you. CHAIRMAN STRAIN: Thank you. Okay, Nicole. Now, you can talk slower, because we're not the Gong Show and you'd be able to have more time to talk. MS. RYAN: Okay. as long as I'm not going to be kicked back to my seat, I promise I will. Forthe record, Nicole Ryan here on behalf ofthe Conservancy of Southwest Florida. And the Conservancy is not able to support the language as staff has proposed it. This is similar to the language that staff proposed two years ago. We had concerns with it then. You as the planning commission had concerns at least with some of the fonner iterations of the language for this that staff had proposed. The Conservancy's initial position was that no stonnwater should be allowed in preserves under any circumstances. And we based that position on information ITom numerous agencies, including the U.s. Environmental Protection Agency, where in their guide to best stonnwatcr management practices they stated that incorporating natural wetlands into the overall stormwater system, either for treatment or for storage, has an adverse impact on those wetlands and their biota, especially in urban areas. This is due to the fact that the ability for wetlands to handle increased flow or pollutants from stormwater is limited. And the result is adverse impacts to the biological community and biological function. However, we do realize that the county wants to put in place the ability for flexibility so that applicants, due to perhaps a small preserve, perhaps it's in an urban area where it makes sense to allow for a preserve to be incorporated can be on a case-by-case basis. So we wanted to look and find some sort of compromise language that would still implement the intent of the GMP. Page 37 sePtel~r ~6, 2~8 A5 And I think it's important to point out that the GMP requires that no adverse impact result to the naturally occurring native vegetation. And the Conservancy does have a concern about taking an upland and transitioning it to morc ofa wetland through stormwatcr. That isn't the naturally occurring vegetation that's on the site in many cases. So we don't believe that that truly implements the intent of the GMP. We had sent you a comment Jetter at the end of August detailing how we would like to see the staffs language rewritten. But really, even if you rewrite the language that staff has proposed, they still allow a deviation at the end that allows for applicants, no matter what circumstance, to apply to have stormwatcr in the preserves. So we want to simplifY this, because the language that's been discussed today, there's a lot of wiggle room, there's a lot of uncertainty. And so we've proposed kind of three bullets that we think captures what you would like to get to, what staff would like to get to. I have copies if you'd like copies, and I'll put it on the visualizer. Essentially this gets to the first issue of limiting treated stonnwater discharge into wetland preserves that would demonstrate no adverse impact rrom this additional stonnwater. And the responsibility would be on the applicant to significantly demonstrate to the county that in an adequate manner, yes, this would be -- the no adverse impact would be met. Second, for all other cases -- CHAIRMAN STRAIN: Before you go too far -- and again. I know I've interrupted too many speakers. But if you go too far and we don't ask our questions we may not get the results accurately -- MS. RYAN: No, that's fine. CHAIRMAN STRAIN: Let's go back to your first bullet. Let's discuss that. Basically you're suggesting that it's only wetland preserves and that the xeric preserves and mesic preserves would be off limits. Isthat-- MS. RYAN: Yes, underthe assumption than it's allowed without a deviation, yes. CHAIRMAN STRAIN: Okay. The xeric uplands that were talkcd about basically don't have any -- very little -- I think you said less than once in 24 months do they have any inundation at all. Is it -- and staff can tell me this -- is the intent of the language that you put forward that even xeric areas would be allowed to have stormwater? MR. LORENZ: They would not be allowed to have stonnwater. CHAIRMAN STRAIN: So xeric under your conditions wouldn't be allowed. MR. LORENZ: Correct. CHAIRMAN STRAIN: Okay. And that's one uplands. And the only uplands I think you're concerned about based on this first bullet then are the two mesic and xeric. Is that right, Nicole? MS. RYAN: Well, we're concerned about really all of the uplands. And also, you have hydric soils that aren't necessarily wetlands that we believe should have to go through the deviation process with the public and sort ofthat heightened awareness and demonstration that there will not be an adverse impact. Or ifthere is going to be an adverse impact, the county detennines through the public hearing process that on this case-by-case basis it's something that would be for the better good and allowed. CHAIRMAN STRAIN: By the way, the rest ofthe panel members here, ifl'm going into too much detail, I'm not trying to get anybody going where we shouldn't gO,just let me know. But right now I'd like to try to understand your first bullet, to try to look for a compromise that works for everyone. Could you put up that study that showed the amount of inundation per month. That one there. Now, Bill, the way you've written the language, you're saying that xeric communities couldn't have any -- they wouldn't be allowed, period, no stonnwater. MR. LORENZ: That's correct. CHAIRMAN STRAIN: Okay. Mesic goes back to that period of inundation that would have to be proved. Is that -- go ahead. MR. LORENZ: Maybe I should modifY what I said. Certainly xeric could come through as a deviation process -- CHAIRMAN STRAIN: This is a clarification that-- MR. LORENZ: I don't think we excluded that fTOm the deviation process. Anything could come through the deviation process. CHAIRMAN STRAIN: By the way, during lunch today could you make copies of this document so we could have it to study off of before you come back to us again? MR. LORENZ: Sure. CHAIRMAN STRAIN: Okay. So the xeric, if we were to -- first of all, the xeric's not a given. And if we were to eliminate it from even deviation process, that would keep it out of play. MR. LORENZ: Correct. Page 38 16 \ l-As September 26, 2008 CHAIRMAN STRAIN: Okay. Now, Nicole, your agency or your organization is concerned about, on this page what levels of plant communities? Where is it you're concerned -- where is it you're trying to write about in your first bullet? MS. RYAN: Well, the first bullet -- we're concerned about all of them -- CHAIRMAN STRAIN: Okay, let's get back to discharge-- MS. RY AN: -- we are concerned about all of them. But in looking at this chart, we're concerned that first of all, for the first bullet, ifit's a wetland, than it could be allowed. If we're looking at uplands and the mesic-- CHAIRMAN STRAIN: Let's stop there. If it's a wetland. On this page that's in front of us right now, where do the wetlands in your mind fall? MS. RYAN: The wetlands, cypress would be wetlands, swamp forest would be wetland. CHAIRMAN STRAIN: How about the hydric tlatwood and hydric hammock? Would they be considered wetlands? MS. RYAN: I would defer to a biologist. I don't believe they are. They're hydric soils. but wetlands have essentially have three conditions. Vou have the hydric soils, you also have plants and vegetation that are characteristic of wetlands, and you have the hydrology, those water levels that make it a wetland. So hydric doesn't necessarily equate to wetland, though it is one factor of a wetland. CHAIRMAN STRAIN: Bill, from a staffs perspective, is the hydric tlatwood and hydric hammock considered wetland preserves? MR. LORENZ: The way we would -- that's not exactly the question to ask. The way we structure the ordinance, the Land Development Code amendments is that if it's jurisdictional, it would go in as a wetland. Ifit's non-jurisdictional, then it would be subject to our analysis. CHAIRMAN STRAIN: Would the hydric tlatwoods and hydric hammocks be jurisdictional? MR. LORENZ: That could be. CHAIRMAN STRAIN: They could be. MR. LORENZ: They could be. CHAIRMAN STRAIN: Okay, so -- and I'mjusttrying to get -- the top one is off the table. The hydric tlatwoods and hydric hammocks is a maybe. And now we're down to mesic flat wood and mesic hammock. Those are considered uplands from everybody's perspective" MR. LORENZ: Typically, yes. CHAIRMAN STRAIN: Okay. And so the issue then is how often are they inundated. And ifthe inundation is greater that what nature would normally put there, they become a problem for the species that are there. right? MR. LORENZ: Yes. CHAIRMAN STRAIN: So in your first bullet, you're really talking about, from what I can see, the -- what, the wetland prairie -- yeah, your first bullet. You're talking about the wetland prairies on down. They took the other sheet off. Can you put that other sheet back on there. Nicole, when you refer to wetland preserves, you're referring to which level on here, wet prairie, dwarf cypress on down? MS. RYAN: I think that we could probably agree to jurisdictional wetlands-- CHAIRMAN STRAIN: Okay, we're making progress then-- MS. RYAN: -- I mean, it's going to be on an case-by-case basis for some ofthese. So I think jurisdictional would probably simplifY that. CHAIRMAN STRAIN: Okay. Then the mesic tlatwood, mesic hammock is outside jurisdictional. They're inundated a certain period each year. Would your objections be at all for stormwater or only un to those periods when they normally are by nature? MS. RYAN: Well, I think stormwater is not natural. So we're trying to compare apples and oranges here. When we're talking about putting storm water into an area, that is an unnatural addition. Now can it be done in a manner which will not completely degrade that area? Perhaps. But storm water is not natural. So I'm not sure that comparing a natural inundation tram rainwater and groundwater regime can really be compared with putting more stormwater in. If we're talking about rehydration of an area, and I know that there's a lot of concern about it's unnaturally dry and the water table has been lowered because of canals and drainage from development. And that's true. But rehydrating for the purpose of restoration of an area is very different than rehydrating because you need to place stonnwater into an area as part of an overflow for the storm water management system. CHAIRMAN STRAIN: Okay, I've got to ask one question of the rest ofthe board. We normally take a break about now for lunch. We can interrupt this process, because I think the discussion with Nicole is going to go on longer than lunch. So what's the choice of the panel" Page 39 16 lIAs September 26, 2008 Nicole, would you mind if we took a break now and come back and continue with you after lunch? Because honestly, I think we're going to have more questions ofyau and I need more definition of your -- I'm concerned about your issues, but I also want us -- I'm concerned about the other issues brought up by the staff and other people here. And I want to make sure that what comes out of this 15 balanced in direction to staff to come back with something that works for everybody. Will you be able to be available after lunch? MS. RYAN: I had a ] :00 meeting, but I will cancel that and come back here. CHA]RMAN STRAIN: We would appreciate it. So with that, if it's okay with everybody let's break and come back at a quarter to 1:00, 12:45. ]s that okay with everybody? One minute before we do. 1 just thought of something. Catherine? MS. FABACHER: Yes, sir. CHAIRMAN STRA]N: You know, we've got a lot of people in the wings standing by for things that could come up that are not environmentally related today. But it looks like on item B we can return to a pile of environmental issues. And we might just focus on all environmental issues today so that we don't have to worry Phil Gramatges or Michael DeRuntz or Carolina or other members having to stand by all afternoon to -- and if they know that, they don't have to worry about it and we can address those issues on the 2nd of October. Is that doable? MS. FABACHER: Well, Mr. Chair, we could of course do that. I have another consideration, though, because we have very little to send to the Board of County Commissioners on October 7th. So these are very, very quick ones. They're all very simple like citation -- if we could just whip through those, I would have something to take to the board. Because we've already canceled one meeting for lack of things to hear. CHA]RMAN STRAIN: But see, I don't care if you cancel the meetings to the board for the next six months, and they don't either, J don't believe. I think they'd rather see us do a good job rather than send one to them hastily. As tar as going quickly through those, I can assure you, we will not be. So with that in mind, why don't we suggest that we will move in -- stay on only environmental issues today and we'll see the meeting through till we quit today just on environmental. Is that okay with everybody" Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Yes, it's okay with me. I have another question I wanted. CHAIRMAN STRAIN: Sure, go ahead. COMMISSIONER VIGLIOTTI: During lunch, could we get a copy of what's on the visualizer so that it will be here when we come back. CHA]RMAN STRAIN: Okay. Is that okay with everybody? Okay, great. We'll break for lunch and now let's just come back at I :00 even. Thank you. (Lunch break.) CHA]RMAN STRAIN: Okay, everyone, welcome back from lunch. We had left off with Nicole Ryan's presentation or discussion on the stonnwater in preserves issue. She was telling us how she has no problem with stonnwater, even in the highest of uplands. (Laughter.) CHAIRMAN STRA]N: Nicole, I know we started talking about what in particular you were mostly concerned about, or where from a preservation standpoint would be most detrimental. I think the xeric tlatwood and xeric hammock are off the table, even for deviation. I don't see anything "TOng with that. I think that most of the board would probably agree with that. You already had conceded to jurisdictional, which takes us up through to wet prairie and dwarf cypress preserves and possibly into certain hydric tlatwood and hydric hammock preserves. Now, I think then the debate will then center around what the balance of the hydric tlatwood and hammocks are and the mesic tlatwood and hammock areas. And I'm looking for a solution. I know that the stakeholders had met prior to this meeting and tried to come up with this language. You were involved in that I understand. And I know some people in the room might have been. But it doesn't look like a compromise was reached. And we've got to pass something onto the Bee, and I think we're looking for a compromise. I don't disagree with your position, but I also don't disagree with the position of many who spoke to today, especially depending on the location. And that may be where the compromise can come in. Because we have an urban area that has a totally different regime from what it was 100 years ago to what it is when it's being developed today. And we have a rural area that is in many ways untouched. And I think there's a big difference in the two. Page 40 16 I 1 AS September 26, 2008 Do you have any thoughts on that? MS. RYAN: Well, I did want to point out that in staffs language they allow deviations for essentially any case. That is not spelled out or it's different than what's in the LDC. And the Conservancy definitely would support having some of those areas as absolutely off limits, because I think in some of these high and dry areas, especially where you have gopher tortoise habitat, those are areas where we do want to say under no circumstances. So we definitely would encourage that. I think one of the concem with staffs language was that it set out these parameters, and then at the end stated but if you don't qualify, then go ahead and go through a deviation process. So there really was no limiting factor, which was of concern. In the rural areas, you have the RLSA program that they actually incorporate the water retention areas oftentimes as part of their stonnwater treatment system. So I'm not sure how these -- this LDC would apply to the RLSA. It seems the RLSA has their own set of standards. So I see this really as applicable pretty much contained into the urban area, because the percentage of native vegetation to be set aside is tied to the urban area. You have ditTerent standards for the rural fringe and the rural lands. And the Estates is its own separate entity also. CHAIRMAN STRAIN: Well, iflocational criteria isn't something that helps in finding a resolution, what about the size ofthe acre -- or the preserves that are involved? I mean, some of them are so small because they're required by code to be there, they're not functional for anything but open space. I'm not sure dying on a sword over something like that is worthwhile. MS. RYAN: And I think it was something that Bruce brought up earlier that this really came to the forefront because you had a site that couldn't accommodate the development footprint, the stonnwater system and the preserve. And so that's what truly triggered this conversation. And you have LDC amendments that will be coming up today or next week that allows for off-site mitigation of preserve areas for those very small sites, for residential development where the preserve is one aere or less, and for a commercial industrial site where the preserve is two acres or less in size. So I think that that's going to capture some of those very small sites where everyone recognizes that perhaps the better functionality could be protected by mitigating that off-site. And in those cases, then that additional space could be used for stormwater, for footprint, those sorts of things. CHAIRMAN STRAIN: Before I forget, you just pointed out something. We do have at least two or three more hours we'll be meeting this afternoon. During that time we are going to only discuss environmental issues today. So those people that have been waiting for things such as the utilities in the Immokalee area and things like that, we're not going to have time to get those today. They will bc put ofT until at least the next meeting date, which is the 2nd, I think, of October. We have plenty to do in environmental today. I'm not sure we'll even finish that. So as a side note, if anybody's waiting for anything else, we won't be getting to that today. Well, Nicole, I understand your first bullet and I understand the issues you've just responded to, although I don't -- I'm not sure I see the need in the urban area to be as steadfast in some of these applications. The mesic tlatwood and mesic hammock are inundated on a regular basis, looks on average 30 days in a hydroperiod. If that language was inserted with allowance of a deviation beyond that, and similar to the hydric and flatwood hammocks, if those were regulated to -- the range is one to two months, so if we were to go to an average of 45 days for those two and anything beyond that a deviation, does that get us closer to having a fair treatment of the preserve areas? MS. RYAN: We would like to see in those instances that it go through the deviation process. Again, when you're talking about inundation, that is going to be in a natural condition. When you're talking about adding stornlwater, the stormwater's going to be added at times when that stonnwater system needs the overflow for that additional storage. So it's under a different circumstance when that stonnwater is going to be added. Now, if the applicant would like to demonstrate for their specific particular case through the deviation process that indeed there would not be an adverse impact, we would like to see it go through that process, especially for some of these developments that may not have that public involvement otherwise. And with requiring the deviation, the applicant is going to know up front that they need to go through the deviation process, so they can apply from day one. And we don't see this as something that's going to add a lot of extra time to the process. It's something that's going to provide clarity and specificity that the deviation needs to be done. So you start that process, you go through the public hearing. It isn't going to be something that is then negotiated 200 days into the application process and all of a sudden staff'says whoops, you need a deviation. You'd have that knowledge right on the front end. So we think that it could be beneficial because it does provide some specificity and the flexibility to, on the case-by-case Page 41 16' 1 W; September 26, 2008 basis, demonstrate why having the stormwater go into that preserve either will not adversely impact, or if it's decided that it's okay to go ahead and allow the stOIlTIwater even if there's going to be a transition, that that's known up front. CHAIRMAN STRAIN: But if the normal hydroperiods normally provide for a period of time for inundation and they show through modeling they're not exceeding that, why would they need a deviation for that? It's only when they would exceed the normal inundation that I think a deviation needs to be explained as to why they think the excess can be handled. If it's no more than nonnal, then we're not creating a situation that's any worse than what nature's already created. MS. RYAN: I think the concern again is that the storm water is going to be put into that preserve in a regime that is different than the natural regime. So we would like to see the deviation process so that that modeling could be brought forward and that there could be the public hearing process. Again, when you're talking about the natural system, that's through the rainwater, that's through the groundwater. But the stonnwater is going to be added in there during those times of perhaps storm events, higher water levels when the storrnwater system needs to pop over into the preserve areas. CHAIRMAN STRAIN: At times most likely the preserve areas would be satrrrated anyway. MS. RYAN: Correct. And this would add more water. And so the stacking of that additional water, what would be the impacts of that. CHAIRMAN STRAIN: But there would be no -- based on the study that's here, there would be no additional impact if it didn't exceed the time frames shown here. If it exceeded those time frames, then we could argue there could be greater impacts, and those are the time that deviations may be more warranted to explain any new science or modeling that's come forward. I'm trying to find a solution as a compromise. J don't believe that your application is 100 percent right in all cases, nor do I believe it should be a free-for-all. The concern J have is what we're using as a baseline standard. Collier County's urban area is no baseline standard from what nature was. We have -- it's been modified and changed for the last 60 or 70 years. So we're not looking at a virgin piece of ground. We're looking at sometbing that's had already damage done to it by its own baseline has being disrupted, so -- MS. RYAN: But oftentimes it still is natural and functioning. so -- and this would apply to not just the small tracts of land but there are many, many large tracts ofland still in the urban area that don't have their PUD's, don't have their site development plans, are going through redevelopment, perhaps. So this would apply to we think a very wide range of parcels, not just the two, three, four-acre parcels or preserves. CHAIRMAN STRAIN: Okay. I think we probably talked enough about that. We'll certainly -- through discussion and direction to staff before this is over we'll have something. Why don't we move to your next bullet. And you had just started to go into that before I interrupted you a long time ago. MS. RYAN: Well, again, that gets to the deviation process. And for the instances where it would not be going into the wetlands or if there was believed to be an adverse impact to the wetlands, for all of those circumstances we would like to see the deviation process applied for. Oftentimes in discussion with applicants they'll say we want to know what the rules are. They want flexibility, but they also want specificity and clarity as to how they need to apply for a process. And we believe that by placing this language, which is very black and white, but it lets applicants know that they are going to need to go through the deviation, go through the public hearing process, have you make the determination of whether it's in the best interest of the county to go ahead and allow the stormwater, if they've done sufficient demonstration so that environmental and engineering review believes that there won't be an adverse impact. We would like to see that heightened level of scrutiny in those cases. CHAIRMAN STRAIN: And I think everybody here is in agreement that there are cases where that deviation can apply and that the heightened level of scrutiny is warranted. We just have to get to the point of what that level is. So I think we're there with that. So your last bullet? MS. RYAN: The last bullet, we would like to see included, and it's been discussed a little bit, the clarification that while the Water Management District may in some cases not require the inch-and-a-half or 150 percent treatment, Collier County does. And also, Collier County, through the interim watershed management plan guidelines, states that that treatment needs to occur outside of the preserve. And again, that's something different than the District applies in some cases. So yes, those interim guidelines are interim, but they're going to be in place for some watersheds for many, many years until the watershed plan comes through. So we believe it's appropriate to have those included. You could perhaps put language that says the interim guidelines shall apply until the watershed management plan has been approved for each watershed. But we believe that it's important to have in there. CHAIRMAN STRAIN: And that point I think we're in agreement. I don't know -- I'm sure I am. I do agree the interim Page 42 SePte!b~r 16, 218 -As watershed management should apply. It does help force the final plan to get done. And the 150 percent treatment is one that's recognized right now and being used right now. There's no reason we sbouldn't continue to use it. So I don't have a problem as much with that. I think that's -- is there any other issues you have? MS. RYAN: Well, I just wanted to bring up, because you touched upon the issue, that really, finding additional places to shunt stormwater doesn't get to the hear! of the issue. And the Conservancy really believes that the county needs to be more proactive in planning for alternatives to some of the traditional stormwater management and treahnent systems. We'd like to see alternative design, green design, having swales between rows of parking instead of curbs, having grass parking areas, something that reduces the amount of storm water that's generated. We think that that could really cut down on the size of the stormwater system and may eliminate this issue of needing to use the preserves for that additional capacity for storage. And I believe that that will be done hopefully to a large extent in the watershed management planning. But we'd also encourage the county to take a look at putting some provisions in place that would be countywide. The watershed plans are going through on an incremental basis, but we could provide flexibility today. So we'd encourage the county to work on that. We really think being proactive is a much better solution than making bigger stormwater systems or finding additional places to store and treat stormwater. CHAIRMAN STRAIN: Thank you. Ms. Caron? COMMISSIONER CARON: When you began your presentation, you were quoting from something or someone. And the specific reference I want to get back to concerns the urban area. MS. RYAN: That was the Environmental Protection Agency's guide to best stormwater management practices. And in their manual they indicated that incorporating natural wetlands into the overall stormwater system, either for treatment or for storage has an adverse impact on those wetlands and their biota, especially in urban areas. And I can get you the manual and the introductory summary, because it did have some very interesting facts in there. And again, this was trom a manual about best stormwater management practices. And if we did a better job of managing the storrnwater, then we may not have to look so much at finding additional storage. So it all fits together, we believc. COMMISSIONER CARON: Absolutely. And most particularly, we cannot just slough off the urban area because tbings have changed. It affects the urban area to perhaps a greater extent. MS. RYAN: Yeah, urban area, the preserves are important for wildlife habitat, they're important for water recharge, they're important for clean water, the connectivity into the estuaries, and also aesthctically. We want to have nice green space open areas. COMMISSIONER CARON: I'm especially concerned with our estuaries, and that becomes critical all throughout coastal Collier County. And that becomes a major issue, whether you're up in the northern part of the county where I'm from, or you're down closer to where you work, Mr. Strain, down at Fiddler's. So there's a whole lot of area that is affected. CHAIRMAN STRAIN: Anybody else have any questions of Nicol eO (No response.) CHAIRMAN STRAIN: Okay, thank you. Mr. Hughes? MR. HUGHES: William Hughes, speaking as a citizen of Collier County. I'd like to reinforce what Nicole just said. Alternative designs. pervious as Chairman Strain also pointed out earlier. We need to look seriously in my opinion at these alternatives. Along with Ms. Caron, her comment is well taken as well. The main issue primarily would be water quality as it enters the estuaries. Thank you. CHAIRMAN STRAIN: Thank you. Are there any other members of the public wishing to speak? Okay. I'm trying to I remember your name. Jeremy, right? MR. STERK: Jeremy Sterk, Davidson Engineering. I kind of just want to reiterate what you eluded to, Mark, about the urban area. We seem to have -- over time we've lost sight of what these preserves were originally intended to be. They were intended to be open space, green space that evel}'body can enJoy. It's kind ofmorphed over the last five or six years into this idea that they're this snapshot of a perfect natural community that is going to remain that way and needs to remain that way. And this idea -- and the original intention was just for it to be there and not be pavement. And, you know, all these LDC amendments really relate to enforcing all these things on these preserves that in the urban Page 43 sePt!~r ~6, 2lo8 ~ area, you know the net effect is if an applicant can't utilize their property fully in the urban area, in the bigger picture down the road it's going to put pressure on stuff out east that's more pristine. And, you know -- just comment. And, you know, also reiterating some of the other consultants, you know, in my experience over the last 15 years I have yet to have monitored a site for the Water Management District, you know, long time, five, six, seven-year monitoring where inundation has ever been a problem. It always tends to be the opposite, where it's the wetland drying out or the upland getting drier and grapevine and Caesarweed and all those upland pioneers that move into the preserve and then need to be eradicated and stuff. So again -- and like Bruce Layman had said, I don't know of any examples. We've been putting stonnwater in preserves over the last two decades, and I don't know of any examples where it's been an issue. And I don't think you have any people, you know, red flags popping up saying we've got preserves dying all over town. And he had referenced the Collier Regiona] Park. I had done a little research on that when we were dealing with our New Hope and bringing the New Hope project through the process, and T believe the main reason there was issues in that preserve is because mechanical exotic removal was done and it crushed within the drip line of pine trees. And that was the stress that caused the die-ofTthere. Specifically in the code, on Page 203, the -- at the very top, the reference to ]0 days, I think that in effect is a prohibition on water management in the preserve ifthere's uplands. And, you know, my recommendation would be to use what Mike Duever's report recommended, which is the 30 days. I think his report has maybe gone way beyond what he ever intended it to be. You know, even I've got the report here, the title of the report is Southwest Florida Predevelopment Vegetation Map. I don't think he really was intending it to become the Bible on hydro]Ob'Y. But I think 30 days, like you had said, that's the best science that anybody has put forward at the moment. And 30 days is fair. And ifit goes beyond that, then we have monitoring in place to capture that and a remediation plan if necessary. That's it. CHAIRMAN STRAIN: Great. Thank you very much. MR. STERK: Thank you. CHAIRMAN STRAIN: Question of staff. And I've now heard a couple people comment on this. We've been apparently using preserves for stormwatcr to some degree. If it's been going that way all along, and I'm not sure we have that many people concerned over that. Why do we have this whole section being brought forward now anyway? I mean, if that's been allowed, what are we doing with this? Why are we changing what we already have? MR. LORENZ: My understanding is that there was allowed stonnwater to go into the wetland preserves. So when we talk about preserves, especially the South Florida Water Management District, those are wetland preserves. The difference here is now we're retaining native vegetation in truly upland types of communities, non-jurisdictional wetlands. And that's what we're looking at, standards to protect the county's upland preserves. CHAIRMAN STRAIN: But aren't you already allowing that? Because wasn't there an example or two where the upland preserves had already been allowed to have stonnwater put in them? 111e park being one and the -- whatever small site Bruce Layman has been talking about? Which is I think the Kraft site or something, if I'm not mistaken. But aren't we already doing it? Otherwise, why is everybody telling us about this that's it's been done already? How could something die out ifit wasn't already being attempted? MR. LORENZ: The stafTwas not intentionally allowing stonnwater to go into those upland preserves. Now, if that -- going into those preserves, ifthat was a mistake, then the stafT didn't catch the fact that the water is going into the upland preserves. CHA]RMAN STRAIN: So the one example of a mistake we have is a county park. And we didn't catch it in our own county park and that's the only time we didn't catch it? MR. LORENZ: No, I'm not speaking of the county park. CHAIRMAN STRAIN: Okay, well let's use the county park. If that's an upland area and there is concern that maybe the trees there have died iTom having too much water, my question is how did the water get there in the first place if we haven't supposedly allowed it? I mean, are we allowing it or not? MR. LENBERGER: I haven't reviewed the stonnwater for the county park. Bill might be able to talk a little bit about it. ] do know that that area was quite wet prior to development, speaking to Mac Hatcher regarding this, and a few other staff members, so that area -- CHAIRMAN STRAIN: Was it jurisdictional? Page 44 16 1 1 /<S September 26, 2008 MR. LENBERGER: I don't know. I-- CHAIRMAN STRAIN: Could you fmd out by the next meeting? MR. LENBERGER: I didn't do the permitting of it, but I do know that it had a lot of water to begin with. I did go out there and look at it. I took pictures. I brought it back to the stakeholders and I showed them some of the pictures of there. And areas that I would have expected to see a lot of drier type habitat -- vegetation adapted to drier environments. I saw hemp vine between saw palmetto areas. I wouldn't expect to see that on an area dominated by saw palmetto. This area is very wet and very soggy. I looked at the map for the park. Actually, I do have a small site plan of it, l'II put it on the visualizer, if you'd like. I believe have it here. Let me sec. The area I looked at, there's extensive die-off -- here is the entrance right here. There's extensive die-off in this area. CHAIRMAN STRAIN: Could you blow the preserve area up where you first showed the extensive die-off. See those cross lines going underneath the roadway? MR. LENBERGER: Let me center this first. okay. CHAIRMAN STRAIN: Okay. Those look like drain lines. MR. LEN BERGER: Hang on. Is that a little better? CHAIRMAN STRAIN: Well, you're getting gooder. MR. LENBERGER: I can blow it up larger, just move it over. CHAIRMAN STRAIN: There you go. Well, that is -- it's a flowway. So is there any drain running from the property into that flowway? MR. LENBERGER: I don't know the water management. I do know that this is where the extensive die-off was. CHAIRMAN STRAIN: Right. MR. LEN BERGER: And this area here is -- was indicated as flowway. That's an extensive area of saw palmetto. But there was all hemp vine between it. It was very wet, very soggy. And this area is where all the pines are dying. Nicole has given me a map here. I guess it was indicated as upland preserve on a FLUCCS map for the county park. This was just given to me so I haven't looked at it. I don't know how this is in relation to-- CHAIRMAN STRAIN: Well, that's okay. I'm trying to see if you have any outfalls going into that preserve area to show that that preserve area was used as water management. MR. LEN BERGER: Well, it's indicated as a flowway here. CHAIRMAN STRAIN: Right, I'm talking about the other area-- MR. LENBERGER: This one here? CHAIRMAN STRAIN: Right. MR. LEN BERGER: I can try to zoom in a little more, if you'd like. Like I said, I haven't looked at the stormwater. Bill might be able to comment. I don't know ifhe's had a chance to look at this. CHAIRMAN STRAIN: Does that lake have a bank on the south side or does it spill over at natural grade into that preserve? Because the control of that lake, then, would control the preserve. MR. LEN BERGER: [honestly don't know. I'm sorry. CHAIRMAN STRAIN: Well, the only reason I'm bringing all this up is it seems like the example made -- oh, this is the lady that actually designed that. Come on up here. Maybe YOll can help us. MS. KITCHENER: I didn't design it, but I did -- CHAIRMAN STRAIN: Could you state your name for the record again, please. MS. KITCHENER: Marielle Kitchener, Turrell, Hall and Associates. I actually flagged that wetland, so -- the wetland line, jurisdictional line. And that is a very, very, very mesic upland to begin with. CHAIRMAN STRAIN: So it isn't a wetland. You said you flagged that wetland. You mean it's not -- MS. KITCHENER: Well, I flagged really the upland line, because that site was primarily wetland. There are areas that were solid palmetto and there was a lot of reticulating palmetto. But in between the palmetto, and you might only have three or four feet in between the palmetto, you'd be in ankle deep water in the wetland -- in the wet season. CHAIRMAN STRAIN: Okay. But this area that's shown crosshatched both ways below the lake on the plan that's on the overhead right now, that area is uplands? MS. KITCHENER: It had some scattered uplands in it. It was primarily wetland. Lot ofMelaleuca, pine, cypress. scattered palmetto. CHAIRMAN STRAIN: That helps us with the understanding, thank you. MS. KITCHENER: You're welcome. CHAIRMAN STRAIN: Go ahead, Mr. Vigliotti. Page 45 16 I 1 As September 26, 2t08 COMMISSIONER VIGLIOTTI: It's a question of staff. I'm really finding it hard to understand why we need this change. And all these changes are starting to get confusing and convoluted. And I'm concerned that the change and what we do might be worse than what we have. Can you help me with that? MR. LORENZ: Previously the staff had the understanding of the policy that the wetlands, if it's ajurisdictional wetland, part of the South Florida Water Management District, that the stormwater was part of that environmental resource permit from the South Florida Water Management District. So the stormwater was allowed in the wetland preserves, treated stormwater, subject to the South Florida Water Management District. The problem came as we started coming into preserves that were no longer the wetland preserve, the preserve :ITom the South Florida Water Management District, as to what criteria do we apply, do we even allow stormwater in those preserves in the first place, since the Land Development Code had specified that the allowable uses within the preserves were simply the recreational uses. So that became a point of misunderstanding as to what we should apply about three or four years ago. And so we put in the Growth Management Plan in the EAR-based amendments the provision to evaluate what would be the appropriate criteria to allow stormwater in preserves. And so that's why we're trying to work through the process of discriminating or differentiating between the stormwater that was allowed to go into wetland preserves through the South Florida Water Management District permitting process and then those non-wetland preserves. And that's the criteria we're trying to develop through this Land Development Code amendment. CHAIRMAN STRAIN: Okay. Anybody else have any questions at this point? Because I think we probably need to summarize direction to staff to finish this one out. And basically, I'll try to bring the issues up, and certainly if you all agree or disagree, speak out. In regards to putting the stonnwaters in jurisdictional preserves -- jurisdictional wetlands, I don't think there's any debate about that. That seems to be accepted. In the issue regarding the xeric uplands, I think that from this commission's perspective, again, I didn't hear vocalization when we talked about not allowing the xeric upland plant communities to be receivers of storrnwater and not allowing a deviation for that to happen. When it gets to the hydric areas, we heard that that's a mixed signal as to whether it's jurisdictional. It could be and it could not be. And the mesic is more of a pure uplands, although it's inundated for a longer period of time than a xeric. So I think what we might want to do is look at a maximum acreage of each preserve habitat for hydric and mesic that would be accepted based on -- without a deviation. And when we break a threshold that seems practical for retention of native vegetation that meets some acreage threshold, that's when the deviation would kick in. That'sjust a suggestion to get us offdead center. And maybe it's the size of the community that we're trying to save that becomes the viable or valuable asset that we want to try to look at then. So I'm suggesting we proceed under that regard. And I also would suggest that those areas that are underneath the acreage threshold, we apply the hydroperiod for mesic to be 30 days and the hydroperiod for hydric to be 45 days. That's only for those smaller areas that fall under our acreage threshold that you would still come up with in your revisions to us. Anything above that threshold, regardless of the hydroperiod, still goes up for deviation and discussion. I don't know what that acreage threshold is, but I suggest you've got some stakeholders out there who are deeply involved in this. I highly recommend that before it comes back that you meet with them and discuss with them that issue. Ms. Caron? COMMISSIONER CARON: Yeah, I would just suggest -- I'm fine with your suggestion of trying to come up with an acreage threshold. I would just be slightly more cautious on my number of days and not go right to the max, which is 30 days or 45 days, but allow yourself some cushion. Now, staff went from 10, when it could have been 30, so maybe you want to compromise and say 20. But I think it behooves us to leave some sort of cushion in there. CHAIRMAN STRAIN: And I agree with you, as long as we can find out, and if you have to put a phone call into the guy that did these. As long as these aren't averages. If they're averages, then we already got the cushion. COMMISSIONER CARON: Exactly. CHAIRMAN STRAIN: But ifthey're not averages then I agree with Ms. Caron, they need to be adjusted appropriately to get to that point. But we heard testimony today that -- I shouldn't say testimony, we heard comment it was averages, so-- COMMISSIONER CARON: Mr. Hancock seemed to indicate that it was an average from his conversation. But I don't know, we didn't have that conversation, so -- Page 46 16 I 1 ~ September 26, 2008 CHAIRMAN STRAIN: We can follow it up. I think that's what this research is about. Anybody else have any comments on this section of the LDC? (No response.) CHAIRMAN STRAIN: Staff, I think you've had a lot of input on it. Are you comfortable enough to move forward to bring something -- at some point you're going to have to decide how to bring this back to us. I suggest that we get to the uses in preserves. That'll be -- well, that's the last one. But we've got a lot of issues to get to before you might waut to finalize this one, so -- okay. With that we will move on. The next one on the agenda is the 3.06.04, groundwater protection. And that starts on Page 205. And that one, rather than -- it's short, there's only one paragraph or two that's written over. Does anybody have any questions "fSteve on Pages 205, 206 or 2077 COMMISSIONER KOLFLA T: What was the contusion'> CHAIRMAN STRAIN: I'm sony? COMMISSIONER KOLFLA T: It says the reason is to prevent confusion. I want to know what was the example of the confusion. CHAIRMAN STRAIN: That's under your reason on Page 205, Steve. Would you explain the language on your reason. MR. LEN BERGER: There was confusion -- I'm looking at the zoning maps, whether the special treatment regulations which apply to ST areas and arca of critical state concern ST areas apply to wellfields as well. And the wellfields are also indicated as a special treatment area on the zoning maps. So we wanted to clarifY that those special treatment areas, the well field special treatment areas are regulated under a different section of the code. That's what we're clarifying. CHAIRMAN STRAIN: That issue actually came up !Tom this board at one of our meetings. MR. LEN BERGER: Oh, did it? CHAIRMAN STRAIN: Yeah. Okay, any other questions or comments? (No response.) CHAIRMAN STRAIN: If there's none, then is there a motion to recommend approval for LDC Sections 3.06.04 and 4.02.14'1 COMMISSIONER CARON: So moved. CHAIRMAN STRAIN: Motion to? COMMISSIONER CARON: Approve. CHAIRMAN STRAIN: Recommend approval. Seconded by Commissioner Schiller. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER KOI ,FLAT: Aye. CHAIRMAN STRAIN: Aye. All opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5-0. By the way, motion maker and motion second, you're acknowledging also the confirmation with the GMP? COMMISSIONER SCHIFFER: Yes. COMMISSIONER CARON: Correct, yes. Thank you. We should know to say that. CHAIRMAN STRAIN: I know, I forgot. I'm losing my lead. It's coming out the middle here. How do I keep -- these mechanical pencils. Okay, we're on to 4.08.07, SRA designation, Page 209. It's a one-pager. Actually, just a correction to a reference to a subsection. Anybody have any questions on that section? Ms. Caron? COMMISSIONER CARON: I didn't have a correction, but I thought it was only good form that you spell out Stewardship Receiving Area designation right in the beginning, instead ofSRA designation. It should be 4.08.07, Stewardship Receiving Area parens SRA designation. It's only good form to spell it out to begin Page 47 16 lIAS September 26, 2008 with, and then you can use your abbreviation all throughout the rest of it. But people ought to know what you're talking about to begin with. CHAIRMAN STRAIN: We did add an acronym list to the LDC. COMMISSIONER CARON: I understand. But I think in the beginning of every section it ought to be spelled out at least oncc. CHAIRMAN STRAIN: Is there a motion to recommend approval with finding it consistent with the GMP for 4.08.07? COMMISSIONER KOLFLA T: So moved. CHAIRMAN STRAIN: Mr. Kolflat made tbe motion, seconded by Mr. Schiffer. Discussion? All in favor, signity by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? MS. F ABACHER: Does that include Ms. Caron's remark about the section head? CHAIRMAN STRAIN: Yeah. I wasn't going to repeat all the remarks-- MS. FABACHER: Okay, all right. I'm just getting clarification-- CHAIRMAN STRAIN: Yeah. Unless somebody objects during the discussion of the remark, I would assrune it stays in. MS. F ABACHER: Okay. I just want to make sure we know what you want. Thank you. COMMISSIONER CARON: And that may even come about when they redo the LDC, you know, Mark White may handle that. But I just thought it-- CHAIRMAN STRAIN: Okay. The next item, 8.06.03, the EAC powers and duties, on Page 211. Okay, and there's two changes. They occur on Page 214 and 215. Are there any questions on Page 214? (No response.) CHAIRMAN STRAIN: Steve, just out of curiosity, is the issue on Page 214 in reference to the submittal requirements for penn its that -- or is this independent of that? MR. LENBERGER: It's in relation to the EIS amendment. CHAIRMAN STRAIN: Because we're modi tying the EIS amendment. MR. LENBERGER: Right. And this is in relation -- goes hand-in-hand as far as waivers from the EAC hearing with the EIS waiver -- the EIS requirement. So they're kind of tied together. So we modified this as well. CHAIRMAN STRAIN: Okay. But if we -- say the EIS requirement, 10.02.06, does not get approved or comes back with substantial changes, will it have any impact on this language? Because if it does, we may be putting the cart before the horse. MR. LENBERGER: That shouldn't have any changes on it, shouldn't affect it in any way. This is just identitying a process by which you request a waiver of the EAC hearing. CHAIRMAN STRAIN: Okay. Any questions? Mr. Kolflat, then Ms. Caron. COMMISSIONER KOLFLAT: Yes, on Page 215, why is this statement, members are expected to be available to attend aJ[ regularly scheduled EAC meetings necessary? CHAIRMAN STRAIN: I made the same note. We already have an ordinance that's supposed to deal with membership attendance, and if you miss too many meetings without an excuse you are kicked off the committee, basically. So why do we have all this here'> Does anybody know? MS. MASON: Yes, I do. Again, for the record, Susan Mason with Engineering and Environmental Services Department. We had an applicant that had applied and said they would be available. they wanted to -- they were only -- they only lived here five months out of the year, they wanted to call in for summer meetings and/or not participate at all in the summer. And it was simply to clarity so we didn't -- that person didn't meet the threshold of an application that would go to the board, and then the EAC might have a problem with quorum and the like. CHAIRMAN STRAIN: Well, I've got a question. First of all, ifsomeone calls in. are they allowed to vote? MS. MASON: We haven't allowed people to call in for EAC meetings that I know of. CHAIRMAN STRAIN: Let's just go back to the question. Ifpeople call in to a mecting are they allowed to vote? Page 48 sePtelb~ 2~, 20!s kS MS. ASHTON: For the record, Heidi Ashton, Assistant County Attorney. There is a mechanism where members can participate by telephone. You have to have a quorum afthe people already at the meeting. And then those members make a detennination that there's extraordinary measures that would warrant participation by telephone. CHAIRMAN STRAIN: Okay. Those peoplc calling in by phone allowed to vote? MS. ASHTON: Yes. CHAIRMAN STRAIN: Okay, so someone could vote by phone. Do they have to have -- could that person on the phone make the quorwn? MS. ASHTON: No. CHAIRMAN STRAIN: Okay. Then I'd -- Mr. Kolflat's point, though, is weIl made. If this is written into the EAC standards, wouldn't you want the same thing to apply to all boards in the county? We would have the same concern then, wouldn't you? And if that's the case, why aren't we changing the ordinance that lays out the attendance requirements, rather than changing a single committee in the LDe? Do we know? No one knows why this got-- MS. ASHTON: My recommendation would be to omit that language and have it governed by the advisory board ordinances. CHAIRMAN STRAIN: Okay. And I would recommend if this is a problem that the advisory board ordinance is what gets fixed because you want to fix it for all, not just for one. Good point, Mr. KoIflat. Anybody else? (No response.) CHAIRMAN STRAIN: So I think the recommendation is to strike that added language on Page 215 and we go back to Page 214. Ms. Caron? COMMISSIONER CARON: Yes, Ijust had a question on 214, C. What you're talking about here are ways that you can request a waiver to an ElS, right -- or I'm sorry, to an EAC hearing? MR. LENBERGER: That's correct. COMMISSIONER CARON: So would you just explain to me C? Undcr what circumstances does staff administratively approve ST zoning? MR. LENBERGER: There are different criteria. There's a bunch ofthcm. I can get the code and read them to you. But when it most often comes up are single-family residences on Keewadin Island. If they're below the 15 percent site alteration criteria then they would get administrative approval of the ST permit to build their home. That's for single-family. COMMISSIONER CARON: But there's a list-- MR. LEN BERGER: Yes, it's in the code. 1-- get that-- COMMISSIONER CARON: Yeah, thank you. Okay. CHAIRMAN STRAIN: On number D, where it says an EIS with approved preserves which are consistent with the conservation and CCME element. Is that at the time the EIS was originally written? Meaning if someone comes back in do they have to redo their EIS in order to meet the criteria of 0, or is that a one-time event? MR. LEN BERGER: I'd have to go through the EAC --] mean the EIS ordinance. That would be addressed in there, it's not here. CHAIRMAN STRAIN: Okay. Anybody else have any questions" (No response.) CHAIRMAN STRAIN: I think staffs got the clarification. Is there any public speakers? Mr. Hugues? MR. HUGHES: WiIliam Hughes, Chairman ofthe EAC. None of this changes our ability to call for review of anything that we feel is necessary? CHAIRMAN STRAIN: I don't know what your abilities are. I guess the county attorney would have to answer that. I'm not sure what your enabling act provides tor you all -- MR. HUGHES: Apparently the enabling act allows us. if we see any action before this board or the Board of Commissioners that we deem necessary for review for public exposure, is within our right to request that. CHAIRMAN STRAIN: I don't recall that. Because the way that I remember it, the chairman of the planning commission or the chairman of the BCe can remand stuff back to you. But if you had the right to call it back yourself, I'm not sure there's a need to have that specific language -- Page 49 septemlJ>2J, 20~ As MR. HUGHES: I think that's the way I understand it. Could we have a clarification on that? MR. LORENZ: Mr. Chainnan" CHAIRMAN STRAIN: Yes, sir. MR. LORENZ: If you look at, I believe the paragraph -- the top paragraph that we haven't made any changes to. Bill, help me -- this is the language I think you're referring to? CHAIRMAN STRAIN: Yeah, that's the-- MR. LORENZ: The EAC shall also review any petition which requires approval of Collier County Planning Commission or Board of County Commissioners where staff receives a request from the Chairman of the EAC, cepe or Bee for that petition to be reviewed by the EAC. So it does extend to simply the chair of the EAC as well. CHAIRMAN STRAIN: Right. So you -- I think you're the chair of that board? MR. HUGHES: That is correct. CHAIRMAN STRAIN: Yeah, you could request it. But the board as a whole, I don't know -- I mean, you could seek a recommendation like I do with this -- MR. HUGHES: Bill is correct in the way the verbiage is. CHAIRMAN STRAIN: That hasn't been changed. MR. HUGHES: All right. good. Thank you. CHAIRMAN STRAIN: Okay, anybody have any questions? Mr. Hancock? MR. HANCOCK: Mr. Chainnan, Tim Hancock with Davidson Engineering. Ifl could draw your attention to Page 214, please, Item D. 1 just simply raise this issue. You may recall the conversation we had where if your preserve may meet Land Development Code requirements, sometimes we would get a comment that we don't meet the GMP. It seems to me that under Item D it opens that door where it states an EIS with approved preserves which arc consistent with the conservation and coastal management clement of the Growth Management Plan. Shouldn't it actually say meets the requirements of Land Development Code Section such and such, which is the implementing fonn of the Growth Management Plan" CHAIRMAN STRAIN: Good point. Steve? I mean, we don't want -- the interpreting language of the GMP is supposed to be the Land Development Code. And the last thing we would need is independent review and interpretation ofthe GMP. So shouldn't it be LDC" MR. LORENZ: That's correct. There may also be -- when we get to the EIS section, you may want to keep this as an out. The EIS section does talk about consistency with the GMP as well. So you may want to look at the language in the EIS section to ensure it has that tieback in the Land Development Code as the implementing LOR. But I understand. CHAIRMAN STRAIN: Thank you, Tim. COMMISSIONER CARON: But you're okay with this change here. MR. LORENZ: Yes. CHAIRMAN STRAIN: Okay, so we've got two changes. Basically we're going to -- Item D would be changed to LDC -- oh, Bruce, you silently snuck up there. I didn't see you. Go ahead. MR. ANDERSON: Bruce Anderson. I'd like to, in paragraph one, number one, where it says you may request a waiver. If you 're going to request it and you meet one of those criteria, we ought to say in there, and the waiver shall be granted. Because anybody can request anything. CHAIRMAN STRAIN: Any comment? Mr. Schiffer" COMMISSIONER SCHIFFER: Should the word be any petitioner may receive a waiver, instead ofrequest? MR. ANDERSON: Well, or shall receive a waiver. I had written it -- and I have no pride of authorship -- after where it says requirement, then I would have inserted, and the waiver shall be granted. CHAIRMAN STRAIN: Well, Brad's kind of right, though, it's simpler to say any petitioner shall receive a waiver to the EAC hearing requirement when onc of the following conditions are met. Then you've got your conditions and it takes the ambiguity out of it. MR. ANDERSON: That's perfect. I must have misunderstood him. Yeah, that accomplishes-- CHAIRMAN STRAIN: Okay" MR. ANDERSON: Yes. What's the thinking behind the removal of number four? Page 50 sePte!~ 2~, 20!8 .f\S CHAIRMAN STRAIN: Number four, wbat page are you on? MR. ANDERSON: One. In paragraph one they have the sub sentences. It's sentence four -- CHAIRMAN STRAIN: Oh, okay. MR. ANDERSON: -- in that same paragraph I was reading from. MR. LENBERGER: I could answer that. It's incorporated in D and E. We don't want to just have it's five years old, you have to do an EIS type thing. So we included D and E actually addresses those concerns. CHAIRMAN STRAIN: Wouldn't D and E then mean that there's no limitation? Once it's approved. it's considered approved. And so actually by putting it back in you would be making it more difficult rather than less. Is that the reading? MR. ANDERSON: No, no. I tell you, I smiled over there at Susan, because I've just been going through this on another project where they did have an approved EIS. And at the time it was approved and went before the EAC, it did meet the preserve requirements of the compo plan that was then in effect. But now they arc being required to rewrite a new -- reWTite the EIS, supplement it at least, and demonstrate now that they meet the current criteria. And I want to try to avoid that in the future for others. MS. MASON: Excuse me, if I can, that is why we want to take out the five-year requirement. Because that EIS is over five years since it was approved and reviewed. I believe it was around eight years old when that one was done. And so they did have to come in. Because ofthe way it was worded, it had to have an EIS update and go through the review and EAC hearing since it's significantly changed. I'm not 100 percent certain that that project in particular would not still have to update the EIS because of the nature of tbe changes they made. However, at least the five-year rule would not ever apply. We've had a lot of situations where they go -- they have to go through the process of updating an EIS for something that really turns out to be exactly what got approved bef()re. And it's a lot of expense for the applicant and staff, and there's not any real change. CHAIRMAN STRAIN: On D then, maybe to clean it up we could say something to the effect, an EIS with approved preserves which are consistent with the LDC at the time the EIS was submitted. I mean, if they're submitted and got approved under standards at the time, how can we make them come back and have -- MS. MASON: If the Growth Management Plan had changed and it was no longer consistent. I think the LDC, I don't even know what some of the standards might have been in 1991, say if it was a really old LOC. I would have to take some time to look to see if what that would allow to remain approved. There could be things out thcre that might be not considered-- CHAIRMAN STRAIN: Well, I think Bruce has got a good point. Is this that Youth Haven project, for example, or is that another one? MR. ANDERSON: Doug's handling that one. CHAIRMAN STRAIN: The reason -- he's got a good point. If a project was approved today, just because we change our rules and they come in and need a modification 10 years from now, the entire site shouldn't have to be reevaluated and reapplied under new standards. And that's what's been happening. Because you've got sites like Youth Haven who don't have the -- without losing all the remaining land that they could build on. Ifthey're reassessed under new standards, it's a whole new ball game. We're discouraging people from making improvements. MR. LORENZ: If] may. CHAIRMAN STRAIN: Sure, go ahead. Bill. MR. LORENZ: There's a couple things here. And there's one open question I may ask the county attorney's office to weigh in on, and that is the consistency with the Growth Management Plan. Our understanding is the application -- is that at some particular point in that, let's call it development cycle from zoning to an ultimately building pennit, that there needs to be consistency with the Gro'Wth Management Plan. And so the one thing we need to reconcile here is to ensure that we do have consistency with the Growth Management Plan even though it is being implement through the LDC. So that's one question that I would have. Secondly, sometimes the PUO's will talk about that it needs to be consistent or brought -- be consistent with either the current Growth Management Plan or the Land Development Code, you know, as it may be amended in the future. So we just have to make sure that as we work through this language we don't either usurp those provisions or have a conflict with those provisions. Again, I want to kind of get back to the county attorney's office and just talk about when do we need to be consistent with the GMP. Page 51 161jk September 26, 2008 MS. ASHTON: Well, all projects are required to be consistent with the Growth Management Plan, you know, ITom start to finish. The question would be -- and you've also mentioned the Land Development Code as well. I think the question would be whether somebody has a vested right if they've started to proceed forward with their project and then there was a change to the law. Sometimes the PUD also gives them some kind of right, because it ties it into the Land Development Code that existed at the time that they adopted the PUD with some of the older PUD's. So have I answered your question? CHAIRMAN STRAIN: I don't know. MR. LORENZ: My point is it's somehow complicated to figure out what particular standard do we need to hold it to, since there's some of these other factors that are going on? That's my dilemma in terms of drafting this language. MS. ASHTON: I don't think it's necessary to put language that it has to be consistent with the Growth Management Plan, because that's a requirement that exists whether it's in there or not. CHAIRMAN STRAIN: Well, I think the problem I've got now, especially after Bruce pointed it out, is if a project comes in, and say in 1985 it was approved to be built and the preserve standards were 10 percent at the time and they built out and create the project at the 10 percent and everything is fine. They come in today. They bought a little piece ofland next door that's a couple acres. But the new requirement for preserve for them to add that piece to their property means they've got to have 15 percent, and now it's 15 percent ofthe whole. And the prior EIS is taken off the books and they're now stuck with all the land they bought to expand is going to have to be used up to provide for this new 15 percent criteria that wasn't even in effect when they conceived their project 20 years ago. That's a real case concern, and I'd like to know how this addresses that. MS. MASON: I don't think this was intended to address that. That's another section of the LDC amendments that you'll be looking at. This is intended to address things -- say a conceptual site plan or for a PlJD that was approved showed a preserve in an upland and then now ReW's or somebody moves in or a bunch of gopher tortoises that weren't there when it was first evaluated have moved into that area. The ranking of both the LDC currently and the Growth Management Plan require that that area becomes the highest ranking preserve on the site and we couldn't accept something that was already in there just because it was approved on a conceptual site plan. And that can work kind of both ways for applicants. If they show a great location on a conceptual site plan that we can accept, but circumstances change and they want to relocate the preserve, as long as it's consistent with the rules at the time they come in for SDP the preserve may end up somewhere else. So it's a flexibility that can -- it keeps you consistent with the LDC but it also can sometimes benefit the developer as well -- in a previously identified preserve location. And I think what this section was intending to clarity was only have the EAC hearing when there's real environmental issues to be discussed and not have it be just an arbitrary five-year deadline if things haven't changed that warrant a hearing. CHAIRMAN STRAIN: Bruce, do you have any suggestions as to -- I'm concerned, since you pointed that out. And I know that this section is only to deal with what is heard by the EAC, but if the releases ITom going before the EAC aren't written right here, it's not going to help whatever else is in the code. So-- MR. ANDERSON: Correct. CHAIRMAN STRAIN: -- I'm real -- and I understand your concern about the EIS, I know that's a real issue and it's happening now. So any suggestions? MR. ANDERSON: Well, I think this needs to be reviewed and tweaked perhaps in connection with the EIS standards that are proposed to be amended, because they're all part of the package. CHAIRMAN STRAIN: I don't have a solution for it sitting here today. MR. ANDERSON: I don't either. CHAIRMAN STRA IN: And maybe if staff gets some ideas when we get to the next item, which is the EIS package, you can come back and figure out how this one should be fixed. We have provided you with some suggestions that I'm sure you've made notes on. MR. ANDERSON: Thank you. CHAIRMAN STRAIN: Thank you. Any other public speakers on this matter? Go ahead, Mr. Hughes. Page 52 16 1 1M September 26, 2008 MR. HUGHES: William Hughes, Chairman of the EAC. The EAC is a quasi-judicial advisory council here in Collier emility. 1 have no problem with waivers on some of these issues. However, as long as we maintain the right that if something has changed and that we deem necessary to bring to the public, that that right still exists. I understand the business aspects of costs, timeliness. However, they're still, because of a system of checks and balances, of discovery of information, to supply this board and the Board of County Commissioners information pertinent to the environmental resources of that site, that opportunity should still be there. Thank you. CHAIRMAN STRAIN: Thank you. Ms. Ashton, do you know what are the criteria that need -- say a project was coming through, the EAC wanted to review it but it didn't need to go to them for review. What criteria are in place that would provide then the opportunity to ask to review it? MS. ASHTON: You referred to that section earlier. which is on your Page 214. It's the end of the last paragraph. And it says, the EAC shall review any petition which requires approval of the Collier County Planning Commission or the board of -- CHAIRMAN STRAIN: Right, we've all read it. We've all read it. But what's the criteria" It says the chairman can request it, based on what? MS. ASHTON: Well, I don't think there is any criteria, expect there is supposed to be a relationship with environmental issues. J think if you can't make that connection to the environmental, then I think the Board of County Commissioners has given direction that they don't want boards to handle issues that are outside their area of expertise. CHAIRMAN STRAIN: Okay. I just wanted to make sure to follow with Mr. Hughes' reasoning that there is criteria there, they still can ask for it if they can link it to an environmental purpose. And it still can be done -- would that be regardless then of what A through E, whatever language has evolved through A through E? So that if there was a waiver that was granted, he's -- I think what he's trying to say is if this section requires a waiver, they still want the right to pull it back in. I'm not sure that -- MS. ASHTON: I think that still exists, and I don't think this section changes it. CHAIRMAN STRAIN: Okay. Well, then I think you've got some changes already. We need to clarity this Item D, but we'll probably do that through the next discussion. Okay, we'll move on to Item 10.02.06, submittal requirements for permits. It's on page 237. COMMISSIONER CARON: Did you need us to take a vote on CHAIRMAN STRAIN: No, I think we've got to-- COMMISSIONER CARON: -- just want to wait until -- CHAIRMAN STRAIN: -- we're going to wait until we get done with EIS issues. And that's starting on -- no, the EIS issues aren't the next once. I don't know when they come up. Submittal requirements for pennits. Yeah, the EIS issues aren't going to be corning up for -- probably later on. Where are those issues, Bill? Do you know what page they're on? MS. FABACHER: That's 10.02.02, Page 219. MR. LORENZ: 219. COMMISSIONER CARON: 219. And it's-- CHAIRMAN STRAIN: It's not coming up till next -- okay. MR. LENBERGER: Page217. CHAIRMAN STRAIN: So we'll just keep going in order. It's not the next one. The next one is vehicles on the beach, on Page 237. Start on Page 238. 237 is the intra. Do you have any unique introduction, Steve, or do you just want us to ask questions? MR. LEN BERGER: Ask 'em. CHAIRMAN STRAIN: Okay. Sometimes if stalfwants to say something in a presentation, just let me know. Otherwise, I'll just keep moving forward. Any questions from the commission on Page 238? (No response.) CHAIRMAN STRAIN: Well, I've got a few. Let's start with A, I.A. To operate or cause to operate a hand, animal or engine driven wheel, track or other vehicle. Okay, Sunday mornings, if you go out by Clam Pass, there's a guy in a kayak. He sometimes puts it on a little blown-up dolly that -- where the tires fit inside the hull and they come out and they assemble and they set on the back and you can walk Page 53 16IlA-' September 26, 2008 down the beach with it. You need to go get him. He's got a beard like mine, he's got a pony taillike mine. So now are you telling me I can't run my kayak on the -- T can't walk down the beach in my kayak? You're hitting close to home here. Because the way I read it, it's a little bit of a worry. COMMISSIONER KOLFLA T: I move we adopt it. (Laughter. ) CHAIRMAN STRAIN: Thanks, Tor. I'll tell you, always in my comer over there. COMMISSIONER SCHIFFER: Mark, do you consider yourselfthe animal driven or the hand driven? CHAIRMAN STRAIN: Yeah. But honestly, would you catch situations like mine" Because there are these little -- they hold three pounds of air and they're little grey blow-up balloon tires that you roll across the sand when you're trying to portage from one spot to another. And I don't want to see that be a problem, but the way it's written I'm concerned it might be. COMMISSIONER SCHIFFER: But Mark, I don't ever see you driving it across the dune or running it through the vegetation. CHAIRMAN STRAIN: Actually, I hand carry it. r have to roll it across the dune, yeah. COMMISSIONER SCHIFFER: You actually do" CHAIRMAN STRAIN: I go from one side oftbe Clam Pass over the dune out to the water. COMMISSIONER SCHIFFER: Okay, then you're under arrest. COMMISSIONER CARON: Then you're under arrest. CHAIRMAN STRAIN: I know. I don't want to be. Do it in between BCC-CCPC meetings, will you. COMMISSIONER CARON: I just want to say that none of that is underlined. So it's going to say you're under arrest. MR. LORENZ: Yes, that's not environmental review, that's code enforcement. CHAIRMAN STRAIN: Well, boy, they're going to have a field day. MR. LORENZ: This is old -- obviously this is just-- COMMISSIONER CARON: Yeah, it's old language. CHAIRMAN STRAIN: I know, I don't read all these sections until they're in front of us, so -- and it says -- the section you did add, can our laws apply to anywhere besides Collier County, Florida? Do we really need to say Collier County, Florida? I mean, is that necessary" MR. LORENZ: I don't think it is. Although. I believe there is some example I have where somebody wanted to make sure we put in within Collier County, Florida. So I don't have a problem with it being out, because we can only regulate in the jurisdiction we're authorized to regulate m. CHAIRMAN STRAIN: This is all that verbiage that new code writer keeps saying is -- we don't need to have in here, it seems like. MR. LENBERGER: If we're going to remove it, then I should go through and -- I think it's in other places in here too. would have to check and remove it from those portions as well. CHAIRMAN STRAIN: Well, I think wherever it comes up and it's been added, you don't need to re-add it. Go ahead, Ms. Caron. COMMISSIONER CARON: Well, it's sort of interesting, because obviously here in this first paragraph it was originally crossed out and now it's been added in. So somebody must have had some reason. Do we have any clue? CHAIRMAN STRAIN: I mean, you crossed it out and you put it back in. COMMISSIONER CARON: Right, and then it got put back in. CHAIRMAN STRAIN: Mr. Kolf1at? COMMISSIONER KOLFLA T: That was my question, why they put it back in, if there was something I was missing here. MR. LENBERGER: I was keeping it in the context of the code, because this section mentions it the same way all the way through. I could go through and delete all that. That's not a problem. I was just keeping it in the same context, that's alii was doing. CHAIRMAN STRAIN: If you deleted it once, it won't hurt to delete it again. MR. LIONBERGER: Yeah, I have to go through the whole thing and delete where it says that. But that's not a problem, I can do that. CHAIRMAN STRAIN: Okay, any -- we're still on Page 238. COMMISSIONER VIGLIOTTI: Page 239-- Page 54 SePtemb~r ?6, '200) A-b CHAIRMAN STRAIN: 238. COMMISSIONER VIGLIOTTI: Okay. Well, 239.C exempts you: Baby buggies or toy vehicles. You could fall under the toy vehicle with your kayak. CHAIRMAN STRAIN: I actually circled that. I had a question on that one-- COMMISSIONER VIGLIOTTI: There you go. COMMISSIONER SCHIFFER: I have a 38 question. CHAIRMAN STRAIN: 238? COMMISSIONER SCHIFFER: Yeah. Other than construction vehicles, it appears these permits never expire; is that right" MR. LENBERGER: That's correct. COMMISSIONER SCHIFFER: So are they transferable or anything or-- MR. LENBERGER: It's for the life of the vehicle, not the person who owns it. But that's a good point. COMMISSIONER SCHIFFER: Maybe you should note that-- MR. LENBERGER: Yeah, for the purpose, you know, it was permitted for originally. So yeah, that's a good point. COMMISSIONER KOLFLA T: Mark" CHAIRMAN STRAIN: Yes, sir, Mr. Kolflal. COMMISSIONER KOLFLA T: Does the permit travel with the vehicle or travel with the person? MR. LEN BERGER: The vehicle. CHAIRMAN STRAIN: Says the permit issued in accordance with this section shall be valid for the time the vehicle is in operation. If it's sitting parked, is it considered in operation? MR. LEN BERGER: Say that again? CHAIRMAN STRAIN: If it's parked, is it in operation if the engine is turned off? MR. LEN BERGER: We were -- the intent there was to say as long as it was being used for that function, the permit is good. So if that thing falls apart or-- CHAIRMAN STRAIN: Why don't we just say that, though. The permit's good for as long as that vehicle is being used for the function in which it was permitted. MR. LENBERGER: Being used for the function. Okay, sure. MS. ASHTON: And I also think you addressed it, but it would be a good idea to put this in the code as well that it's not assignable. CHAIRMAN STRAIN: Okay. Now we're on Page 239. Questions on 239? Did you finish yours? COMMISSIONER VIGLIOTTI: Just that you have an escape clause in C with your toy. CHAIRMAN STRAIN: We'll see, when I get down there and ask what the word large means. 239, the top after the -- in that underlined sentence, and government entities responding to emergency situations. Wouldn't we put a period there" We don't care what they're due to-- MR. LENBERGER: Right, that's -- CHAIRMAN STRAIN: -- ifit's emergency, it's emergency. MR. LENBERGER: Okay, that's tine. CHAIRMAN STRAIN: Down on I, Mr. Vigliotti's correct about the large pneumatic tires. I have a problem. Does that mean if you have a pneumatic tire with three pOllllds of air and it's not large, it doesn't need a permit? MR. LENBERGER: The pounds per square inch is based on a formula developed by the state, which is what we have on our application. I can put it up on the visualizer. CHAIRMAN STRAIN: Well, I'm back to the -- I know it sounded like a silly application that I know about personally. but it may involve others who use canoes or anything else. First of all, you say large pneumatic tires. And I guess your definition of large is if they're 10 psi or greater. lfthat's the case, that's fine. So if you have a three psi tire, you're not restricted then; is that right? MR. LEN BERGER: Right. As long as it meets the psi, you should be okay. COMMISSIONER VIGLIOTTI: Can we pull out the large? MR. LORENZ: May I? CHAIRMAN STRAIN: Go ahead. MR. LORENZ: Steve has shown for the formula, the 10 psi is basically that pressure that's on the ground, and that can vary depending upon the size of the tire and the weight of the total load ofthe vehicle. So the operative principal here is not the 10 psi tire itself, but it's that bearing pressure on the ground. Page 55 161 1 A-:> September 26, 2008 I would certainly suggest we can take out large pneumatic tires, because as long as we've got a pressure that's less than 10 psi bearing pressure on the ground, then that's the wbole intent of the formula. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Vigliotti. COMMISSIONER SCHIFFER: Bill, don't you think it would be smart to actually put that little equation in there instead? Because ultimately somebody who's reading this would go to this form to fill out. They may as well -- rather than try to describe it, you may as well make it a calculation. MR. LORENZ: I think that's fine. COMMISSIONER SCHIFFER: It would be very difficult I think to figure out what the tire footprint would be, wouldn't it? After you load it, I guess you would have to, you know load it up the way you wanted. you'd have to go out and measure essentially what square inches the tire is taking up. MR. LORENZ: Correct. COMMISSIONER SCHIFFER: You can do it, though. But I think rather than -- just put that formula in there or reference it somewhat. And Mark, doesn't this mean you could essentially get a permit to do that" CHAIRMAN STRAIN: You mean you're telling me I need a permit to go to the beach and paddle with my kayak" COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Yeah, well-- COMMISSIONER SCHIFFER: And hopefully it will probably be-- CHAIRMAN STRAIN: We're no longer America, because that shouldn't be -- that would be a disgrace, so -- of course there's a lot of other things that we might want to complain about too. COMMISSIONER SCHIFFER: Let's not start that list. CHAIRMAN STRAIN: No. Why don't we, under C, put in some exemptions for applications like I'm talking about. Are you guys intending to catch kayakers and people in canoes and things? MR. LORENZ: No. CHAIRMAN STRAIN: Well, why don't you just put that there and stop -- I know it's not part of the change but since you're bringing in criteria you may have to create a change. COMMISSIONER SCHIFFER: So why don't we add to that non-motorized personal craft, trailers, carriers, whatever you would call it. CHAIRMAN STRAIN: There are -- there's baby buggies, the ones that you can carry -- you can have when run behind you. They've got tires on them. Things like that I know you don't intend. So I think if you're going to put i in there, as you've underlined, then we ought to clarity some morc exceptions in C so there's no mistaking who can be asked to do what. And I'll let you come up with that list, I think that's the best way to handle it. Anybody have any questions on 239, 240 or 24 I? It's just substituting in the county manager. (No response.) CHAIRMAN STRAIN: 242,43 and 244" (No response.) Item #4B LAND DEVELOPMENT CODE (LDC) AMENDMENTS CHAIRMAN STRAIN: If there's no other questions, I think with the changes we've suggested, staffs going to need to come back with this one. So let's leave it like that. And that takes us down to Section 3.04.03, listed plants, on Page 14 I. Okay, we've been through this one once. Where did we leave off on it? You guys werc going to bring it back, right? COMMISSIONER CARON: Yeah. CHAIRMAN STRAIN: Did anybody get corrective language? COMMISSIONER SCHIFFER: I did. CHAIRMAN STRAIN: Did you? COMMISSIONER SCHIFFER: Well, what's the date on the bottom of yours, I guess. CHAIRMAN STRAIN: That's what I'm wondering. I don't seem to have it. COMMISSIONER SCHIFFER: 7/30/08. COMMISSIONER VIGLIOTTI: 7/23. COMMISSIONER CARON: 7/23/08. Page 56 16 I 1 t8 September 26, 2008 CHAIRMAN STRAIN: That's what I've got, but that isn't the corrective language, is it? COMMISSIONER CARON: Yes, it is. Well, it is new because-- MR. LENBERGER: That's the language I have. That should be the correct version. COMMISSIONER SCHIFFER: I have actually 7/30. CHAIRMAN STRArN: Okay. Because I had more written on that than I did on the original unfortunately. So that's why 1 wasn't sure I was looking at the right one. MR. LENBERGER: That's the most up to date that I can see. CHAIRMAN STRAIN: If the most up to date is 7/23/08 as shown up on the footnote on Page 141, that's the one we'll read off oftoday. Is everybody there? COMMISSIONER SCHIFFER: I actually have 7/30/08 on mine. CHAIRMAN STRAIN: 7/30/08? COMMISSIONER CARON: No, that's the one we made corrections on and sent back. CHAIRMAN STRAIN: Then 7/23/08 can't be the newest one then. COMMISSIONER SCHIFFER: We sent it way back, we sent it back in time. MR. LEN BERGER: You should look at the revision date on the top of Page 142. It says other notes, revision date above the line. And it should say July 23rd, the last date listed there. CHAIRMAN STRArN: So Page 142, the revision date on the top, third line down, July 23rd, 2008. That's the one we'll be reviewing. Everybody have it? COMMISSIONER SCHIFFER: No, mine says June 24th. Yet the bottom date, which is your file date, is 7/30. CHAIRMAN STRAIN: Well. if yours says June 24th, you don't have the one with probably the changes, because July 23rd is the date we should be using. COMMISSIONER VIGLIOTTI: 7/23? CHAIRMAN STRAIN: No, no, look at this page right here. You have the right one. COMMISSIONER SCHIFFER: But oddly, my date on the bottom is advanced. COMMISSIONER CARON: He's right. CHAIRMAN STRAIN: That's not the date. You look up here. That's the version date. Mr. Kolflat, do you have the July 23rd of2008. COMMISSIONER KOLFLAT: Yes, July 23rd. CHAIRMAN STRAIN: Brad, you don't, right? COMMISSIONER SCHIFFER: No, but it's funny that my bottom date, I don't know where that comes from, but-- CHAIRMAN STRAIN: I don't either, but I think with only five of us here today, you make the quorum, and if you haven't got the right documentation, it isn't really a good thing. So we could -- COMMISSIONER SCHIFFER: I'll share with Tor. CHAIRMAN STRAIN: We're going to still linish this next week. So why don't we put this one off until you get-- could you make sure, Catherine, he gets the right information? MS. FABACHER: I will. I guess he didn't change it out. Because my records indicate you got that on the August 28th in your little packet that you got on the 28th. You got this version. So it could possibly be that he neglected to change it. But I will get him the right one. CHAIRMAN STRAIN: We're not going to make it through all this today anyway, so this is one we can put otTtiII next week. MS. FABACHER: No problem. COMMISSIONER SCIIIFFER: But one question, Catherine. At the bottom ofthis, wbich is where we kind of wanted to track our dates, how does that date get developed? Because, like I said, mine is 7/30/08, which is further in advance than the one you guys arc -- and I have been I think pretty good at putting them in. COMMISSIONER CARON: He's right. MS. F ABACHER: What now? COMMISSIONER CARON: He's right that on our original one that we originally worked for, it says 7/30/08-- COMMISSIONER SCHIFFER: The footnote. COMMISSIONER CARON: -- however, the revision is now 7/23/08. MS. F ABACHER: You're correct. I can't explain it except that they took an earlier version and remodified it instead of the 7/30 version. But I do believe you have the correct version. CHAIRMAN STRAIN: Okay, then Section 3.04.03, listed plants, we'll put otTtiII next week and we'll go into 3.05.07 A Page 57 16 I lAS September 26, 2008 and B, native vegetation definition. That's on Page 165. That's again new language. And the revision date on Page 166 under other notes, version date should be August 22nd, 2008. Okay, Mr. Vigliotti? I've got it. Donna? Tor? You okay with the August 22nd, 2008 on Page 166? What about you, Brad? COMMISSIONER SCHIFFER: I actually have August II tho I don't know what happened. Let me see. I've got everything else here. CHAIRMAN STRAIN: You're not going to have the most recent then. COMMISSIONER SCHIFFER: Go ahead. Don't wait for me on that. I'll look at Tor's. CHAIRMAN STRAIN: Why don't we pick up all the ones that we know you've got. Then if we don't have time after those are done then we'll go back and take a look at these. But we'll give you the benefit of having -- if we're going to hear anything next week, I'd rather hear the ones that you don't have, so you have time to read them. So do you have Section 10.02.02 EIS thresholds, Page 219? And the revision date on that would be August 22nd, 2008. It's on Page 220. COMMISSIONER SCHIFFER: No. I know I just put these in over the weekend, so why would I have -- COMMISSIONER KOLFLAT: What was the page on that? CHAIRMAN STRAIN: Page 220. You should have August 22, 2008 on the upper portion of it. Tor's okay? Okay, so Brad, is yours not -- Brad's not again? COMMISSIONER CARON: Brad's the only. CHAIRMAN STRAIN: Okay, let's go to Section 3.05.07 H.1.d. It's on Page 185. Then the Page 186 actually has the date of September 17th, 2008. We're on page 186. Bob, do you have it" COMMISSIONER KOLFLAT: September 16th? CHAJRMANSTRAIN: September 17th on Page 186. COMMISSIONER KOLFLA T: I have September 16th. CHAIRMAN STRAIN: No, no, you have to look on the -- the page he was on, Donna. On page 186 it should say-- mine says September 17th. Do you have it" COMMISSIONER CARON: Yeah, mine too. CHAIRMAN STRAIN: Look on this page here. COMMISSIONER SCHIFFER: Mine says 16th. COMMISSIONER KOLFLAT: Mine says September 16th. COMMISSIONER SCHIFFER: So does minc. CHAIRMAN STRAIN: Donna and I have 17th. Okay. looks like you guys -- what about you, Bob? COMMISSIONER VIGLIOTTI: No. CHAIRMAN STRAIN: No what? COMMISSIONER VIGLIOTTI: I don't have it, period. CHAIRMAN STRAIN: Okay, Mr. Vigliotti hasn't got it, Brad hasn't got it. COMMISSIONER SCHIFFER: I do have it, but it's the 16th. CHAIRMAN STRAIN: Well, nobody's got -- I got the 17th and Donna's got the 17. COMMISSIONER KOLFLA T: We got 16th. CHAIRMAN STRAIN: You got 16 and Bob has none. We're doing great. Let's move on to Page 193. And actually the dates are on page 194 of that one and it should read September 16th, 2008. COMMISSIONER SCHIFFER: I have that. CHAIRMAN STRAIN: You have September 16th, 2008 on Page 184? COMMISSIONER SCHIFFER: Yes, I do. CHAIRMAN STRAIN: Oh, good. Tor" COMMISSIONER KOLFLAT: September 16th. CHAIRMAN STRAIN: Donna? COMMISSIONER CARON: Yes. CHAIRMAN STRAIN: How about you, Bob" COMMISSIONER VIGLIOTTI: August 11th. CHAIRMAN STRAIN: August I I tho There is no August -- oh, yeah there is August. it's the last of -- you don't have the most recent then. Page 58 16' If6 September 26, 2008 Okay, we have one more we can try for before we go back and figure out what we want to do. On Page 157, that one is -- and the actual date is on Page 158. The last datc was September 12th, 2008. COMMISSIONER VIGLIOTTI: August 11th. COMMISSIONER SCHIFFER: I have that. CHAIRMAN STRAIN: Mr. Vigliotti doesn't. You do. COMMISSIONER CARON: The 12th. CHAIRMAN STRAIN: You've got 12. Tor? COMMISSIONER KOLFLAT: I haven't found it yet. CHAIRMAN STRAIN: We're on Page 158. COMMISSIONER KOLFLA T: I've got August II tho CHAIRMAN STRAIN: Catherine, I know-- MS. F ABACHER: I'm sorry, I guess we'll have to come up with another process other than just giving you the insert pages to change out, because that's kind of what we've done, and J guess it's too much -- too hard to do. CHAIRMAN STRAIN: Well, there's a lot of paper flowing back and forth-- MS. F ABACHER: And it's true, it's true. So if you can think of a better way to try and do it -- CHAIRMAN STRAIN: The safest way is to -- those little spiral binds, those plastic ones. Each time you give a new revision put them in those and hand them to us, we can't go wrong then. It would be hard to -- if they're all in one packet. What do you think, Brad? COMMISSIONER SCHIFFER: This was good. The other thing that seems strange that I'm out because I was following the date -- you know the last thing you sent out, you actually had a date in the agenda. And I was -- everything was in-- in tune with that. MS. FABACHER: Oh, right, the agenda. Yeah, the agenda showed you which packet it came in, so-- COMMISSIONER SCHIFFER: And everything jived. I can't see why I wound up-- MS. F ABACHER: If it's on the Internet. I don't-- COMMISSIONER VIGLIOTTI: I like the idea of the spiral binder if you give us a spiral-- MS. FABACHER: You wantto go back to the spirals. COMMISSIONER VIGLIOTTI: Yeah, that's the most recent one we get, then we have to keep it together. COMMISSIONER SCHIFFER: The hardest part of the process though is that we make red lines in our paperwork. And then when we replace it the tirst thing we do is we have to look at both of them and move any comment. So if we do that with spiral, then we have to move comments that don't even apply to what we're looking at. MS. F ABACHER: And it would take a lot morc time 10 put together. We have done spiral and gone to this, gone back to spiral, come back to this. It's just difficult with all of these revisions. COMMISSIONER SCHIFFER: Oddly, though, since you did put the date, which I thought was an excellent way to doublecheck it, and I did jive with all the dates, how did I wind up without the right stuff' MS. F ABACHER: I can't explain it either. CHAIRMAN STRAIN: Okay, because I certainly can't ask people to come here for the next 30 minutes or so on issues we told them we wouldn't hear today, so we're kind of stuck. At what -- is there anything on here that we can handle today with those that are here? MS. FABACHER: Yes, we could do Page 59. COMMISSIONER SCHIFFER: Mark, let me say something. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: That I do transfer comments, so the pages that I'm behind on, which those couple of sections, I don't rcally have many comments. I honestly could look at Tor's and we could do that, since I'm the only one. CHAIRMAN STRAIN: Well, I've got -- ifthat works for you, Mr. Vigliotti's got the right pages on those and we're back to the beginning then. So is Donna and Tor, so-- COMMISSIONER SCHIFFER: If I don't have a red mark on essentially an older version, then I wouldn't have a red mark on a new version, so -- CHAIRMAN STRAIN: Okay. Well, then-- COMMISSIONER SCHIFFER: Let's go that way. CHAIRMAN STRAIN: Then we'll start back and we'll go back to Page 141 with the listed plants species, 3.04.03. Okay, Steve, you want to give us a-- MR. LENBERGER: I'll briefly-- CHAIRMAN STRAIN: -- kind ofa background on where we went before and why we're here again today. MR. LENBERGER: Sure. The GMP requirement is on the visualizer. And basically staff was to evaluate the need for Page 59 16/ 116 September 26, 2008 the protection oflisted plants. We did this amendment -- been through different subcommittees. It was one of the most discussed amendments for sure as far as the plant species. But we did pull out some plants. Plants I chose were ones that -- well, first I should back up here a minute. The amount oflisted plants in Collier County is quite large. CHAIRMAN STRAIN: I've got it. It's over 500. And it kind of gets out ofhand. MR. LENBERGER: Well, yeah, but the ones in the County is just very large, too. And a lot of those you need like a specialist to identify. MS. ASHTON: Excuse me, Mr. Chair. CHAIRMAN STRAIN: Yes. MS. ASHTON: The court reporter has indicated that she needs to take a break. CHAIRMAN STRAIN: No. THE COURT REPORTER: I just need one minute. CHAIRMAN STRAIN: That's okay. You know what, it's close enough. We'll take a -- let's take a 15-minute break and come back here at two -- what's IS-minutes, yeah, 2:40. (Short break.) CHAIRMAN STRAIN: Okay, welcome back from our break. We're running out of time. We're going to lose our quorum at 3:00. So in regards to that, since some of the issues we were going to get into are rather lengthy, we're going to try to move ahead to one or two items we might be able to finish up in the next 20 minutes. And the only two that I think we can do are on Page 185 and Page 193. And those are conservation mechanisms on Page 185 and preserve management plans on Page 193. So let's try to get those two done while we still have a quorum. And with that we'll turn to Page 185. I hate to bring up this next question, but the pages we're using now are September 17th, 2008. I don't even want to know if you don't have it. Let's just go forward. Okay, Steve, you want to give us a little quick notice as to why we're here. This is the second time we've heard this one. MR. LENBERGER: You have to -- this is-- CHAIRMAN STRAIN: Page 185. MR. LENBERGER: That's creation and restoration of native vegetation? COMMISSIONER KOLFLA T: What's the date on that, Mark" COMMISSIONER VIGLIOTTI: Immaterial. CHAIRMAN STRAIN: Page 185, the September 17th, 2008, and it's the conservation mechanisms. COMMISSIONER KOLFLAT: Brad and I have September 16th. CHAIRMAN STRAIN: Okay. That's only one day. Not a lot can happen in one day. Steve, if you're telling me you don't have the right onc-- MR. LEN BERGER: Now I'm starting to wony. No, I do have it. COMMISSIONER KOLFLA T: Which date do you have? COMMISSIONER VIGLIOTTI: Doesn't make a diffcrence. MR. LENBERGER: Which version do I have') CHAIRMAN STRAIN: Yes. MR. LENBERGER: September 17th. CHAIRMAN STRAIN: Okay, good. MR. LENBERGER: Okay, we put up the GMP policy on the visualizer. And we've had a -- you had a number of questions last time. And in response to some of your questions 1 sent a request for legal services, which 1 believe you received a copy, to the county attorney's office. And Heidi was nice enough to respond. and she met with also Bill and I. and we talked about different types of covenants and -- versus an easement, and what would be some of the pros and cons. And we put those in the -- under the reasons section, a comparison there for you. I believe -- CHAIRMAN STRAIN: Right. Well, let's go right into questions then. This is new language. It's been modified from the last time we talked about it. It's only two pages. Pages 186 and 186. I. Are there questions of the commission? (No response.) CHAIRMAN STRAIN: This is why I thought we could get past -- this one done by 3:00. But I have a question. On Page 186.1, we keep referring to preserve areas when really that this is written for I think required preserve areas. And the reason I'm trying to differentiate that is because preserves are a use by right in a lot of districts. And being as such is, do Page 60 16 I 11\5 September 26, 2008 we -- we don't want to encnmber all preserve areas, only those that are required by -- MR. LEN BERGER: County required, yeah. CHAIRMAN STRAIN: So maybe D, you can -- wherever it's needed you can insert the word required into the-- beginning before the word preserve. Is that acceptable to you all" MR. LEN BERGER: I would check with the connty attorney's office, but I would say county required. MS. ASHTON: Connty required. CHAIRMAN STRAIN: Okay. Anybody on the commission have a problem with that? (No response.) CHAIRMAN STRAIN: Okay. So with the exception on Page 186 with inserting county required preserve areas as the intent, we're complete with that. Is there a recommendation to approve Section 3.05.07, preservation standards as noted, and fmding it consistent with the GMP? COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER KOLFLA T: Mark? CHAIRMAN STRAIN: Oh, Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. The information I have goes on with 186.3, .4, .5. CHAIRMAN STRAIN: Right. COMMISSIONER KOLFLAT: .6 and 180. 1.6 which were both from the attorney's department. CHAIRMAN STRAIN: That's back-up material to the language that we just reviewed. Do you have any questions on the material? COMMISSIONER KOLFLA T: No, I don't. But that is part of it, correct? CHAIRMAN STRAIN: Yes, sir, that's the back-up material to get us -- to give us the rcasoning as to why they put it together like that. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Okay, now, there was a motion made by Mr. Vigliotti, seconded by? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Ms. Caron. Oh, Mr. Anderson has some input. Would the second and the motion maker withdraw their motion? COMMISSIONER CARON: I did. CHAIRMAN STRAIN: Okay. Bob? COMMISSIONER VIGLIOTTI: Yes, I will. CHAIRMAN STRAIN: Okay, Mr. Anderson. MR. ANDERSON: It's to avoid problems in future interpretations. There's this reference to the statutory conservation easement in Florida Statutes. CHAIRMAN STRAIN: What page is the reference on? MR. ANDERSON: 186. I. CHAIRMAN STRAIN: Yeah. Okay, Section 7.04.06? MR. ANDERSON: Yes, sir. And there are some other references to this particular section in Florida Statutes as well. This conservation easement statute gives a laundry list of different kinds of prohibitions that can be included in a conservation easement. The statute uses a phrase: Which prohibits or limits any other all of the following. So when you look at this, itls not clear -- it could be interpreted by someone that all the limitations in this particular statute have to be included in a conservation easement. And I simply want to avoid that. Because if you look at the statutory language literally, it prohibits removal or destruction of trees, shrubs or other vegetation. There's no exclusion for exotics in the statute. So I'd simply like to strike the reference to that particular statute and just use the generic term a conservation easement. Because the Growth Management Plan language that you have up here recognizes that the type of conservation easement restrictions will vary. CHAIRMAN STRAIN: That last line then, and I thank you lor pointing this out, and it says: In final plats in accordance with Section 10.02.01 with specific language as may be found in the conservation easement. Does that get us there? MR. ANDERSON: Yes, you see both of those sentences that have that reference. CHAIRMAN STRAIN: Ycs. Page 61 1 h I 1.'M Septem6er~6, 200t MR. ANDERSON: Okay, yes. CHAIRMAN STRAIN: Susan? MS. MASON: Just to kind of mention too, 'know there is some sample language in the LDC as one of the attachments at the very end. That is language that is consistent with this section of the Florida Statutes. At 'east that's my understanding. And that was always the template that people would use in the plats. And they -- we did always allow for and certainly require exotic removal. So I'm not sure -- I've not read the whole Florida Statute, and I'm looking at Heidi for help. MS. ASHTON: I haven't read the statute in a while. It does have a laundry list of items that are prohibited, some of which we have duplicated in the appendix to the Land Development Code where you get your sample language for your subdivision plats. Also, I believe the standard conservation easement that they're currently using, which staff has created, contains a laundry list, whether or not it includes all of them. MS. MASON: It does specifically say in there that it allows for exotic removal, that that -- removal of vegetation, except for required exotic. And has language about pennitted state, which staff has applied as pennitted by the agency if they have something in there that has been previously pennitted. MS. ASHTON: I mean, you could put -- to protect -- some of which are included in Section 7.04.06, leave a little bit of flexibility, but yet it would put the dcveloper applicant on notice of some of the uses that they would be expected to include. CHAIRMAN STRAIN: Why don't we just list the uses in the paragraphO Why wouldn't wejust say it so we know what it is everybody's talking about? MS. ASHTON: That would really be a question for staff as to whether or not relating to the issue raised by Bruce, which is kind of that each of them are a little bit different, is what I heard him say. MR. ANDERSON: That's correct. CHAIRMAN STRAIN: But wouldn't we want to know -- okay, each ofthe items in the statute are a little bit different. MR. ANDERSON: Yes, and all the physical characteristics of an area may be diffcrent-- CHAIRMAN STRAIN: So they only apply if the right physical charactcristic is present. MR. ANDERSON: Correct. CHAIRMAN STRAIN: And who makes the decision whether or not thcy apply or is it already made by the fact that the characteristic is there? MR. ANDERSON: It's a combination of both. It could be the kind of thing that staff and an applicant could disagree on. CHAIRMAN STRAIN: If they disagree on it, who do you think's going to win? What's your recourse? How do you undo it -- we're trying to avoid disagreements. I'm tired of hearing about disagreements. I think it's bcst that we stop that and try to be as definitive as possible. And if this needs to be expanded to show what the possibilities are, if that's the best solution, I certainly appreciate you pointing it out, because it's traps like this that get us into trouble down the road. I now would like to sce before this one is considered passing is you get the -- someone gets the language to us bye-mail so we have something to take a look at. Steve? MR. LENBERGER: Okay. Actually, I happen to know the language is attached to Brian McKenzie's letter that he had given you, the oil and gas. He did attach the 7.04.06 language to that letter. The language in Appendix C ofthe LDC is on the visualizer. And this is the language that we use for plats. And it's also the language /Tom 7.04.06. But you'll notice it says: Preserves may not be in no way altered from their natural or permitted state. That's the permitted state. So that would -- imply that there are certain uses allowed in the preserve. CHAIRMAN STRAIN: IIthis scction oflhe code talks about preserve mechanisms, all preserve areas shall be designated as preserves on all site plans. Then it goes into dedication. Why do we have these limitations if the dedication? Wouldn't they be better off in another section of the code that discusses what preserves can and can't be used for? If that's what the statutes are -- this statute section refers to is limitations on the use of the area, which it seems to show here, such as trash removal, destruction of trees, et cetera. Aren't those prohibitions that we could have somewhere else and this section should be limited to the recordation mechanism or how to create a preserve tract? I'm asking. You're the only guys I have around here to ask. MR. LEN BERGER: I'll have to ask the county attorney's office help on this. Page 62 16 I 1 AS September 26, 2008 MS. ASHTON: Could you repeat the question? CHAIRMAN STRAIN: If this section ofthe code is to define what the preserve mechanisms, meaning how we dedicate a tract, a preserve tract, then why are we getting into the prohibitions within that tract in the dedication language? Basically this should be black and white, here's how you do it. The prohibitions and what it can be used for have got to be in another section of code that defines what we can and can't do with preserve tracts. Wouldn't that -- isn't that the way to approach this? I'm wondering why we're mixing the two in this dedication language. This is purely dedication language. MS. ASHTON: Yeah, that's the dedication language for subdivision plats. You might have asked DEP, you know -- it might not be platted land. CHAIRMAN STRAIN: Okay, so this is all on site plans then. The easement shall be dedicated -- shall dedicate the responsibility of maintenance to a property owners association or similar entity. I understand that. And it shall contain allowable uses and limitations to protect the preserve in accordance. See, tbere's where I guess I'm wondering why do we need that in here if you can't dedicate it and it can't be a preserve unless you've already crossed that threshold and addressed it. So are we mixing something into this dedication language which is purely a mechanical function of how you dedicate with now the limitations within that dedicated area? MS. ASHTON: You could take out the reference to the section or you could, say, put the language in as I mentioned earlier: Some of which are listed in section 7.04.06. But it doesn't address with certainty what the limitations and allowable uses would be. But hopefully you'd have another document like a PUD or other document that would specifY that in it as well. CHAIRMAN STRAIN: Ms. Caron" COMMISSIONER CARON: I think you can probably end it this way: And it shall contain allowable uses and limitations to protect the preserve, period. MS. ASHTON: Uh-huh. COMMISSIONER CARON: All preserve areas shall be shown on the preliminary and final plats in accordance with Section 10.02.0 I and -- with specific language pursuant to the -- what Heidi was just saying, some of the -- MS. ASHTON: I think the sum of which language goes better up at the first part and then you can-- CHAIRMAN STRAIN: You know, there's no way we're going to-- MS. ASHTON: -- just say in accordance with the section. CHAIRMAN STRAIN: This isn't going to pass today. You're going to come obviously back. Would you and Heidi please give Bruce a call and try to figure out some language that seems to be more applicable for this section of the code, and get it done and come back to us with it. Because there's no sense of us trying to come up with the language here today. We're not going to be able to do it. So does that work, Heidi" MS. ASHTON: Yes. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Quick question. Heidi. once this is done, who is the owner ofthe land? The applicant is still -- or the person who is giving the conservation easement is the owner of the land still, correct? MS. ASHTON: Correct. COMMISSIONER SCHIFFER: And who is the owner of the easement? MS. ASHTON: The easement would be in the name of Collier County. COMMISSIONER SCHIFFER: So they're the owner of the conservation easement. MS. ASHTON: Uh-huh. But without responsibility for maintenance. COMMISSIONER SCHIFFER: But according to this 7.04.06, they could sell that for power distribution or a pipe transmission. If you look at parentheses 11, there is the ability to -- anyway, I was just curious as to who was the owner of the -- MS. ASHTON: Where are you referring to parcn II? Arc you looking at the statute? COMMISSIONER SCHIFFER: Yeah,7.04.06. MS. ASHTON: Well, I -- nonnally the conservation easement document via either plat or separate instrument specitles the allowable uses. It doesn't specifically do a cross-reference to 7.04.06. They actually contain in the document what is-- COMMISSIONER SCHIFFER: So they don't have that right? MS. ASHTON: So I don't believe that's in the form that they're currently using. I don't know. Do you guys recall? COMMISSIONER SCHIFFER: I was just curious as to who those two people were. We can move on. CHAIRMAN STRAIN: Okay. You're going to rewrite this again, bring it back again. Page 63 16 f 1~ September 26, 2008 What I'd like you to do is please notifY the people that have been waiting -- were waiting bere earlier today involved in other issues, like Phil Gramatges. Michael DeRuntz. I know Carolina Valera may be, Bob Mulhere, Lisa Khoehler, Stan Chrzanowski. Could you tell them that there's no way next Thursday morning we're going to get to any of their issues. Because at 9:30 or approximately next Thursday morning after our regular hearing, we'll go right back into where we left otThere today. And I'd like to keep at this until it's done. So that means we would start with 3.04.03, listed plants, on Page 141 on Thursday morning of next week at approximately 9:30. And that's when we would continue this meeting to. Is there a motion to that effect? COMMISSIONER CARON: So moved. CHAIRMAN STRAIN: Ms. Caron. Is there a second? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti. All those in favor to continue to next Thursday morning at 9:30 in this room, please signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed" (No response.) CHAIRMAN STRAIN: Motion carries, 5-0. Catherine, you have anything you want to add in closing" MS. F ABACHER: I just want to say that this is the fourth -- is it the fourth meeting now we've had for the Cycle-- CHAIRMAN STRAIN: I've lost track, Catherine. MS. F ABACHER: -- 2008-1. And the next meeting we will cover everything that we didn't get to today on the agenda, correct? CHAIRMAN STRAIN: No, we will cover as far as we can get in thc next meeting that we didn't get to day. But that doesn't mean we'll cover it all. MS. F ABACHER: We'll aspire to. Thank you. CHAIRMAN STRAIN: Yes, ma'am. Thank you. We're out ofhere for now. Thank you all. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:00 p.m. ***** COLLIER COUNTY PLANNING COMMISSION u\/lc~_~ (?~ MARK P. STRAIN, Chaimlan These minutes approved by the Board on ~~_JA) ill O~, as presented corrected v or as TRANSCRJPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 64 Fiala Halas Henning Coyle Coletta ~ / 16 lIAS ./ October 2,2008 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida October 2, 2008 r>!i-ll ~'!i ,.' '; ,,; ~ ,., :'YI'";-' S '-Jr.t;r:~ 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 "1''' of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Karen I-Iomiak Donna Reed-Caron Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley (absent) ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning & Land Development Review Thomas Eastman, Director of Real Property for CCSD Misc. Carres: Dale: Item#: Page 1 Copies to 16 I 1 Ah October 2, 2008 CHAIRMAN STRAIN: Okay, we on there, Ray? Hello, hello, testing. Okay. Good morning, everyone. Welcome to the October 2nd Collier County Planning Commission meeting. I understand we're on emergency power, so if the lights start flickering or something like that, it doesn't mean that the Wall Street's having a crash, it just simply means our generator is switching back over. And before we even get up and pledge, I want to welcome our newest member, Karen Homiak, to the Planning Commission today. Karen, welcome. This will be a very enlightening day. We're going to be here till 5:00. So, lucky you. With that, if you'll all rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: Okay, Secretary please do the roll call. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER CARON: Mr. Midney is not here. Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRA Y: Here. COMMISSIONER CARON: Mr. Wolfley is absent. And Ms. Homiak. COMMISSIONER HOMIAK: Here. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Okay, addenda to the agenda. We have several issues going on today. Under the -- COMMISSIONER CARON: Mr. Eastman. MR. EASTMAN: Thank you. COMMISSIONER CARON: I'm sorry. I do that all the time. I should start with you from now on. Then I won't forget. Sorry, Tom. CHAIRMAN STRAIN: Under the advertised public hearings, we had three items scheduled for today. There is only one remaining going to be heard, and that is the Naples Grande Beach Resort. And it's for a series of variances concerning their signs. The two items that are being continued is the Covenant Presbyterian Church of Naples, Inc. and Page 2 16 I 1 *s October 2, 2008 Mission Possible Ministries, also known as Heavenly PUD. That is continued, this says, until October 16th. But I'm not sure if that date's even good anymore. MR. BELLOWS: That's correct, it ha~ changed. The new date is November 6th. CHAIRMAN STRAIN: November 6th, okay. And then the KOVAC Enterprises, LLC has also been continued to 10/16. Under our other agenda items, as an item of new business, we need to elect officers for the upcoming year, Chairman, Vice-chairman and Secretary. So we'll add that to the new. And as an update as to where we're going, this meeting today, being as it's one item, I don't think we'll spend all day on it. But when it is over, we're going to go into the LDC hearings that we've continued from various times in the past. Ray, do you have a listing of Catherine's summation sheet for the LDC? MR. BELLOWS: I do not. She should be here soon. CHAIRMAN STRAIN: Okay, because I have it. The only reason I'm bringing it up is trying to give people plenty of notice who want to attend. And when this meeting is over, when our regular hearing is over, we'll go right into the environmental issues that left off on at last meeting. And that one starts with the listed plants, goes into the preserve standards, EIS thresholds, preservation standards, and then criteria for removal of protected vegetation. Once those are done, we'll go back to the beginning of our rewrites. And the first one up will be the utilities. I honestly don't expect us to get done with the environmental this morning, so I would suggest that those looking to -- for matters on the rest of the agenda, especially staff, who unfortunately have to wait around when we don't get to the items, they might want to consider coming after lunch. We usually take lunch at 11:45 and come back at 12:45. Then at 3:00 today, wherever we're at with the LDC agenda, we'll kind of reassess where we're going and how far we can finish. There are some items on the agenda for the LDC that are rewrites that hopefully will go fast. We'll switch over at 3 :00 if we haven't already started those, move into those so we can produce something that the BCC can then discuss on their November date that they're going to hear LDC amendments. That way they have something to chew on and get them partially through the process while they wait on us for the rest of it. Anyway, that will get us to the balance of today. I don't think we'll finish the LDC. I know we won't, in fact, because there's a lot of rewrite. The date to come back would be the 7th, next week. So we'll continue to that date, assuming that by later today we can get a quorum. Also in the month of October, besides our next regular meeting, which is two weeks from today, we have the AUIR meeting jointly with the productivity committee. All of you just now received a binder from Mike Bosi. That was the AUIR binder to review this year. That meeting we will be held over at CDES on Horseshoe Drive in Room 609, and it will be jointly held with the productivity committee. We've been doing this procedure now for several years with them, and it's turned out to be pretty productive. So that's the addenda to the agenda. It's all the items I can think of Ms. Caron? COMMISSIONER CARON: What -- where are we starting at 3:00? What are the time certains at 3:00? (Commissioner Midney is now present.) CHAIRMAN STRAIN: Well, at 3:00, if we haven't got to the utilities, Phil Gramatges, and then Page 3 161 If>h October 2, 2008 we'll go right back from number -- Page 1 and work through that page on those that have been rewritten and are back to us for rewrites. COMMISSIONER CARON: Understood. But you said you had a time certain at 3 :00. CHAIRMAN STRAIN: No, no, at 3:00, what I'd like to do is whenever we -- if we haven't gotten to those rewrites by that time -- COMMISSIONER CARON: Oh, all right. CHAIRMAN STRAIN: -- I want to make sure we leave at least a couple hours in today's agenda to get to those so we can produce something for the BCC to review, because those ought to move a little faster. Item #4 PLANNING COMMISSION ABSENCES Okay, planning eommission absences. Is anybody planning to miss our next regular meeting two weeks from today? (No response.) Item #5 APPROVAL OF MINUTES - AUGUST 21, 2008, REGULAR MEETING CHAIRMAN STRAIN: By the way, the record will reflect Mr. Midney has anived. Are there approval of the minutes from the August 21st regular meeting? Motion-- COMMISSIONER CARON: So moved. CHAIRMAN STRAIN: Ms. Caron made a motion to approve. Is there a second? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMlAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRA Y: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (N 0 response.) CHAIRMAN STRAIN: Motion carries 8-0. CHAIRMAN STRAIN: Recaps. Anything to-- MR. BELLOWS: Yeah. CHAIRMAN STRAIN: -- you want to add, Ray? MR. BELLOWS: Yes, on September 23rd, the Board of County Commissioners approved the Page 4 J.t~e} 2, 21~S rezone for the Immokalee LLC rezone. That was approved on the summary agendas. And that was subject to planning commission recommendations. They also approved on the regular agenda the ABC Fine Wine and Spirits conditional use. And that was approved 5-0, subject to the CCPC conditions. And I believe they had a slight modification to one of them. I didn't add that. I'll have that e-mailed to you. CHAIRMAN STRAIN: Would you mind? In this way if we missed something, it would be nice to know what they were thinking so we can probably, hopefully do better next time. Chainnan's report. I just want to mention to you the series of binders, books and papers we've received, not only this meeting but the last one. Last mccting everybody -- and Karen, if you didn't get one, I hope staff: Mike Bosi is listening, or someone on staff makes sure you do. There was distributed a book called the Horizon Study book. That has actually been remanded back to us by the BCC for discussion. So that book will have to -- needs to be read by everyone. But the date for the mceting has not been set. It will be most likely sometime in November. So kind of hang on to the book and as we get closer to reading -- or meeting, it needs to be read. You also received a packet ofloose-Ieaf, three-hole punched packets today. It's a pretty thick one. Those are the amendments that havc been previously adopted for the LDC. And the pages are to be inserted into your LDC book, whieh is a eareer in itself But Ray has volunteered Sharon's -- or Sharon has volunteered her services, so if you would like her to insert the pages for you, bring the pages back with the book and turn them in to staff, or bring them to the next meeting and they'll get that done for you. And the last thing of course you received the AUIR binder today. And that again will be for the meeting starting on the 22nd over at CDES. Item #8A PETITION: CU-2007-AR-12357, FIRST CONGREGA TIONAL CHURCH OF NAPLES Okay, consent agenda items. There are two items on consent. The first one is 8(A), it's Petition CU-2007-AR-12357, the First Congregational Church of Naples, at 6225 Autumn Oaks Lane. If you recall, this one was heard last time we met. I know there are some changes needed. Melissa I believe has got some -- you want to come up and provide us with the information needed, Melissa, so -- then we'll see if there's any other needs from the committee? MS. ZONE: Good morning. Melissa Zone, principal planner with the department of zoning and land development. I haven't had a chance to meet with my manager to know the exact changes that were discussed, but it was to add -- the conditions of approval that were provided to you did not put in the provision to not -- to allow day cares as part of the conditions of approval. That will become number twelve. And we will word it to what the language was from this hearing two weeks ago. So that will be condition of approval number twelve, no day cares except for during services, because that was agreed to. And I know that there was another thing, but again, I wasn't there during the discussion and -- CHAIRMAN STRAIN: It was a memorandum of agreement. But I believe you've incorporated into the standard stipulations -- MS. ZONE: Correct. Those are going to be part of the resolution itself. Incorporated. It won't look Page 5 16 I 1 N) October 2, 2008 like this hard copy that was provided to you. And the applicant's agent does want to bring something up on item five. Transportation staff reviewed and discussed it with the applicant, and we're going to discuss it now. CHAIRMAN STRAIN: Okay. MR. ARNOLD: If! might. Good morning, Wayne Arnold-- CHAIRMAN STRAIN: I'm sorry, we probably should swear in even those on this consent agenda since someone is offering testimony. Which normally doesn't happen but why don't you -- thank you, Cherie. (Speakers were duly sworn.) MR. ARNOLD: Thank you. I just wanted to bring your attention to -- it was staff's item number five on Exhibit C, the one that referenced the ownership and the purchase of the proposed right-of~way. There are a couple of typographical errors that probably nced to be corrected. One is in the first line. It's the word -- it's says the owner of its successor. It should be or. That's an easy one. And in the last line, it says the dedication shall occur with 90 days. It should be within. And then I would offer one change. I don't think it changes anything of great substance, it can probably stay as is, but it just seems awkward to have a blank dollar sign with the phrase per acre which. And I would -- that sentence to me sounds better to just say the value of the credit shall be calculated at the actual cost per acre in which the applicant has paid for the property. And strike the dollar sign, the blank per acre, which represents. I can show you that -- CHAIRMAN STRAIN: No, I think we can see it. It does make it cleaner. Does anybody have any concerns? COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: I tend to agrec. Ms. Caron? COMMISSIONER CARON: Yeah, I don't have any concern with taking it out, I'm just curious as to why we don't have that figure already. I mean, it should be a prelly simple figure to get. If they own the property, there's a record of it and we ought to be able to call and find out and do the math, what they paid per acre. MR. ARNOLD: I agree with you. I think we can. I think it's awkward to have that value in the conditional use since the county will be acquiring the property. I think that it's -- to me it's better left as a part of the county's contract to purchase, a~ opposed to putting an actual dollar amount in the conditional use application. COMMISSIONER CARON: And I'm not disagreeing with you, Wayne, I think it probably is. But that blank has been in there right along. And what happens when you leave a blank like that is it makes it seem like we don't have information that we should have. And I'm just curious as to, you know, why we don't have that figure already. It seemed to be a simple and easy figure to have. MR. ARNOLD: And I think it is. I honestly don't know exactly what the church paid for the property when they acquired it a few years ago. The reverend's here and I'm sure he can tell you exactly what they paid for it, but -- CHAIRMAN STRAIN: I just want to make sure that when it says the actual cost per acre which the applicant has paid for the property, you're referring only to the cost that the applicant paid to the previous owner, not the legal fees, not the add-ons for maintaining it to date, not the taxes to date, not all that other garbage that goes onto cost per acre under a lot of scenarios. You're strictly looking -- and for the rccord I'd like acknowledgment that this is purely the cost per acre actually paid by the applicant to the previous property owner. Page 6 16 1 1 AS October 2, :ro08 MR. ARNOLD: Yes, that's my understanding. CHAIRMAN STRAIN: Okay. Anybody else have any questions or concerns about that consent item? (No response.) CHAIRMAN STRAIN: Is there a motion to recommend approval of the consent item Petition CU-2007-AR-12357? Mr. Schiffer? COMMISSIONER SCHIFFER: So moved. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made by Mr. Schiffer, seconded by Mr. Murray. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. All opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you. Item #8B PETITION: NUA-2007-AR-12575, HITCHING POST CO-OP, INC. The next one'is the petition NUA-2007-AR-12575, the Hitching Post Co-op, Inc. It's a consent item from our last meeting as well. I know Mr. Schiffer, you had a recommendation and a stipulation. I believe it got into the language. Is there anything else that anybody on the commission noticed about that consent item? Nancy, did you have any add-on condition? MS. GUNDLACH: Yes. Good morning, Commissioners. I'm Nancy Gundlach, Principal Planner with Zoning and Land Development Review. And there is one word missing from condition number three, and it's the vcry last word. It should say: the number of units shall not be increased. The site is limited to 368 units and leased sites. Sites is the missing word that is now in the resolution. CHAIRMAN STRAIN: Can you repeat that, Ijust pulled to the page, sorry. MS. GUNDLACH: Let's go to Page 2 of3 ofthe resolution. And towards the bottom there are three items. It's the third itcm that was missing, the very last word. And that last word is sites. So the sentence will read number -- item three: The number of units shall not be increased. The site is limited to 368 units and leased sites. CHAIRMAN STRAIN: Anybody have any other? Page 7 16 lIAS October 2, 2008 Mr. Schiffer? COMMISSIONER SCHIFFER: Nancy, question on -- is the principal structures all subject to NFP A 50 I.A? 1 don't remember just the accessory uses. MS. GUNDLACH: It's just the accessory structures that are subject to NFPA 501A. CHAIRMAN STRAIN: Any other questions, comments? Ms. Caron? COMMISSIONER CARON: Mr.lIancock is here, if you want that confirmed. COMMISSIONER SCHIFFER: No. I don't have my paperwork, so I'd have to -- I guess he could -- Nancy, do you have a copy of the full file? CHAIRMAN STRAIN: Cherie', you're going to swear him in again. (Speaker was duly sworn.) MR. HANCOCK: For the record, Tim Hancock with Davidson Engineering, agent for the applicant. Mr. Schiffer, my recollection is that the principal structures do meet 501A. The reason it wasn't stated in there is that the replacement of a principal structure on mobile home still has to go through the fire review process. It still has to comply with NFPA. The question really came in whether or not the accessory structures met that. In other words, there was never any ambiguity about the principal structures. That's why I think the resolution reads the way that it does. In other words, to go get a building permit to replace a mobile home, you have to meet fire code. COMMISSIONER SCHIFFER: But first of all, 501A isn't -- I don't think it's part of the fire prevention code. So I think it would be a good idea to note that the principal structures still have to meet that. That way they could be replaced and -- MR. HANCOCK: I don't have an objection to that -- COMMISSIONER SCHIFFER: -- if you went onto the market today under the word fire code, I don't think you'd be happy. MR. HANCOCK: No. And I'll be honest with you. Finding NFPA, a publicly accessible version of NFP A is rather difficult. You need to go to the library. And even then sometimes they don't have it, it's not something that's easy to wade through. CHAIRMAN STRAIN: Just be thankful it's not on Municode. MR. HANCOCK: Well, at least it would be there, it would just be sorely out of date. MR. KLA TZKOW: And would contain errors. CHAIRMAN STRAIN: It would be a mess. MR. HANCOCK: But other than that -- no, I have no objection to including principal structures in 501 -- CHAIRMAN STRAIN: Well, wouldn't we be better off just dropping the word accessory? MR. HANCOCK: Yes, sir. COMMISSIONER SCHIFFER: And say all structures? CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: That's good. CHAIRMAN STRAIN: Okay, we made two changes to the consent item. Are there any other requests by the commissioners? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to recommend approval for Item NUA-2007-AR-12575. COMMISSIONER KOLFLAT: So moved. Page 8 !t~bJr 2, ~ot5 CHAIRMAN STRAIN: Mr. Kolflat made the motion. Is there a second? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti made the second. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA 1': Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Item #9B PETITION: SV-2008-AR-13374, NAPLES GRANDE BEACH RESORT CHAIRMAN STRAIN: Okay, now we get into our regular items, which is the only one left, which is item 9(B). It's petition SV-2008-AR-13374, the Naples Grande Beach Resort, requesting seven variances. And they're at 475 Seagate Drive. All those wishing to offer testimony on behalf of this issue, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there any disclosures on the part of planning commission? (No response.) CHAIRMAN STRAIN: Okay, hearing none, it's the applicant's presentation. MR. HANSEN: For the record, my name is I Iunter Hansen. I'm the managing director of the Naples Grande Beach Resort, formerly known as the Registry Resort and Club. Mr. Chairman, ladies and gentlemen of the board, thank you very much for allowing me to speak with you today. CHAIRMAN STRAIN: You need to -- by the way, we have a court reporter here, so you have to talk a little -- slow down so she can type as fast as you talk. MR. HANSEN: Okay. All right, thanks. I think this petition is divided into two different sections. The first as stated on the cover sheet, we are applying for six variances and then a seventh variance. The sixth variance has to do with two placard signs that we've installed on the columns entering into the resort. And may I start by saying that when the RegistIy Resort was built, I think it was around 1996, 1997, something like that, there were two R letlers that were the logo of the Registry Resort placed on these columns forms. And in one of your packets, I think it's the sign variance petition packet, the page is not Page 9 16 I ll\S October 2, 2008 numbered, but you'll see there is an old photograph and a new photograph, the old photograph showing the R logos and the new photograph showing the N logo. So we simply, when we changed our name, we changed that R logo to an N logo, not even knowing that we were in violation of a sign ordinance, because those -- our logos had been there some 20 years. If you turn back in that packet, which is your sib'll variance petition packet one page, you'll see the N logo, a more detail of that N logo itself. So you can see that it's not a very obtrusive, obtrusive logo. It's just the letter N. Specifically that N measures nine inches in square. So it's not very large. Much, much smaller than the original R was when it was the Registry Logo. I don't have that R letter any longer, otherwise I could tell you exactly how large that R was. So that is our request for the first six variances, to allow us to replace the R logo, if you will, to an N logo. One on each column. We didn't realize a logo is considered a sign. We just thought it was a simple logo. Up on the screen now is the overall photograph, the overall site plan of where these signs are located. Sign A is what we're calling a monument sign. And there is a larger photograph of that again in the sign variance petition folder, one of the pages. It simply says Naples Grande Beach Resort, and it's a low monument sign that is visible right when guests drive into the main entrance. We felt that was important to have that sign there. That does not replace any sign, I might add that. There was not a Registry sign located in that location. However, there was a large Registry sign a little further back from that current location that we've simply removed. But because the resort is not visible as people drive down Seagate Drive, when they get to those columns, that's why the Registry had those R's there. And that's why we'd like to have the N's there, so that there's some sort of visible means when cars are driving down Seagate Drive. They technically don't see the monument sign until they make the right-hand turn going into the entrance of the resort. So the reason of the six variances, it has to do with the -- I think it's a hundred-foot separation from sign A to B and A to C and B to C and that sort ofthiog relative to the distance between those two N columns that we're installing. Are there any questions about this first part of the variance request? We should separate the two, because the second one is a little bit more complex. CHAIRMAN STRAIN: The second one being the Strip Housc sign? MR. HANSEN: That's correct. CHAIRMAN STRAIN: Okay, well then let's -- I have no problem talking about them separately, just for the sake of clarity. The variance is the first few -- other than the Strip House sign, the new sign that would be requested out front. Does anybody have any questions about the specific variances? (No response.) CHAIRMAN STRAIN: Okay. MR. HANSEN: If! may move on to the Strip House sign. The Strip House is the name of the restaurant that is located within the Naples Grande Beach Resort. I'd like to clearly point out that the Strip House restaurant is not owned nor managed by the Naples Grande Beach Resort. We lease that space to a third party. It is a restauranteur out of New York. The restauranteur is called the Glazier Group. They own and manage about 10 Strip House restaurants all across the eountry. They own the Monkey Bar in New York City, and Michael Jordan's restaurant in New York City a very successful restauranteur out of Manhattan. Because it is a -- not because, I'm sorry. It is typical that a specialty restaurant in a hotel gcnerates about 70 percent of their business from the outside, 30 percent from hotel guests. And in my 35 years of Page 10 16 I 1 hS October 2, 21108 experience in the hotel business, it is very typical for a specialty restaurant to have that sort of sales mix. It is not uncommon in a hotel of the size of the Naples Grande Beach Resort to have a lost Icader restaurant in their facility. That is, a particular restaurant will, if it were a standalone, it could lose money on the profit-and-Ioss statement. Hotels allow that to happen because they have some restaurants that make more money than others, and they're willing to lose money in one restaurant versus another. Without outside clientele coming into a restaurant like this, and this is very common, whether it's a Ritz-Carlton hotel or whether it's a Four Seasons or any other upscaled resort, a restaurant like this without outside clientele, and in this case up to 70 percent of its business, could clearly go out of business, because it's not supported by the rest of the facilities in the resort, because again, it's a standalone operation. So there is -- without any visibility from the street of this restaurant, it would be very, very plausible for this restauranteur to not makc money and go out to business. What would that mean to the county and to the town? It would mean we'd have one less steak restaurant, which probably doesn't kill anybody. But it would mean a loss of up to 40 jobs that we employ -- or they employ, I'm sorry. And they would just simply go out of business. We would -- it would be a tremendous hardship to them. That's the reason that we are applying -- I'm applying on their behalf: actually, to allow this sign to be built on the street side. Again, it's very low, it's not a large sign. I think the dimensions are in one of the packets, we could turn to it. But it is not an obtrusive looking sign. It is low. That is their logo. It is red in color. The signage would be red. And again, that's their logo colored. But the visibility of their restaurant as one is driving down Seagate Drive, in order to see that that restaurant exists, because 70 percent of their business comes from the public, we think, we feel very strongly, that their livelihood will depend on that visibility to the public. CHAIRMAN STRAIN: Questions on the second new sign that's been requested? Mr. Kolflat, then Mr. Schiffer. COMMISSIONER KOLFLA T: Could you put that overhead back on, please? MR. BELLOWS: This one? COMMISSIONER KOLFLA T: Now, could you trace with a pencil or some indication the line between A and B, the distance from the A sign to the B sign? MR. HANSEN: Sign A is the monument sign. Sign B is a column sign. Sign C is a column sign. COMMISSIONER KOLFLAT: Now, that distance in the report is listed as 66 feet on Page 4 of the staff report. Now would you draw a line from sign A to sign 0, as in dog. You can notice that's only about 10 feet farther. But the distance in the report says it's 156 feet. So what we have herc is one dimension from sign A to sign 0 that says 156 feet, but yet the distance from A to B is 66 feet. Obviously it's not to scale -- MR. HANSEN: Not to scale. COMMISSIONER KOLFLAT: Yet the drawing shows it is a scaled drawing there with the graphic scale below. And the same indication as far as if you go horn sign B to sign C. Would you draw a line from there so we can see where that is, John? MR. MOSS: I'm sorry, Commissioner, which two? COMMISSIONER KOLFLA 1': From CuB to C. B to C. That's indicated as being 40 feet in the report. And yet if you draw a line from B to D -- why don't you draw that, you'll see the difference -- B to 0 -- no, that's -- MR. MOSS: That's B to D. Do you mean C to D? COMMISSIONER KOLFLAT: Excuse me, C to D. That distance is 96 feet. So thcre you've got Page 11 JtRe~ 2, 2&~ twice the distance from C to 0 of 96 feet, compared to the 40 feet that goes from C to B. I mean, the whole drawing's askew here is knowing where this sign is located. I don't see how we can intelligently discuss the issue without knowing where the sign that's in question is to be located. MR. HANSEN: Well, my -- that's a great point, and I'm glad you pointed that out. That was an oversight on my part. Presumably sign D, if the measurements in the report are correct, is not in the exact location. Sign D may likely be pushed a little bit to the right, which would make it a further distance from sign B and from sign C. COMMISSIONER KOLFLAT: Well, when you say pushed a little to the right, that would be from 156 -- no, 66 feet to 156 feet. That's over twice thc distance. If you follow those dimensions, you almost have the sign out in the road. MR. HANSEN: Well, the property line does curl around to the right. So I could go out again and take more accurate measurements and actually put a placard down and take a little bit more accurate measurement. But in principal, I think you get the gist of what we're trying to do here. COMMISSIONER KOLFLA T: But I still don't know where sign 0 is to be located. MR. HANSEN: Again, it will be located in that area. And perhaps the measurement is not correct. But the sign D by intent is to bc located somewhere in that grassy knoll area where it's located now. COMMISSIONER KOLFLA T: Would you agree that the sign D is 10 feet from sign B? MR. HANSEN: No, sign D I think would be a little further away than 10 feet. COMMISSIONER KOLFLA T: The drawing shows it to be 10 feet. MR. HANSEN: Yes, sir, I agree. CHAIRMAN STRAIN: Mr. Klatzkow, did you have something that-- MR. KLATZKOW: Yes, the resolution specifically puts these variances within feet, all right, so that we need to know what these feet are before you all can vote on this. And if there's a discrepancy or if there's some sort of misunderstanding here, this needs to come back. Because otherwise we'll be giving a variance for the wrong amount of footage. CHAIRMAN STRAIN: That's a good point. I think the way that you might have done this better is to actually show dimensional lines between thc signs with the numbers on them that you're seeking for a variance. And if it doesn't fit on this site plan, make a bigger site plan -- MR. HANSEN: I'll enlarge the plan, surc. CHAIRMAN STRAIN: Right. So that we actually can see where you're trying to go. Mr. Kolflat's point is well made. Mr. Kolflat? COMMISSIONER KOLFLA T: You might want to also add to that, if you look at your graphic scale down there, that graphic scale is ineorrect in that if you look at the graphic scale and you trace the license from the zero to five to the right where it shows there zero to five, that equals five feet. Yet if you go one step further and draw the distance from zero to 10 feet, that really is 15 feet if you look at the scale. And then if you take from zero to 20 feet, that really is 25 feet. In other words, the whole drawing is misleading as far as I'm concerned. The graphic scale is in error and the dimensions do not jive. CHAIRMAN STRAIN: Okay, might as well get as much input as you can before I would suggest you ask for a continuance. Mr.-- MR. MOSS: Well, if[ may, Commissioners. John David Moss, Zoning and Land Development Review. Page 12 16 lIAS October 2, 2008 The applicant submitted this magnified site plan, so it's detinitely not to scale. But the measurements were taken for each of the variances. So the dimensions are correct, but this is just more an exhibit. And in the variance you can see if we included this exhibit with the ordinance -- or excuse me, with the resolution, Mr. Klatzkow, that there are no distances listed on this. This was just a graphic depiction. The variance we could include the actual feet. CHAIRMAN STRAIN: JD, this board needs to see scaled drawings. I don't know how you assessed this project, but if you assessed it off of these plans, that is not the right way to do it. You should have seen scaled drawings so we all can see equally that we're comfortable with it. So I have no hesitation supporting Mr. Klatzkow's position. He's right on this. Mr. Kolflat, go right ahead. COMMISSIONER KOLFLA T: Mark, even though the dimensions are not shown, it is a scaled drawing, by virtue of having a graphic scale on it to indicate it's a scaled drawing. So a scaled drawing can be drawn without dimensions listed per se but you reference in the graphic scale for the distance. MR. HANSEN: All right, sir, point wcll taken. I will thoroughly go back. I mean, I personally made these measurements myself with the scroll. But I will go back, I think it's a point well taken, and come up with a very accurate scale drawing. CHAIRMAN STRAIN: Let's see what other comments we have so when you come back it can be as comprehensive -- MR. HANSEN: That would be great. CHAIRMAN STRAIN: Mr. Schiffer, Ms. Caron, then Mr. Murray. COMMISSIONER SCHIFFER: I mean, on this thing you said lO-foot plus or minus that the Strip House sign is from your monolith sign. But that's not true, it's like 80 feet plus or minus, correct? MR. HANSEN: Again, I would have to go back and make those measurements. I did this a couple of months ago so I'm working from recall. COMMISSIONER SCHIFFER: The concern I have is the roads into Naples, since this is a residential thing. What traffic are you trying to capture? Because I think isn't Crayton the only road that connects to Seagate? There's nothing west of that that comes out of that residential neighborhood, correct? MR. HANSEN: Well, that's -- I think that's almost correct. There's that residential area that has the one little road going into -- is it called Seacrest or something like that. I don't remember the name of that residential area. That comes out and makes a turn to the cast that goes to Crayton. What we're really trying to capture visibility from people coming down Seagate Drive. COMMISSIONER SCHIFFER: Okay. And the sign really is much towards Seagate? John David, do you have an aerial that you could put on? CHAIRMAN STRAIN: Brad, you might bring your speaker a little closer to you, if you could. MR. MOSS: There is an aerial in the staff report. Let me see if! have a better one in the application package. COMMISSIONER VIGLIOTTI: Brad, in addition you have the entrance to the beach right there, so you have one road and the beach acecss. COMMISSIONER SCHIFFER: That goes past it, okay. CHAIRMAN STRAIN: Well, there's a -- see, the park is there. The county-- MR. MOSS: No, the only aerial I have is on Page 4 of the staff report. COMMISSIONER SCHIFFER: This is where you'rc running around with your trailer, Mark? CHAIRMAN STRAIN: Yeah, this is where they're going to get me one of these days. COMMISSIONER SCHIFFER: And I guess, you know, the comment is I really wasn't upset with this thing 10 feet away. Tor's thing is -- those are really good points, that the information I'm looking at isn't Page 13 16 lIAS October 2, 2008 even scaled accurate. And this sign, the other question I really had is that the lighting ofthis sign, there's no variance you're requesting at all for that. In other words, this is our code sign lit exactly per code. Even though you do discuss in detail how the thing's going to be lit, nothing from that could ever give the illusion you could deviate from the code; is that right? MR. MOSS: I'm sorry, Commissioner, which sign are you referring to, the Naples Grande sign or the proposed Strip House? COMMISSIONER SCHIFFER: Strip House. MR. MOSS: No, Would it meet code? It would be required to meet code. But it would give them excessive square footage. The maximum square footage that they're permitted is the one that's on the Naples Grande Beach Resort sign that's located beyond the two columns flanking the entrance. And as you can see, there's a picture of it in your application package. It's a really large sign. It's the maximum size that is permitted and it's lit also. And in staffs opinion, there was sufficient room to put the Strip House sign on the same sign. COMMISSIONER SCHIFFER: But my point is that since the Strip House sign does have a lot of detail on how it's lit and how it's -- you know. In other words, if that's not per code, there's nothing in what we're doing here that would allow deviation from the lighting, correct? MR. MOSS: That's right. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, a comment first. I think if you put a sign out in front of your establishment that simply states Strip House, you may have problems with code enforcement on another issuc. But at any rate -- CHAIRMAN STRAIN: Your speakers are off, I believe. COMMISSIONER SCHIFFER: Actually, they finally came on. COMMISSIONER CARON: The point I want to make, takes off on the point that you made, that 70 percent of their business is from some sort of street activity. But that's what advertising is for. And they are -- you are perfectly capable of pulling Strip House on your sign that you've already got and is approved and is the maximum that is allowed -- and should be including it in whatever advertising you do for the resort, and they should be including it in giving their location in whatever advertising they do for the Strip House. Having an ofT-site sign like this is -- I just think is totally unnecessary. MR. HANSEN: If! may comment on that remark? CHAIRMAN STRAIN: Sure. MR. HANSEN: Advertising is certainly a vehicle to generate business, as is direct mail or e-marketing or public relations or a number of vehicles that businesses use to generate sales volume. But in any of those vehicles to generate sales volume an address is normally listed or a location is listed so that people will know where to go. Without -- when people drive down Seagate Drive, there's no visible sign that says this is 475 Seagate Drive. You really don't see 475 Seagate. You don't see 475 until you actually make the right-hand turn. So the proposal is just simply to eonnect -- with all due respect, Commissioner, I'm just stating my thoughts here. The proposal is to just connect the advertising that will take place with when people are driving down Seagate Drive, oh, am I in the right location or am I in the wrong location? So that's the only purpose of that. Page 14 16 I 1 A5" October 2,2008 COMMISSIONER CARON: And the only thing that I will say to you that in no advertising that anyone will do for this restaurant will they say 475 Seagate, they will say the Strip House at the Naples Grande Resort. And everybody will know exactly where to go. That's -- and vice versa, I would think you would be doing the same sort of cross-purpose advertising. That only makes good solid advertising sense. MR. HANSEN: Commissioner, with all due respect, I wish everyone would know where to go. We've seen a tremendous -- not tremendous, but the Registry Resort was an icon in this community for 20 years. When we made the name change, six of 1 0 people I talked to didn't even know the Naples Grande Beach Resort. Now shame on us for changing a name of an icon that was so well known here. But it's not as known of a commodity as it was in the past because of the name change, therefore our thought of this additional communicative signage. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Good morning, Mr. Hansen. MR. HANSEN: Good morning, Mr. Murray. COMMISSIONER MURRAY: Just a thought. It seemed from your presentation that you may not have realized that some of this has to be fairly precise because of the way you pointed out that there's a curve to the property and it will be located somewhere by. Just as a thought to add to it, you have to be careful of your setback and your distance from any street area. So where you may have contemplated it may absolutely be wrong. I just ofler that, because you are going to go back to look at this, I'm quite sure. MR. HANSEN: Yes, sir. COMMISSIONER MURRAY: Thank you. MR. HANSEN: Thank you for that comment. CHAIRMAN STRAIN: Any other comments? Mr. Kolflat? COMMISSIONER KOLFLAT: I had a question. I don't know if this is for our attorney or staff. But if the medallion is removed from these pillars, these 14-foot tall pillars, is it still a sign, or does that vacate the problem of it being a sign? MR. MOSS: For the record, John-David Moss. It would not be considered a sign. It's the fact that those logos have the N on them, which is the logo for the Naples Grande Resort, that they're considered signage. So if we took them off the columns, the columns in and of themselves, no, they would not be problematic. COMMISSIONER KOLFLA T: Well then I find it difficult to justiry the rationale for having logos there in the first place, bceause as stated in the staffreport, the hotel is clearly visible from the roadway, and additional signage is not necessary for guest directional purposes. And to follow up on Ms. Caron's information there, although the restaurant is not visible from the roadway, the existing sign at the hotel main entrance is permitted a 60 square foot area, which is sufficient to advertise both the hotel and on-site steakhouse. MR. MOSS: You're absolutely right. And we just looked at them more likc architectural embellishments to those columns. And we thought the columns would look a little bit silly without any logo on them. But you're absolutely right, they're not indispensable. People could still find the hotel if those logos were not on those columns. COMMISSIONER KOLFLAT: As far as the appearance of those columns, that they would be unsightly and unattractive if they remained without this emblem, the logo on it, really the solution to that is Page ] 5 1611-AS October 2, 2008 take the pillars down -- MR. MOSS: That's definitely an option-- COMMISSIONER KOLFLAT: -- and then you eliminate the unattractive feature. CHAIRMAN STRAIN: Any there any other comments? MR. HANSEN: May] please comment, Commissioner? CHAIRMAN STRAIN: Sure. I have mine yet, but after you. MR. HANSEN: Thank you. Prior to me being here, I've seen pictures of the Registry Resort with a big R letter up on the side of the building which faces east. That R clearly designated the location, what that tall building was, or is. That R is no longcr there. So now we have a tall building, and strangers to the area, of which a large majority of our customers are, see a tall building, but they don't know what it is. There is no R, there is no N. There's nothing that tells what that building is until someone's literally driving down Seagate Drive. You can see those N's only because they're nine inches in square, only from about 50 yards from the entrance. You can see there's something on that column, but you don't know it's an N until you're about 50 yards from the entrance. So unless you are a citizen of Naples or maybe Collier County, you may know what that building is through time, but many, many, many of our guests, as you can imagine, are visitors for the first time coming from different parts of the state and different parts of the country. And we have no visual connection between a tall building and what that building is. I'd also like to point out that the Ritz-CarIton Beach Resort, also when you drive into their entrance, they clearly have an RC logo and then another RC logo to the right of their entrance and to the left of their entrance, and then a Ritz-CarIton sign. So there's some precedent here that there's a very similar design feature, not only with our resort but with other resorts in town. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Sir, in the beginning I thought I heard you say that you needed to identify the location of475 Seagate Drive. That seemed to be something I heard mentioned. Weren't the words Strip House -- there's no other indication on there that it's 475 Seagate Drive? MR. HANSEN: I mentioned 475 Seagate Drive, just because when normally you place an ad in the newspaper you would state the Strip House restaurant at 475 Seagate Drive, or the Naples Grande Beach Resort at 475 Seagate Drive. That was my reference to the address comment. CHAIRMAN STRAIN: Okay. Because this sign wouldn't help anybody find the address of 475 -- MR. HANSEN: No, yes, that's -- I agree with you, sir. CHAIRMAN STRAIN: Strip House is an unusual name. When I first read it I thought oh, my God, we're look -- we're going to be Orlando. Then my wife said they make meat. I guess people who eat meat know that strip is a steak of some kind. So I was a little shocked. I didn't know that. MR. HANSEN: It's a double entendre, I think is the play on words there that they're using. CHAIRMAN STRAIN: I thought I heard you also say that this is needed because when you come down Seagate Drive you can't see that this new facility may be there, the signage had to be up front. But by the plan that's on the overhead and where Seagate Drive is shown on the bottom, it looks like there's a straight visible shot all the way up to where that sign A is. Is that not a true statement? MR. HANSEN: No, sir, it's not. I think when I come back and I give a more accurate scaled drawing, you'll see that a person coming down Seagate, as you're driving down Seagate, you look straight into the public parking lot, the Collicr County parking lot. And until you literally make a right-hand turn, you really cannot see. Page 16 16 i 1 AS October 2, 2008 There's a better drawing. Thanks, John-David. You literally cannot see what you're driving up to. CHAIRMAN STRAIN: I drive by there every weekend, and I've never looked up that driveway. I guess I'll do that this weekend just to be sure. Because I just don't recall even looking for a sign. That's the only comments I had. Is there any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. And sir, I would suggest that you request a continuance so you can come back with further information. MR. HANSEN: Yes, sir. CHAIRMAN STRAIN: So if that's your request, does staff have any comment before we vote on that? MR. HANSEN: It is my request I could come back. CHAIRMAN STRAIN: Okay. MR. HANSEN: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Just a comment for John-David. John, were the ncighbors in Naples notified of this hearing? MR. MOSS: Yes. CHAIRMAN STRAIN: Okay, there's been a motion request for a continuance -- there's been a request. Is there a motion for a continuance? COMMISSIONER MURRA Y: I'll make that motion. COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Mr. Murray made the motion to allow a continuance, Mr. Schiffer made the second. I guess we won't peg a date certain on it. Whatever the date is, if it needs readvertising, staff will have to do that. If they'll come in and get reviewed and get here when it can. Any othcr discussion? (No response.) CHAIRMAN STRAIN: In all those in favor of thc motion of continuance signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMlAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONERMIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Any opposed? (N 0 response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you. That gets us through our consent agenda items, our advertised public hearings. Item #10 OLD BUSINESS Page 17 16 lIAS October 2, 2008 Old business. We have nothing listed. Item #11 NEW BUSINESS Under new business, I've asked to have added to new business the election of officers for this upcoming year. We need -- and we'll elect them separately. We need a chairman, vice-chairman and secretary. Does anybody have a motion for chairman? Ms. Caron? COMMISSIONER CARON: I suggest that we keep Commissioner Strain as our chairman. CHAIRMAN STRAIN: Oh, Mr. Schiffer? COMMISSIONER SCHIFFER: I'll second that. CHAIRMAN STRAIN: Well, thank you. Anybody? (No response.) CHAIRMAN STRAIN: Motion's been made and seconded for myself as chairman. Comment? (No response.) CHAIRMAN STRAIN: All those wishing to approve, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: 8-0. Thank you all very much. I appreciate that. I'll continue on. Then vice-chairman or -- yeah, vice-chairman it would be. Is there a motion for vice-chairman? I would suggest that Ms. Caron, who's been a very capable and patient secretary all these years should certainly have the ability to movc up to vice-chairman when it's open, and it has been. So I would make that motion myself. Is there a second? COMMISSIONER VIGLIOTTI: I second. CHAIRMAN STRAIN: Seconded by Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. Page 18 16 I 1 AS October 2, 2008 COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? COMMISSIONER MURRAY: Opposed. CHAIRMAN STRAIN: Caries -- opposed? Motion still caries 7-1. And now we're looking for secretary. Is there a motion for secretary? Well, Mr. Vigliotti, you're my first suggestion. Ifno one else has a suggestion, I would recommend Mr. Vigliotti. Does anybody want to second that? COMMISSIONER CARON: I second that. CHAIRMAN STRAIN: Ms. Caron seconded. Discussion? (N 0 response.) CHAIRMAN STRAIN: Hearing none, all in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MlDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you all. That's a fine slate. We'll move forward with a whole nother year and hopefully have a lot more fun as we're going into right now. With that, is there a motion to adjourn the first meeting for today? COMMISSIONER VIGLIOTTI: So movcd. CHAIRMAN STRAIN: Mr. Vigliotti made the motion. Is there a second? (No response.) CHAIRMAN STRAIN: Somebody second, please. COMMISSIONER HOMIAK: Oh, I'll second. I'm sorry. CHAIRMAN STRAIN: Ms. Homiak, your first motion of the day. Ms. Homiak made the motion to second. All those in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRA Y: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Page 19 16 I 1 A6 October 2, 2008 Anybody opposed? (No response.) CHAIRMAN STRAIN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:20 a.m. COLLIER COUNTY PLA;ml~rM . ISS ON . M~19STRAIN, Chairman These minutes approved by the Board on 10 h A)rJI. J ()K~, as presented corrected v or as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM (The CCPC-LDC meeting followed immediately after the regularly scheduled meeting) Page 20 Fiala Halas Henning Coyle Coletta 161 I-Px'J v/ October 2, 2008 TRANSCRIPT OF THE LAND DEVELOPMENT CODE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples. Florida October 2, 2008 If'- "."\"."..";;1:;' LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:20 a.m. in SPECIAL SESSION in Building "1''' of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Karen Homiak Donna Reed-Caron Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley (absent) ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning & Land Development Review Thomas Eastman, Director of Real Property for CCSD Misc. Corres: Dale: Item#: Page 1 Copies to 16 I 1 1\7 October 2, 2008 CHAIRMAN STRAIN: Now, good morning, everyone. We'll start all over again, but we will move into our second phase. COMMISSIONER KOLFLAT: Are we going to have the Pledge of Allegiance again? CHAIRMAN STRAIN: No, I think oflicially once is enough. We got that. We'll open up the next meeting. It will be a continuation of our September 26th LDC hearing, the 2008 Cycle I. And we'll start with the environmental, and I'm sure that Ms. Fabacher may have some opening comments. You had requested that you be allowed to, so please go ahead. MS. F ABACHER: I'm only saying that I have extra checklists here, if anybody needs one. You do? Okay. I've also printed extra copies of the three environmental that I think Mr. Schiffer and Mr. Kolflat had trouble locating. If they want a copy now, I have -- CHAIRMAN STRAIN: Well, I think the first thing we ought to do is make sure everybody is reading off the same page, same set of pages. And the first page we'd be starting with is Page 141. And this item is concerning listed plant species. And the most recent version date that we would be using today, I hope, is July 23rd, 2008. Steve, when you get a chance, verify that version date so we know we're on the right one. MR. KLATZKOW: I've got July 30th. CHAIRMAN STRAIN: You have July 30th? I love it when these things happen. Let me see if I've got a newer version. Well, mine -- the latest one I have that I'm -- I usually keep mine up pretty well-- is July 30th -- July 23rd. So -- COMMISSIONER CARON: July 23rd. CHAIRMAN STRAIN: You have July 23rd? County Attorney has July 30th. Catherine, what is the date that we're supposed to be using? MS. l' ABACHER: I'm sorry, Commissioner. Which one -- we're on 3.04.0 -- CHAIRMAN STRAIN: We're on Page 141,3.04.01, listed plants. MS. FABACHER: We should be using 7/23/08. Sometimes they --7/23/08. CHAIRMAN STRAIN: Do you know why the county attorney would have a different date? COMMISSIONER MURRA Y: I have 07/30. CHAIRMAN STRAIN: I'm sorry, sir~ COMMISSIONER MURRAY: I have 7/30/08. MS. F ABACHER: There were two dates. Sometimes if it came in a packet, then it had the publication date of the packet. If it came individually, then it had the new date. CHAIRMAN STRAIN: Well, on the top of Page 142, it says other notes version date. I'm going by those version dates, as we were told last time that's the one we should be using. And the July 23rd version date is the one that I believe I'm reading off of. MS. l' ABACHER: And that's the one that is correct. CHAIRMAN STRAIN: Pardon me? MS. F ABACHER: That would be the correct one. If anyone needs another copy, I have it. CHAIRMAN STRAIN: Well, I think, Mr. Klatzkow, it's kind of important that the county attorney have the right version. He somehow has the wrong version. So maybe you could give him one to follow along, and ifthere's any comparable notes in there, hopefully we ean pick them up a~ we move forward. COMMISSIONER MURRAY: Can I have a copy too, please? CHAIRMAN STRAIN: This certainly will be a rewrite anyway. So we'll have another opportunity Page 2 161 1.f6 October 2, 2008 to review it when it comes back. And for the benefit of Ms. Homiak, as we go through these -- and we will start out at our starting page, and we actually a~k if there's any questions, page by page by page, unless there's not a lot of changes to the page. But generally we go page by page. So as we discuss this, wc will turn to a page, we'll ask for any questions, and that's when everybody will indicate whether they have a question or not and we'll move on to the next page. Steve, did you want to make any opening comments? MR. LENBERGER: Thank you. For the record, Steven Lenberger, Engineering and Environmental Services Department. This amendment for listed plants comes from the change in the GMP. And I put it on the visualizer. And on the first one listed for listed plants, and what it says is the county shall evaluate the need for the protection oflisted plants. And that's what we did. We've had quite a few discussions on this topic. There are quite a few listed plants statewide. There are quite a few in Collier County. It's an unusual area and we do have a lot of them. Many ofthose are, though, only located in Big Cypress Preserve, Facahatchee Strand, way out in the far reaches of the county. So when stafflooked at this, we tried to look at plants which arc endangered, rare, which occur in the urban area, fringe area, which have a likelihood of occurring in that area as well. And that's the list that we produced, basically the ones listed in the amcndment. We did -- we also had discussions with a fcw consultants regarding the amendment itsclf. There is one little clarification we're going to add to the amendment where it starts off for listed plants. And I can show that when you get to that page, if you'd like. Also, when we produced the amendment, we went to the EAC, we went to a lot of different committees during this process, and we were requested to update the language for other listed species, particularly the gopher tortoise and the bald eagle. So you'll see amendments to that portion as well. And that came at the request of the EAC. There's also some corrections, scrivener's errors on the lettering and numbering. And that's basically my presentation. When you get to the page dealing with plants, I'll pop up with some corrected language we'd like to add. CHAIRMAN STRAIN: Okay. And with that, we will start on Page 141, which is the introductory page. Does anybody have any questions on Page 1417 (No response.) CHAIRMAN STRAIN: Steve, I've got one, and it involves the language in the GMP. And it says, the county shall evaluate the need for the protection of listed plants. I didn't see an evaluation in what you sent me. Where is the evaluation? MR. LENBERGER: The evaluation was looking at all the listed plants. There are quite a few. Many of them are only located in the eastern reaches of the county. There are quite a few others which can only be identified by experts. They're very -- CHAIRMAN STRAIN: Where is the written analysis? MR. LENBERGER: No, we haven't included that here. CHAIRMAN STRAIN: Here's where my concern is. Somehow this language in the GMP has morphed into a requirement for Land Development Code amendments to protect listed plants. When this came before us, my understanding was we'd evaluate it and if there seems to be a need. And I'm concerned that thcre's been no need proven beeause you've already expressed one of my major issues is that most of the plants are already on protectcd lands in Big Cypress or elsewhere. And we have wetlands that are already proteeted. We have nativc vegetation areas within developments that are already Page 3 16 lIftS October 2,2008 protected. Before I myself could even think of supporting this, this part of this program, is to know how -- what percentage of the listed species are within areas that are even threatened, if they're in existing native preservation preserves, if they're in jurisdictional areas, ifthey're in Big Cypress, if they're in areas that already have ample regulatory protection. What in the world does Collier County need to do with another regulation on top of all the other ones, especially one that involves hundreds of plant species? I don't know how anybody could figure out how to do a management plan or know what the additional cost to even analyze this would be -- which, by the way, was my next concern. Because obviously the study to now review all those plant species and determine if you have them, and someone, let's say, competent enough to know all those plants species from one another, and then drawing up a management plan from those on top of all the other management plans they now have to do, I haven't seen the evaluation that says all this additional regulatory level is needed. So that's why I was asking for it. If you don't have anything in writing, it was just someone's thought, then I'm more concerned. So that's a statement just for the record. MR. LENBERGER: We will include that in the amendment. CHAIRMAN STRAIN: With that, if there's no other questions on Page] 4 I, we can turn to Page 142. Are there any questions on Page 142? (No response.) COMMISSIONER SCHIFFER: Mark, I just-- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And it's not really a question, but what do you mean by commercially exploited? Are people going out and taking vegetation out of preserves and stuff' or -- MR. LENBERGER: The state lists plants according to three categorics basically listed there: Endangered, threatened, and commercially exploited. And commercially exploited would be that they're endangered -- one of the reasons they could be endangered is that of overharvesting or removal due to development, things of that nature. COMMISSIONER SCHIFFER: But that doesn't mean they sell too many of them. I mean, it sounds like it's somebody going in and taking something not -- MR. LENBERGER: Well, you can do that. A property owner can harvest those plants listed as commercially exploited from their own property. CHAIRMAN STRAIN: Any other questions on Page 142? (No response.) CHAIRMAN STRAIN: Steve, under A it talks about protected species, and then it says in the last few words, listed or protected by. Then you reiterate the regulatory agencies already protecting these plants. Again, I mean, each time I see this I just wonder, why we are adding more to our code when it's already covered by numerous federal and state regulatory agencies? So I don't know why any of that is needed to be added to this LDC section. That's my comment. And I know you probably don't have a comment back, but that's okay. MR. LENBERGER: Okay. Just an aside, the first statement there is dealing with listed plants and animals, not just plants. CHAIRMAN STRAIN: The animals, I know we have special management plans for some particular ones in Collier County. And that's fine and I agree we should have. I don't have any problem with that. But then adding this voluminous amount of listed plants and then putting that burden on a property owner who already has numbers of exactions right off the get-go, I don't see the regulatory need for it. And that's why that language on Page 142, any of it pertaining to plants, is concerning to me, so -- Ms. Caron? Page 4 161 1~ October 2, 2008 COMMISSIONER CARON: Should we, since we're -- we need to be talking about the plants. Should we skip over to Page 156 where they actually talk about what plants you want protected? And maybe you could explain to us then why -- MR. LEN BERGER: Sure, we can do that -- COMMISSIONER CARON: That's where it gets down to it. I-- CHAIRMAN STRAIN: Well, my recommendation for Section 3.04.03 is strike the whole section. But anyway, we certainly -- if you want to move there, then go back to 143, we can do that, if it helps understand it better. Steve? Okay, any questions on Page 156? Mr. Midney? COMMISSIONER MIDNEY: Yeah, this is just kind ofa follow-up. I see four rare plants and five rare plants for relocation, and then less rare plants, five more. So wc have a total of 14 plants, plant species? MR. LEN BERGER: Yes, that's correct. COMMISSIONER MIDNEY: It seems as though that's just not a very exhaustive number of the rare -- rare plants in the county. I'm just wondering how you came up with that number. MR. LENBERGER: We've had a lot of discussion with this through different committees, subcommittees, and the plants selected were those that were rare which had the likelihood of occurring in the fringe and urban areas. I can go by the reasoning to find the different plants. Basically the rare plants in the wild, you would rarely see the hand fern, the Simpson's Stopper, which is a hanUllock species, satinleaf and wild cotton. But we're not requiring them to be relocated, because the last three on that first section there, satinleaf, Simpson's Stopper and wild cotton are all available commercially. They're all wildly grown. And the hand fern is a very particular species; it only grows on cabbage palm and cabbage palm hammocks which have enough moisture. And if you reloeate the cabbage palm tree, it most likely would die. So we didn't feel that was appropriate to relocate that species. The second group of plants, rare plants for relocation are basically listed to epiphytic plants with two exceptions: That, Curtis' milkweed, which is a scrub species, and the West Coast prickly-apple, whieh is a vcry rare plant found in coastal barrier islands. All those plants should be able to relocate fairly casy. Granted, some of the epiphytic species could occur fairly high up on trees. My general opinion, though, looking at some of those other species as the clamshell orchid and the ghost orchid would probably occur further down in the canopy due to the increased moisture you would find in the environment they oecur in, which would basically be a hardwood swamp or cypress stand. The last group of plants, less rare plants, are plants you would find mostly in wetland areas, as the Chairman brought up, except for possibly the twisted air plant. Twisted air plant can occur in a variety of environments, evcn very xeric environments. But these are widespread throughout the county, but they're localized. And we've had diseussions with this at the EAC action, that they wanted to see relocation of these plants. So we tried to think about, well, relocation, what's practical. We put kind of a height restriction there saying, okay, up to 10 feet, relocate them. It's not difIicuIt for a consultant to take a ladder in there and to relocate within 10 feet off the ground any of those, partieularly if you have an appropriate habitat to relocate them to. That was trying to address the concerns of some of the people who put input into this amendment. COMMISSIONER MIDNEY: So you're mainly trying to relocate them within the property? Or where would you relocate them to if you didn't have an appropriate place within your property? MR. LENBERGER: You wouldn't be required to relocate them. Only if you had a suitable place to relocate them, a habitat where they would survive. For example, if you -- let's just say you had a cypress head and it was in the middle of your Page 5 161 If<7 October 2,2008 shopping center or wherever it may be. You had to eliminate that, but you preserved some nice quality pine flatwoods somewhere else on-site. Relocating these particular plants would probably not be suitable; therefore, we would not require their relocation. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: In looking at this section, you discuss obviously if they occur within a preserve you have to maintain them. You state that the rare plants for relocation and the lesser air plants, if they're in a development area they have to be attempted to be moved in the preserve and you give conditions for that. But what if it's a rare plant in a developed area? MR. LENBERGER: The rare plants, well, the first one being hand fern, would probably not likely survive relocation, so we didn't require it to be removed. And the next two, Simpson's Stopper and satinleaf are hammock species. If they were preserved in their habitat, that would be finc. If you're going to reloeate them, they'll probably die. They're available commercially, so we weren't requiring their relocation. Wild cotton is very sporadic on the coastal barrier islands. You would find it near coastal hanunocks, scrub areas. It's available commercially. But if you weren't going to save the area, it probably wouldn't survive relocation. We did have some concerns from some of the developers, thinking that you would have to consider protection of these plants when you selected your preservation areas. That wasn't the intent. That's not the intent of the compo plan, as was brought up to me by management. So we do have some language that was proposed -- it was proposed by two consultants. And that language is to clarify that. CHAIRMAN STRAIN: But Steve, just out of curiosity, how is this changing anything? Ifthey already are -- if they're going to create prcservcs on their property and if the plants fall within the preserves, they're to remain there. Okay, well that's what a preserve is all about. You're not supposed to disturb preserves. And if not, they don't have to worry about it unless they can and it might work. I don't understand why we're going to this great ambiguous kind of language for possibilities to protect things that are already seemingly very protected. Because I've not seen any evaluation or evidence that shows how many of these plants on a percentage basis aren't caught up into areas already protected in Collier County. MR. LENBERGER: I will include that analysis, but I will also answer your question. Let's just take for example the rare plants for relocation. The likelihood of these plants occurring on your property are very, very slim. They are truly very rare plants. And if you have them, you most likely would have one individual, maybe a couple. But it would be a very rare circumstance, and we would ask that you relocate them. They also have -- we have seen that these species, aside from the last one, which is very rare, I haven't seen that at all, it's on barrier islands; it could be out on one of the barrier island that I haven't seen. But other than that, they have occurred sporadically, very rarely in other arcas. The less rare plants do occur with some frequency, I will admit that. It was trying to address the concerns of the attendees in the stakeholders meetings. Some people wanted to protect all the plants, others didn't feel the need for the list to be that extensive. No one at the sub-committee level said well, we don't really need to do this at all. But it's an evaluation. We tried to reach middle ground, based on our knowledge of plants in the county. COMMISSIONER SCHIFFER: Mark, can I -- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. Page 6 16 \ l-kS October 2, 2008 COMMISSIONER SCHIFFER: Let me stay in that -- the point I was making. So the concern I had is you really don't clearly define what to do with the rare plants. I mean, the assumption, since it's silent, is that you -- in a developed area you could essentially, I don't know what the word is, but squish the rare plants n MR. LENBERGER: Right. We could clariry that in the amendment easily. COMMISSIONER SCHIFFER: Okay. So what I'd like to see, since this is pretty prescriptive, is that you do note that so that -- somebody could also take the impression that you're not allowed to do that, so -- MR. LENBERGER: Understood. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: The plants that you have in the rare particular -- and probably the other ones too, are those already protected by other government agencies in any way? MR. LENBERGER: The plants listed are protected by the state. The state doesn't restrict property owners from removing the plants. It's only when the plants become federally listed that it raises to a different level. And none of these plants are listed at the federallevcl, they're all listed at the state level. CHAIRMAN STRAIN: What does the state's protection mean then? MR. LENBERGER: The state lists them. And, for example, the commercially exploited, it restricts people from just going and taking plants. But it doesn't restrict property owners from doing anything they want to these plants. It doesn't restrict them at all. CHAIRMAN STRAIN: Okay. If that's enough questions on 156 from everybody, we'll move back to 143. Any questions on Page -- Ms. Caron? COMMISSIONER CARON: Well, I think I'd like to actually go back now to 142, because it would seem to me that you could totally simpliry that whole first general section by saying that the purpose of this section is to protect species in the county by including measures for protection, management and monitoring and/or relocation of endangered, threatened species of special concern listed or protected by Collier County, Florida Fish & Wildlife, U.S. Fish & Wildlife, Convention ofInternational Trade, and the Florida Department of Agriculture. Boom, boom, boom for bullet points, you're done. You know what has to be -- you know what is already required to be protected, you know what we're protecting, and then you're going to have a list at the end of ones that the county wants protected, right? As opposed to all this double language that Mr. Strain is concerned about, for one thing, that he's concerned about. CHAIRMAN STRAIN: Wcll, the problem is on A, it opens it up to a broader range ofliterally hundreds of plants. On Page 156 we narrow it back down to what we're -- COMMISSIONER CARON: 14-- CHAIRMAN STRAIN: -- really concerned about. COMMISSIONER CARON: Right. CHAIRMAN STRAIN: But if we keep the language in A that references all those plants by all those agencies, we've not reduced it down to the ones we seem to be concerned about. And I think that's where my concern was, so -- MR. LENBERGER: I'd also like to clariry, state regulations prohibit local govemments from just adopting the state list. You can select plants off it, but you can't just use that as a list to go by. You have to select your own plants. You can use that as a reference, which we've done, but just to c1ariry. CHAIRMAN STRAIN: If there was a stakeholder consensus, and I'm sure we'll find out more, and there is an evaluation done that shows the need, as the GMP requires, then selecting the plants that this county feels are worthwhile or particularly of concern is more reasonable than listing all the ageneies and Page 7 161 1~ October 2, 2008 their species that they list. That's where I think my concern was. I think Ms. Caron is trying to get there, too. But I would want to -- that's where the clarity seems to fall apart is between -- when you throw in these agency names and what they're protecting, I'm not sure it's just these plants then that this ordinance would apply to. So anyway, I think that's the -- you got a flavor from several of us on that issue, so I'm sure you'll have fun with it when you go to rewrite. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Steve, the list that we have in the back is all those plant materials covered in the other agencies? MR. LENBERGER: The plant list in the amendment is -- say that again? COMMISSIONER SCHIFFER: Are all those subsets of what the other agencies protect? MR. LENBERGER: They're listed in the state list. COMMISSIONER SCHIFFER: Okay. And are we allowing them to do any -- well, we couldn't, anything different than what the state agency's doing, so -- MR. LENBERGER: The state doesn't restrict the homeowner -- the property owner, excuse me, from doing what they want with the plant, because they're not federally listed. COMMISSIONER SCHIFFER: But we do now by making certain plants required to be moved and tried to be relocated then, that's what we're adding. Okay. CHAIRMAN STRAIN: What if a homeowner in Golden Gate Estates -- and we have a lot of unique property and untouched property out there -- wanted to build a home on their five acres or their two-and-a-half or their whatever, and they had a series of these plants in different spots on their property to a point that they could not build a home without taking out the plants. Would they still be able to build? COMMISSIONER SCHIFFER: That was my question before. Remember squished, I think that was -- CHAIRMAN STRAIN: That's the ref-- okay, that's where you were going with that? Because I just want to understand it. Because if you have a home in the Estates, you want to put your house towards the center of your property or back from the road, but there's a plant there, one of these plants, could you still do that, or would you -- or are single-family sites exempt Irom this, or is it -- MR. I,ENBERGER: We could include an exemption. I'd have to speak to management how that's addressed throughout this whole amendment, because there is language in here talking about different species, and it's less restrictive for homeowners. I know in some respects, for example, gopher tortoises. So I'd have to get with management on that to see how we can address that concern. Susan is here, maybe she has some comments regarding that. CHAIRMAN STRAIN: I just want to make sure that you think of that, because next time you come back, it would be an issue to make sure we're covered. I know my son took a bunch of cotton seeds, threw them around the house and around the yard, we have wild cotton now. So I'd be conccrned sincc you said it's so rare, but now I've got a whole yard full of it. MR. LENBERGER: Commercially available. COMMISSIONER MURRAY: Corner on the market. CHAIRMAN STRAIN: Not the same, but it does grow really well. If you haven't seen a cotton plant, it's interesting to see how those grow. Okay, we're back on Page 143. Questions on Page 143? (No response.) CHAIRMAN STRAIN: Under 3.A, you've added a sentence, then you want it -- should be included Page 8 16 I 1-1\0 October 2, 2008 on approved site plans. You know, that could get difficult, because site plans go through a process at the county that have to be modified if you change them. If you put these plans, when the monitoring plans require the names of people responsible, the management entities and all the other stuff, responsible people, those things change quite frequently. How do we put all that on a site plan and then be able to change it, if need be? Shouldn't it bc a standalone document? MR. LENBERGER: Preserve management plans are included on site development plans and construction plans for final plats, and we can include that here. CHAIRMAN STRAIN: I'm sorry? MR. LENBERGER: Because it pertains to final site plans for construction, site development plan and construction plans for final plats, we can clarify that. CHAIRMAN STRAIN: Okay. In the preserve management plans, do you require the entity who's going to be responsible to be listed? MR. LENBERGER: Yes. CHAIRMAN STRAIN: Do you require an authority who would actually go out and review the site and make sure that -- in all the HOA's that take over, like Lely or all the rest of the places, those HOA's now have to hire somebody to go out and monitor their preserves. Is that person a requirement to bc named in a preserve management plan? MR. LENBERGER: Yes, they do. And we have that as a separate amendment, preserve management plan, spelling thc critcria out. CHAIRMAN STRAIN: And if you do that and it now has to be put on this site plan, is that what you're trying to say is all that information has to be actually written into the site plan or on a sheet, on a set of site plans? MR. LENBERGER: On a preserve management plan as part of a site development plan or construction plans. CHAIRMAN STRAIN: But does it have to be written on the 24 by 36 sheets? MR. LEN BERGER: Yes. CHAIRMAN STRAIN: So any changes to the entities and people, how do you change them if they're written on a site plan that's submitted as a blueprint? MR. LENBERGER: That's why we propose language be n language as in that -- this is a different amendment now. This is preserve management plans. The current language says that the individual, whoever owns the property or the preserve manager, which is an environmental consultant, if that changes, the plan has to be changed. Originally that talked about changing the site development plan itself But later we got an interpretation from management that they can let us know in writing, and that would be included in the file and that would satisry that requirement. But since then we have changed the language in the proposed amendment for preserve management plans. CHAIRMAN STRAIN: Okay, when we get to that section, would you mind clearly pointing it out? What I'd hate to see is that we submit blueprints under a site development review and we have to put all this language there, and then if they make a small change in the entity or a different consultant, they now have a resubmittal for an SDP and that would be a monumental task for everybody to handle. MR. LENBERGER: And that's why we proposed the change. COMMISSIONER CARON: All right. So you are definitely saying that the way the language is proposed now you don't have to change your site plan, you just add like an addenda? MR. LENBERGER: Currently the way it's written the plan has to be changed. But interpretation Page 9 !~oLr 2,~~ from management says you can just give us a letter in writing setting the name change and that will be included in the file. So you don't have to change the plan. MR. KLA TZKOW: You can't go by interpretation. CHAIRMAN STRAIN: I was just going to say, we need to see that in the ordinance. If you're going to include it, we need to see it. MR. LENBERGER: This is current language. The proposed amendment does not have that. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: We need to understand that clearer when we get to the other one as well, Steve, so somehow that's got to coordinate back. I notice up above you changed -- it says indicates listed or protected. So you've added or increased the application by including protected wherever listed used to be. How impactfill is that? What does that physically mean? MR. LENBERGER: That was originally added by Barbara I think to address thc bald eagle concern. Because the bald eagle is delisted. It's a protected species, but it's not a listed. CHAIRMAN STRAIN: Is it the only protected species? MR. LENBERGER: No, there are lots of protected species. CHAIRMAN STRAIN: So now this triggers all kinds of unforeseen events, and we clearly said on the bald eagle element it should be only the bald eagle and not to screw around like this. So I would suggest we take out all that language that references n that you added that inadvertently brings in a whole pile of other things that was never intended. MR. LENBERGER: We understand your concern, but we received this amendment before we reviewed the bald eagle amendment, so -- CHAIRMAN STRAIN: Under B.ii, last sentence says, the Bald and Golden Eagle Protection Act in the l' AC, and it references a code. That's law. Why are we again -- so is the one above it for that matter. What is the purpose of restating it here? MR. LENBERGER: A references the agencies and the Acts. B on Page 143 are the references. CHAIRMAN STRAIN: Okay. But if they weren't listed here, would the property owners still have to abide by them? MR. LENBERGER: Yes, they would. CHAIRMAN STRAIN: Okay. MR. LENBERGER: If they're regulated. CHAIRMAN STRAIN: The redundancy is building our code into a n instead of 2,000 pages, it might be 4,000. I'm just trying to figure out how to reduce the redundancy, Steve. MR. LENBERGER: These were added to address the concerns of the EAC and to put the literature there so people can easily reference it. Are you suggesting strike the references section? CHAIRMAN STRAIN: Well, I'm just -- again, I'm trying to make a succinct code for Collier County to follow. And it's so hard to find things because we have so much irrelevant data thrown into the code like stuff that's already nlike stuff that's already covered by law anyway. I'm just wondering if the redundancy is necessary. Ms. Caron? COMMISSIONER CARON: Well, I think the references may be important, Mr. Strain, just because not everybody who looks at the code is going to definitely know, especially if you're an individual homeowner, that you might need to check with U.S. Fish & Wildlife on something here. At least it's referenced in there, it's not a -- it's just there for reference so that you don't miss something. CHAIRMAN STRAIN: I mean, I just -- it's still -- it's just redundant, and I'm concerned about the Page 10 16' 1 k? October 2, 2008 redundancy, so -- if we have to assume that everybody has to have it restated for them in different parts of our code for everything that may apply, we might get into a lot more references than we currently have, and I don't know if that's the right precedent to set. So I'm concerned about it. I only ask, can staff take a close look at it. Mr. Murray? COMMISSIONER MlJRRA Y: Somebody has a plot ofland out in the Estates or whatever, wherever these plants possibly can grow, and they come in and they'd like to build a home. That triggers a series of events. Is one of them automatically an inspection by anybody in your department? MR. LENBERGER: I believe the intent is not to regulate the single-family. So we're going to look at including an exemption. COMMISSIONER MURRAY: Who are you trying to regulate? MR. LEN BERGER: The code here is -- for the plants was aimed at development of property, whether it be a subdivision, commercial property, to evaluate sitcs. COMMISSIONER MURRAY: Yet you indicated that the banier islands, and they were very rare and they were out in the boondocks and you can't build there. So I'm trying to figure out -- I mean, I've been listening to what the chairman has been indicating and I couldn't agree more with him that this is crazy, that it is the building of the bureaueracy, quite frankly. I'm a little -- I'm aetually frustrated. MR. LENBERGER: And if this board wanted to say the evaluation doesn't warrant it, that's -- I will include an evaluation when we bring this back. In relation to your comments as far as plants occurring out in the far reaches of the county or on barrier islands, those areas do have ST overlays. They are scrutinized a little more heavily. COMMISSIONER MURRAY: I certainly understand the desirability of maintaining species, but I just wonder if -- because one of the things you said, it's not intended to be applicable to single-family plots, but basically the response you gave made it seem to me that it's possible that somebody would be prohibited from using their property. And I just -- I think it's just hard for me to understand this process. MR. LEN BERGER: The amendment allows for relocation, or -- if you have suitable areas on the property. Nowhere in the plan amendment does it say you can't build. COMMISSIONER MUIZRA Y: Okay. So in furtherance of that, if I have that single parcel, even though it's not intended to apply to me, somebody decides it applies to me, I'm now told that there is a certain type of plant that is on my property that can't survive with relocation. You mentioned one of them that grows on something else. Where does that put me? MR. LEN BERGER: You can develop your property. You can remove the plant. Therc's no restriction. COMMISSIONER MURRAY: So what's the teeth in it then? What is it we're doing? MR. LENBERGER: And you can argue that -- we've gone through a lot of different stakeholder meetings on this. All kinds of opinions. Staff is trying to meet some middle ground here. You can go with the idea -- and I understand if you want to give direction to say this isn't needed, that's your prerogative. But staff is trying to meet a middle ground with all the input we've received. COMMISSIONER MURRA Y: I'm not sure that staff needs to occupy the middle ground. I'd like to be in favor of something that has clarity to it. I'm trying to understand what it's intended to do then. The recitation, you know, let's not hurt anything, wondertul. But in rcality, what is it that happens if you do hurt something? And if nothing happens, why are we doing this? I'm sorry, I'm just confused. MR. LENBERGER: So you're -- CHAIRMAN STRAIN: Go ahead, Bill. Page 11 161 lAS October 2, 2008 MR. LORENZ: Yes, thank you. For the record, Bill Lorenz, Engineering and Environmental Services. I think the intent here is to deal with the listed plants when we have a development activity that translates essentially into a preserve area. Because as you notice, one of the first emphasis is to relocate on-site a selected set of plants into a preserve area. The preserve area is going to have a preserve management plan. It's going to have some degree of maintenance and follow-up over time to ensure viability of the preserve and what's in it. So one way of thinking about the applicability is to those developments that translate into preserve area. I certainly don't envision -- and we can c1ariry the language. And I think this seems to be the direction from at least some of the comments Iyom the members, that it should not apply to single-family residences. And one of the reasons is, is because single-family residents do not have the capability to relocate into a preserve. They don't require a preserve on-site. So what we're trying to do is we're trying to fit a little bit of a gap whereby the state does not require property owners any degree of restrictions for either relocation or preservation of a select listed plants that we have in this amendment. But that in a development -- for a development where there's a preserve for the -- at least for some of the plants, that there is a -- there is some degree of requirement to relocate those plants into the preserve. And that's kind of -- that's the outline I would say is the key points that we try to work through the stakeholders group and then apply here as a recommendation. CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: Why couldn't you say that in one paragraph? CHAIRMAN STRAIN: I was just going to -- I'm writing that down right now. COMMISSIONER CARON: I'm serious. Bill, you just said it so specifically. Here's what we want to do. We want to make sure that if you've got a development with a preserve on it and we find other of these plants that we've listed in the back, these 14 plants, we'd like you to relocate them there. I mean, this is one paragraph, not pages and pages and pages. I mean, it's a very simple thing that you're trying to accomplish. And you've picked the 14 plants. And you just want to get them relocated into the preserve that's already required. CHAIRMAN STRAIN: If you want a bite of the apple, you probably have an opportunity to get it. But if you want to swallow the apple whole, I think that's going to be a problem. Same thing happened with the bald eagle thing. Instead of addressing the issue at hand, you tried to address the whole thing and you risked the whole thing being flushcd down the proverbial toilet for an item that you never needed to go into. And we're suggesting you be a little more concise and precise here and it might be palatable versus that. I think we need to take a break 'till 0: 15. We'll come back, and I have still two more questions on that page. So, okay? (Short break.) CHAIRMAN STRAIN: Okay, everyone, would you pleasc resume your seats and we will go back into this high speed discussion. Cherie', don't worry, it's not going to be that fast. Okay, we left off on Page 143, and Steve, I think I just had one or two remaining questions. Under three, thc title says management, and the words and monitoring plans were added. You may -- I've read so much lately, I can't rcmember it all until I get to my notes. Have you laid out what a monitoring plan is and the requirements of a monitoring plan? Page 12 16 I 11\<7 October 2, 2008 And if so, why won't we just include it as part of the management plan that the management plan has to have monitoring aspects in it, and keep it simple instead of having two separate plans. MR. LENBERGER: They're not separate. It's a subset of the preserve management plan. As all the preserve management plans we review, there's always listed species components built into it. It's not a separate plan, per se. CHAIRMAN STRAIN: But couldn't the preserve management plan, because the species are supposedly in the preserve, wouldn't you want -- why couldn't the monitoring aspects ofthat piece or whatever be part of the preserve management plan? MR. LENBERGER: It is. CHAIRMAN STRAIN: Okay. Then do we need to have the words and monitoring referenced? You want preserve management plans, right? MR. LENBERGER: Monitoring is a component of it. To clariry. CHAIRMAN STRAIN: Well, just like the methods of revegetation, the methods of preservation, management, burnot1i; and things like that are all components of it, but we don't have a burning plan or a weeding out plan or a cutting dead tree plan, we -- why don't we just call it all -- see, here's what can happen. A consultant who wants to make more money, and there are plenty of those out there; I don't mean in this room, gentlemen -- could say well, I'm going to charge you 1,000 bucks for a monitoring, and oh, by the way you need a monitoring plan, that's another 1,000 bucks. I'd rather it just said look-it, we need a management plan, the county already has put everybody on notice it's got to have the monitoring in it as wcll. And I just saw the consultants cringe, beeause they know they just lost hal f their fees. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: Suggestion on that is that what if you just use the -- made the word plan singular. You did that in the general requirements I think. Then that just -- and there's a couple places you might want to knock the S oflofplans so that it's a management and monitoring plan. MR. LENBERGER: Oh, I see what you're saying. COMMISSIONER CARON: Yeah, that would work, yeah. MR. LENBERGER: That would work. CHAIRMAN STRAIN: Okay. Okay, then that would take us to Page 144. Questions on Page 144? (No response.) CHAIRMAN STRAIN: Under F, Steve -- go ahead, Ms. Caron, I'm sorry. COMMISSIONER CARON: I'm sorry. Some of the same that we've already discussed. CHAIRMAN STRAIN: Right. But I had something different. Under F it says, all preserves with listed or protected species on-site. or when a site is known to be a foraging habitat for listed or protected specIes. Well, all preserves are foraging for something. So most dubitably any particular species could lay claim to all the preserves in the county. So I'm not sure that that's applicable, I mean, that works the way it's written. Because basically you're saying whether there's a species there or not, you want a monitoring plan for one, because the preserve could be foraging habitat, which a bird landing in it means it's foraging habit (sic). I'm just not sure that -- I'm not surc how this works, Steve. MR. LENBERGER: I'll get clarification from management on this one. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: When they do the -- you know, the evaluation of species when the Page 13 !c~b~r 2, 10~ environmental eonsultant comes in and they spend a few days counting the species, they count not just the ones that are actually there all the time but they're on the lookout for species that might be just coming and foraging and leaving again. But it says is known to be foraging habitat. So I think that would sort of reduce the possibility that you could just try to catch everything that might -- any bird that just might fly over. You're talking about is known to be. And since these things are evaluated by environmental consultants, then that would sort of catch that, I would think. CHAIRMAN STRAIN: Well, my concern is if there's a tree in it, trees are known to have birds stop and roost in them. So now all of a sudden we have a habitat that is known. I would rather that we didn't give it the broad language. If the intent is like you say, only those species identified in an EIS or by an expert that was on-site, fine, limit it to that. But let's not open it up to something that wasn't specifically identified; otherwise you could have monitoring programs required for all kinds of species on any kind of preservation land. Go ahead, Susan. MS. MASON: If I might say something. This whole section doesn't apply just to the preserves, it's to the evaluation ofthe development when it comes in. It's information that's going to be used to evaluate where a preserve location would have to be if there needs to be roadway and sign things. And when I read when the site is known to be foraging habitat, that would be the type of thing that either the environmental speeialist for the county observed something on-site or it was docnmented in a wildlife -- a listed species survcy on thc site. That's how it would be known, not -- or through other data, whether it's through mapping that might be from the Wildlife Commission or Wildlife Service or somcthing like that. CHAIRMAN STRAIN: Well, ifit needs to be clarified, maybe that helps. Ms. Caron? COMMISSIONER CARON: Yeah, because it is only for the listed species, so-- CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: It's not every bird who lands on a tree anywhere foraging for anything. CHAIRMAN STRAIN: This says listcd or protected, so we're removing the word protected -- COMMISSIONER CARON: Right, we've already been through protected. Wc asked them to take out other than the bald eagle, that it just be listed species other than the bald eagle. CHAIRMAN STRAIN: Okay. And so you're going to remove the -- I don't need to keep telling you to take out the added references -- MR. LEN BERGER: No, we'll go through the whole document. CHAIRMAN STRAIN: Okay. Any questions on Page 145? (No response.) CHAIRMAN STRAIN: On number five it says, the management plan shall include both qualitative and quantitative baseline information that describes existing conditions. What do you mean by that? MS. MASON: The information that would be required would be -- the qualitative would be description of like the type of habitat that's on-site. And quantitative would be more the acreage, number of burrows, number of estimatcd tortoises, inf()rmation like that. CHAIRMAN STRAIN: Okay. MS. MASON: I didn't write that language, so I'm not really surc if it needs to -- ifthat's a reference to the draft or the approved Wildlife Commission managcment plan. It may be some language that was Page 14 161 1~ October 2, 2008 taken directly from that, because I think a lot of their requirements were added to ours, since it changed our requirements. CHAIRMAN STRAIN: Where is the EAR-based amendment that would pertain to this sentence? MR. LENBERGER: As I mentioned earlier, the EAR-based amendment strictly was for listed plants. The update of the gopher tortoise and bald eagle information came at the request of the EAC. CHAIRMAN STRAIN: Okay, but what did the BCC request? Didn't they recently suggest that they wanted to see only amendments coming forward that were required or actually assisted in endeavors for business, not created more regulatory amendments? And I'm just wondering how this -- is this something that meets the guidelines of what's supposed to be part of this cycle now after the diseussion the BCC had about a month or two ago? MR. LENBERGER: Understood. I would have to let management respond to that. CHAIRMAN STRAIN: Beeause we started out today, and it's titled listed plants. And you show us an ERA item that says evaluate, which by the way, without the evaluation I'm not even sure why we're discussing all this stuff. But thcn we get into the -- it says with the evaluations done, it would assume that you would look at an adoption into Land Development Regulations addressing the listed plants if the evaluation was successful. That's why I'm puzzled as to all the other references I find in here that have nothing to do with listed plants or than the item of the CCME. I'm not sure how they got therc. I'm do know that the BCC provided direction to staff not to bring things forward that didn't pertain to certain criteria. I just want to make sure we stick to what they stay. Mr. Schmitt is coming up, maybe he's got something to offer. I think he was right there the day they did that. MR. SCHMITT: Well, let me -- for the record, Joe Schmitt, Administrator, Community Development. You need to understand most of these and a lot of these amendments started long before that guidance was sent to staff. And these amendments have been -- were started early spring, they've been through several review committees, been through the EAC. The language, the board provided guidance, but the guidance they provided was basically general in nature. These amendments were in process and being sent through the various committees. So just summarily to apply that rule, we'll take your comments and forward them. CHAIRMAN STRAIN: Oh, no. I'm just trying to understand what their intent was. It seems to me that they expressed that intent in the middle of the process, understanding full well where the process was. And if they didn't mean it to apply at that point, then why did they say it? That's what I'm kind of -- MR. SCHMITT: To be frank, we didn't really get specific guidance. They discussed a letter that was sent to them by the DSAC. It was discussed at the meeting. And yes, they voted and basically gave a nod to discuss that. But we were already in the middle of this cycle, and in fact since then we've had two other amendment cycles being proposed. We're in the middle of a sign ordinance amendment cycle as to comply with a court order. We're also -- we're directed to come back and amend another mnendment dealing with boats allowed in front of residential properties. And there's also now another amendment cycle being requested involving properties in Immokalee. So I know what they said, but like I said, this amendment cycle was well in hand and well underway. And I mean, if you have problems with what's being presented, some of these are -- most of what you have are EAR-based. Some of it is intended to clean up and provide specific guidance in regards to the environmental standards. And if you disagree with that, we'll take your comments and forward them. Page ] 5 161 lPEJ October 2, 2008 CHAIRMAN STRAIN: Joe, Ijust want to make sure that this commission, just like staff, follows the direction that we're given by the Board of County Commissioners who we have -- we actually respond to. So I want it clear for the record that you believe this is not in objection to anything that they explicitly would want. That's fine -- MR. SCHMITT: Well, it may be. I can't categorically state that. It may be. It's just that this amendment was already in process. And I did not go in and take out of this cycle amendments that were already in process and that had already gone through the EAC, had gone through the DSAC and have been through your committee, or at least -- don't forget, you were scheduled to complete this cycle, i[I recall, the 28th of August was the last date. And -- CHAIRMAN STRAIN: Well, I would suggest for your department's benefit from here on out, don't ever think we're going to go through these fast again. We're not going to. There were too many mistakes in this one that -- I know not all of the staff consider them mistakcs. But there are too many unseen consequences that we'vc heard already on the ones we sent back for re\\orite that had they been implemented there's no telling what would have happened. MR. SCHMITT: And I fully respect and certainly thank you for your input on that. That was one of the things I stressed to the DSAC specifically, they're the practitioners, many of the DSAC members are the practitioners who apply these. And just as I stressed to this panel, I asked to make sure we review these things so they are amendments that we can implement. Because certainly the staff: when they prepare these and they go through legal review, they kind of go through a different prism and they're looked at differently. I'm concerned about the application and the implementation. And I truly appreciate, and I expressed that to my boss as well, saying we may not get some of these to the board until spring because of -- I want to make that what we present to the board can be -- are understandable by the industry and certainly can be applied. CHAIRMAN STRAIN: Right. And I think we're all in agreement with that, and that's why we're taking our time and trying to ferret out every question. So thank you, we will continue. Steve, there's the last part of that sentence that was added that says, remedial actions, ifproposed activities do not achieve desired results in an estimate of annual management budget for the site. Okay, remedial actions if proposed activities do not achieve desired results. What are the proposed activities and what are the desired results that you're referring to? COMMISSIONER MURRAY: Sentence doesn't even make sense. MR. LEN BERGER: I can't answer the specifies to that. I didn't prepare that language. But I can say this is in a context of a preserve management plan. You're producing a preserve. Preserve may be all or a portion of the habitat for the listed species. There may be impacts to some of the listed species on-site. And some of them may have a detrimental cffect or an effcct on the listed species. So it appears to me that this has tried to address those things that could happen. And -- CHAIRMAN STRAIN: Well, but it's saying remedial actions. So that means someone's going to have to spend money to fix something that broke. And I'm just wondering what is it that you think is going to break and how do know that it did not achieve the resuIt that it was intended to be and it broke? How does that all happen? And I think that needs to be either explained or something, because I don't understand it. MR. LENBERGER: I'm trying to think of an example. Let's just say you wanted to put a trail through a pine flatwoods with RCW cavities and that trail had an effect on the root system of the pine trees and it died. That would be something that we would look at. Suppose you had a trail system where quite a few pines were dying and it affects the foraging Page 16 16 I 1~? October 2, 2008 habitat, what kind of effect that would have. CHAIRMAN STRAIN: Before you go too far on those examples, it says remedial actions if proposed activities do not achieve desired results. So you're saying if we had a -- if we're going to put a trail in, our activity would have been to do what in regards to the desired rcsult? I don't understand how your example fits. MR. LENBERGER: I'll defer to management on this. MS. MASON: If you refer back to the beginning of the new language where it talks about after the baseline infonnation of existing conditions, there's goals for future management actions and specific activities to be implemented. Remedial actions would kick in if you intended on managing the prescrve this certain way and in your -- the applicant's best estimate the tortoises would have adequate forage on-site but that didn't happen. There was a die-off, whether it was related to changes in stormwater that weren't anticipated or a fire or whatever might happen in that preserve, that they would have a remedial plan on what they would do if their goals were not met. And that might be maintaining the number of average gopher tortoises on-site or it might be an estimated increase in habitat or forage. And if they come in and do monitoring and there's less forage available, to come up with a plan on how to stop the slidc and perhaps turn it around and not just keep replacing -- sometimes we get into thesc preserves where people just keep replacing things over and over and they keep dying. That's not benefiting anyone. You're not getting a viable habitat, and the owner of the property is spending a lot of money. So ifthey come in, propose new actions and it works for that, then overall it's less expensive for them and you get the desired resuIts from your management plan. CHAIRMAN STRAIN: Well, just like you're suggesting in the first part of that sentence to inelude qualitative and quantitative baseline information, I think you should have something that is that factual in regards to what remedial actions and proposed activities do not achieve desired rcsults. That just seems like a very ambiguous section of wording. I'm trying to understand what you're trying to clarify that with, but I'd feel better if it was clearer at all -- Mr. Murray. COMMISSIONER MURRAY: Not to pick on Steve, but the example you used, Steve, about a trail going through and then a tree dies off: then thc red-cockaded woodpecker doesn't have a place to sleep at night. If you had to rcplaee the tree, there wouldn't be a nest and the red-coekaded woodpecker would be gone, wouldn't it? MR. LENBERGER: Yes, it would. If there were no other nests, it would probably disappear-- COMMISSIONER MURRA Y: Right. MR. LENBERGER: -- unless it had starter holes. COMMISSIONER MURRAY: So in that sense remediation will not have achieved anything. And again, I recognize you were trying to find an example, and I'm not trying to embarrass you or say anything negative. But I think it points out, though, that in an attempt to try and broad -- you know, shoot it with cannon, it becomes difficult to really even sustain -- it counters that examples pcople could give you -- people can give you that that initiates argument. And of course that's not what you want to achieve. And so, you know, the remedial actions -- I listened to what Susan said. And okay, sounds good. But would the qualitative and quantitative baselinc givc you your starting point? MS. MASON: It would give a starting point. However, it also requires some goals. Most of the time gopher tortoise habitat that's put in preservation isn't in ideal conditions. There's work that needs to be done to bring it up to a better standard. So that would be -- you've got your baseline would exist today. You comc up with a plan on how you're going to improve it. And then if that plan doesn't work, the -- I think -- you know, I certainly am Page 17 16 I 1 ItS October 2,2008 open to some suggestions, but I think the remedial actions proposed are really almost by definition going to have to be somewhat vague. Because the consultant and staff are going to review this with the intention of getting a plan that functions properly. The remedial action is a fallback ifit doesn't. And it would allow them to -- if they have a plan A, plan A doesn't succeed, but they don't have to come in, modiry the approved management plan to try to implement plan B. So it in a way would be easier on the applicant and consultant to just be able to fall back on this, rather than having to reapply, have us review their proposed changes. The more -- as these things go on, I think they might have more templates that would work under most conditions. But since this is newer, things will need to change. And this will give people an opportunity to try to get as much information in an approved management plan for gopher tortoises. And that was one of the things I wantcd to mention. I know Steve did give an example, but that was just a general example of trying to do remediation. This section just applies to gopher tortoises. So it would only be for gopher tortoises. And they -- I guess I would take some suggestions -- COMMISSIONER MURRAY: I would say to you that time is a faetorthat's obvious but not qualified here effectively. Because when you speak of remedial action, what's the predicatc for it? When will it first be evaluated at the initiation point? When will it be second evaluated? When will it be tertiarily evaluated? You should qualiry it a little bit further. I understand your intent with qualitative and quantitative, but perhaps some examplcs might lend it some clarity. CHAIRMAN STRAIN: Steve, I mean, I think we've exhausted 145, so we'll probably move on. Something just I wanted to mention to you when we got back from our break. About a week or two ago we had requested a clarification of a base number used on a Growth Management Plan amendment by a private party. They came back with a response that the expert company, the owner of the company decided that the number that was used was the right one to use. When you come in with your evaluation, I would -- personally I would rather sec not just your opinion or those of your departments that the evaluation was shown a need, I'd like to see how you -- what the quantitative and qualitative analysis wa~ that proved the need. So I wanted to make that clarification to you before I forgot and moved on. MR. LENBERGER: You're talking cost-wise, is that what you're -- CHAIRMAN STRAIN: No, I'm saying I know you earlier said your department or you guys believed there was a necd for the protection of listed plants. That's not an evaluation under what I would think is required. Just like we wouldn't accept -- and I think it was Hank Fishkind's opinion that commercial should be allocated at 2.0 for the county. We said we wanted to see back-up data, we wanted to see agency reports, something that substantially stood up to that 2.0. They never produced it, that I know of. Same kind of here, I don't want to see you or one ofthe members of your department say well, we've evaluated it and wc bclieve it's needed. No, I want to see your percentages, I want to see your studies, I want to see applications where you can show and prove that it's needed so that we even know that this protected -- or EAR amendment even kicks in. Then we -- I certainly would feel more comfortable with reviewing this. So I just wanted to make sure before I forgot that that point was made. Page 146, are there questions on Page 146? COMMISSIONER MIDNEY: 1 do. CHAIRMAN STRAIN: Go ahead, Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: On 7.A, you talk about desirable criteria of five feet to the water Page 1 8 16 I l-kS October 2, 2008 table and well drained. What percentage of the year? Because usually when they talk about soils, they say that this soil is -- you know, the water table is at such and such for so many months of the year. That's not a constant thing. MR. LENBERGER: Yes, there's no indication if it's a wet season water table. I assume Barbara took this out of the state plan, so I can't answer your question. But it probably should indicate what time of year. It has water depth -- the depth to water table at 1.5 feet or greater. I guess that's a minimum that at least has to have at least 1.5 feet. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, mine's on 6.f, the top of the page. What kind of fencing are we talking about here now? Because you're adding some requirements that the fence has to protect tortoises from being killed by people. I mean, what is the expectation, and what kind of fencing are we talking about here? And since this is now bringing in the requirement that it has to be a permanent fence, what are we looking at here? MR. LENBERGER: I can answer general context. Like I said, I didn't prepare these areas of the code. But generally temporary fencing is usually some sort of chicken wire type fencing dug in the ground to prevent tortoises from burrowing underneath and lined with some kind of a turbidity cloth to prevent the animals from going through, trying to go through. Permanent fences that I have seen mostly consisted of small chain link fences or walls, sometimes in the case they put a little wall in to retain the animals. That's what I've personally seen. COMMISSIONER SCHIFFER: But is this bringing in the requirement to do that or is that in there someplace else? In other words, is there a requirement that you have to wall off' the tortoise area? MR. LENBERGER: No, there's no requirement now. I understand the reasoning behind it, you know, to prevent them from running into the road and disappearing or -- and they're also sensitive to being disturbed by -- as it says there, neighborhood dogs. As a matter of fact, people say to me there used to be tortoises here, my dog used to run up to them all the time and then they disappeared. Well, a certain amount of disturbance like that, they do disappear. They can't take that on a continual basis. So I understand the reasoning behind this. Whether it needs clarification or not, I'd look to management for some direction there. COMMISSIONER SCHIFFER: And my question really is, what kind of standards do we have? For example, is the intent here to surround the tortoise preserve area with a fence, in which case that tortoise wouldn't be able to leave? MR. LENBERGER: Well, there are some preserves that are like that, which are completely surrounded by development. Generally speaking, though, if an area that's adjacent to some natural open areas, whether -- let's just sayan FPL easement, for example, tortoises naturally go to those areas because they have herbaceous groundcover to forage on. So in that case you wouldn't want to restrict their movement into those areas. I think it's mostly intent to where it's needed to protect these animals from being killed or harassed. COMMISSIONER SCHIFFER: Anyway, my guess -- to sum it up, my question, this seems a little vague and -- in other words, how would somebody determine whether they need it? How would they -- if staff says they need it, there's nothing here that they could say they don't need it from. So just some sort of standard, some -- MR. LENBERGER: Criteria, yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Steve, are people prevented -- are they told not to go into preserves? Are they prohibited from going into preserves? Page 19 16 I 116 October 2, 2008 I mean, to your knowledge are they -- is that something that there's signs or anything, cannot go into the preserves? MR. LENBERGER: They're posted as protected area~. The reason they're posted is to identiry them as a preserve -- COMMISSIONER MURRA Y: Right, okay. MR. LENBERGER: -- and prevent encroachments from like lawnmowers and -- COMMISSIONER MURRAY: Got that. MR. LENBERGER: -- dumping debris. COMMISSIONER MURRA Y: Okay. MR. LENBERGER: Generally we promote through tail systems to use preserves. Some preserves don't have any trails -- COMMISSIONER MURRAY: You're answering more than I want to get. Just give me -- be patient with me. MR. LENBERGER: Okay. COMMISSIONER MURRAY: My concern is if the preserve is part of a development, somebody has responsibility for the preserve. Generally the neighborhood, right? If you put a small fence up, you create a tripping hazard. Has anybody even given consideration to the consequences ofthat? MR. LENBERGER: There should -- COMMISSIONER MURRAY: If you're advocating something that can cause a human being injury, and while I don't want to see a tortoise die, I think that the neighborhood -- foisting on the neighborhood a significant -- potentially significant responsibility, something that needs to be thought out. You would agree? MR. LENBERGER: Yes. Generally we consult Ray Ashton, who's an expert on gopher tortoises, and he encourages the use, having public access for the appreciation ofthe preserve and the animals in there. And he recommends having gates where people can access it. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Any other questions on Page 146? (No response.) CHAIRMAN STRAIN: Steve, back on F. MR. LENBERGER: Did you say F? Okay. CHAIRMAN STRAIN: Yeah, same one. This construction fence I understand. But the permanent fence is a concern, because I -- first of all, the cost and the maintenance, whether it's a -- ifit's a block wall two or three block high, if it's a chain link fence, whatever, there's a huge cost on some of the sizes ofthese preserves. Second of all, but more importantly in regards to how we got these preserves even sold to the development community to begin with, was that they could be incorporated as part of an asset to their development for as a view amenity. I mean, we're doing just the opposite. Example: Tor daughter's house over in Olde Cypress, they're fighting over setbacks on a preserve now. Would they even be arguing over it if they had a wall behind their house that didn't give them a clear view of it or a chain link fence that prevented them from really seeing it in whole? So I really don't think this is a good idea. I think in the end we end up losing more land than gaining it because it turns an amenity to a development site into a negative. And I think the development community as a whole would probably have a bigger problem with that than even trying to make the preserves better in other ways. Page 20 161 lA-S October 2, 2008 So that aspect of this is a real concern, and I wanted to express it to you because Ijust don't understand. As far as dogs harassing and killing gopher tortoises, well, we have coyotes and we have racoons and we have other animals out there that do the same thing. And how you're going to stop all of them, I just don't know. MR. LENBERGER: Just a clarification on that point. I didn't say killing. But anyway, coyotes and racoons will naturally investigate. If a tortoise is a very small youngster, it could be eaten by it. That's a natural thing. We're talking repetitive, a dog in there every day, going up to it, pushing it around with its nose, that type of thing. That's what I was referring to. Wild animals will see if they can eat something, but they're not just going to go and play with it as a dog might do. That's what I was referring to. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I'm just wondering if the intent here is for something more specific and we haven't gotten the language correct. In the City of Naples, just south of the Coastland Mall, there is a preserve area which is used for gopher tortoise habitat. It's off-site and a lot of people use this. That habitat, when it was originally ereated, didn't have any fencing around it. What they found was as they kept adding tortoise on here using this off-site mitigation area, was that 10 and behold, the tortoises decided to cross 41. Not a good thing, because most of the people going down 41 weren't stopping for them. So they put up this little fence around that piece of property to keep the tortoises in the preserve area that they wanted them in. Is that really all you're trying to do here is for situations like that? MR. LENBERGER: Yes, that's what we're trying to do, trying to look out for the safety oftortoises where we think there's a likelihood that they will be subject to harm. COMMISSIONER CARON: So somehow I think we again nced to simpliry the language and get back to what the real issue is at hand and try to figure out the best way to do that, and not try to make it so overarching that somebody thinks that every preserve everywhere has to have now a gopher tortoise fencing around it. Maybe that is appropriate, maybe it's not. Maybe only a two-sided fence is appropriate, just to keep them going the way that we want them to go. I don't know. I think it was good that you used the word may after remain after the fact. I think that does give staff and petitioners some latitude in figuring out exactly how you want to direct the tortoise habitat. But maybe we just need to, you know, again refine some of that language. CHAIRMAN STRAIN: Okay. And my last comment on Page 146 is an experience that I've had many times in doing due diligence on property locating gopher tortoise burrows. And there's a lot of them out there. Many times they'rc in places you would least expect. And many, many times they're in places that don't even come close to the descriptive language that we're now considering as habitat under 7.A, B, C, D andE. Farm field embankments, for example, have gopher tortoise burrows almost on a regular basis. Back yards of people in the Estates have gopher tortoise burrows on a regular basis. Mowed, cropped areas, areas without undercover. I'm not sure what a forb is. It sounds like something from Star Wars but -- so maybe you could tell me what a forb is. What's a forb? Does anybody know? COMMISSIONER MURRAY: It's not a legume. CHAIRMAN STRAIN: It says legumes and -- oh, when you said lagoon, I thought you were thinking of -- Page 21 16 I lk? October 2, 2008 COMMISSIONER MURRAY: No, legumes. CHAIRMAN STRAIN: That's I think is-- COMMISSIONER MURRAY: That's a bean. CHAIRMAN STRAIN: -- some kind of root. COMMISSIONER MURRAY: No, that's a bean. CHAIRMAN STRAIN: But a forb -- it's a bean? COMMISSIONER MURRAY : Yeah, legume is a bean. I have never heard the word forb. CHAIRMAN STRAIN: I don't (sic) either. I don't know what a forb is. And it's appeared twice. The next page has got it, too. MR. LENBERGER: Herbacious vegetation other than grasses. CHAIRMAN STRAIN: So a forb is anything but a grass. MR. LENBERGER: I'd have to look up the exact definition. MR. KLA TZKOW: There's a dictionary definition of it, are herbaceous flowering plants that are not graminoids. COMMISSIONER CARON: That was helpful. "Thank you. CHAIRMAN STRAIN: It sounds like a code. What's a graminoid? MR. KLATZKOW: We'll put that in the administrative eode. MR. LENBERGER: Graminoid would be the grasses. CHAIRMAN STRAIN: Boy, I hate to see Cherie' trying to spell all these words. My point was that, you know, leaving the languagc that was there to me covers a lot more areas than trying to make the Port Royal of gopher tortoise habitat. And I'm just not sure it's all needed. So I like some of it where we're talking about a minimum aereage. I think that's a good idea. I think we need more study to make sure we have the factual data that supports the area like the qualitative and quantitative analysis. There are good points in some of the changes, but quite a bit of it is going beyond what I think it needs to be. And Ms. Caron kind of summed it up earlier. Go ahead, Ms. Caron. COMMISSIONER CARON: And I just wanted to make one other point and that is that this doesn't apply to single-family homes in the Estates. CHAIRMAN STRAIN: Right. COMMISSIONER CARON: We discussed that earlier. CHAIRMAN STRAIN: No, I was using the example that gopher tortoises don't necessarily pick the most suitable habitat that we've defined here. They pick all kinds of places to burrow. And I can tell you from experience I found that out. And those places that I've seen a lot of times don't meet the criteria we have here, and that's where they're living and they're doing well. So I'm not sure we have to go into that kind of specificity. On to Page 147. Anybody have questions on Page 1417 (No response.) CHAIRMAN STRAIN: 8.b has an addition, says adequate suitable habitat for gopher tortoises. And the word adequate, how do you define adequate suitable? Because I can see where you can say suitable by number seven, or you can say suitable habitat for gopher tortoises as described above. But how does it -- what's the adequate word in there for? COMMISSIONER MURRAY: Area, maybe. Amount of space. MR. LENBERGER: I would interpret it as area. CHAIRMAN STRAIN: Then could you actually -- I mean, adequate could mean a lot more than Page 22 16 1 10 October 2, 2008 just area. So why don't we just say enough acreage suitable -- COMMISSIONER MURRAY: Sufficient. CHAIRMAN STRAIN: Yeah, sufficient acreage with suitable habitat as described above. And I think that 25 acres is what we're saying. So that might be better to say. Okay, Page 148. Any questions on Page 148? (No response.) CHAIRMAN STRAIN: Steve, under] 2 you say inactive or -- gopher tortoises shall be removed from all active and inactivc abandoned burrows. Well, if it's abandoned, why are we removing them? MR. LENBERGER: Because often tortoise commensals and juvenile tortoises will use abandoned burrows, and you may not see any signs of these animals. And therefore they would still be classified as an abandoned burrow. But they may harbor commensals, gopher tortoises, and they're very young juveniles. CHA1RMAN STRAIN: First of all, 12 doesn't -- where does it use the word commensals? It says gopher tortoises shall be removed from all active and inactive and abandoned burrows. So if it's got a tortoise in it, wouldn't it no longer be abandoned or inactive, it would be an active burrow? I don't understand. MR. LENBERGER: Ifit's a very young tortoise, you may not notice its presence. And it's the burrow appearance, which classifies it as abandoned, in the sense that it may not have a young tortoise in there, but by a description of how that burrow looks on the outside through state classification. CHAIRMAN STRAIN: Okay. But ifit -- if the young tortoise is in there and you don't know he's in there because it appears to be an abandoned burrow, then how are you going to remove them? COMMISSIONER MURRAY: I think you've got to call code enforcement in that case. CHAIRMAN STRAIN: Steve, that doesn't make sense. If you've got a baby tortoise in an abandoned burrow, then you wouldn't know that you have to remove thcm. So how can you be told you've got to remove them? MS. MASON: It may be better to c1ariry that all active, inactive and abandoned burrows shall be excavated to ensure that all gopher tortoises are removed. Because that's the only way you can tell. Like Steve was talking about, the state has definitions for what's an active burrow, inactive burrow or abandoned burrow, and there have been case where what is classified correctly by the definition as being abandoned actually has gopher tortoises living in it. So it's a classification purposes for mapping and estimating a total population on the site, but it does not guarantee that there's no one living in there. The only way you know is by excavating the burrow. CHAIRMAN STRAIN: So now you want everybody to go out and excavate all the abandoned burrows in the county. MS. MASON: That's been a requirement for -- if it's a known burrow, they have to excavate it. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, again, why don't you j ust say gopher tortoises shall be removed from all burrows located within the area of construction. That's what you want them to do. You want them to -- if they've got a burrow there, you want them to look in it and make sure there's nothing in it, right? MR. LENBERGER: We could do that. CHAIRMAN STRAIN: They how do -- they way they could check to veriry something's in it, they can use a stick method where they check for anything going in and out, or can they use videos now? Do they have those little spy cams that ean weed their way down the holes? MR. LENBERGER: But they're not foolproof. They have to bc excavated. CHAIRMAN STRAIN: Well, neither is excavation. I mean, that excavation sure does a lot of damage on its way through. Page 23 161 1~ October 2, 2008 You're not -- so how do we make life simpler instead of more complicated and still accomplish the goal, if we can? Because I'm not -- I've seen the excavations. I've been present when they've done 'em. And they're certainly far from being perfect. It would seem if there was a video cam or something else where they could inspect a burrow and have the same relative assurance that the burrow's either occupied or unoccupied as the excavation method does, why wouldn't we let them take that opportunity? COMMISSIONER MURRAY: Mark, why-- MR. LENBERGER: Because you don't have the same assurance with the video camera. CHAIRMAN STRAIN: You don't have what? MR. LENBERGER: The same assurance with a video camera. Often burrows end and they turn, and the video camera will not get that angle. And it will show you as no tortoise present, but yet when you go in there to exeavate it, there is a tortoise there. CHAIRMAN STRAIN: Mr. Murray, did you-- COMMISSIONER MURRAY: I was -- no, I'll pass on it, because I thought I had an answer. You know, there are video cameras that have, you know, soft thing. But that gets into cost as well. I thought an inspection would be sufficient, but I guess not. CHAIRMAN STRAIN: Okay. It's 148. 149 doesn't have any changes. I don't know if we have any comments. 150 has no changes. I don't know if there's any comments. We'll just kecp moving until someone speaks up. 151 we get back into the ehanges again. There's some -- and this was odd. You took it out of Page 151 and dumped it over on Page 153; is that a fair statement? MR. LENBERGER: Yes. We moved it over, because the alignment was not correct, and the lettering was not correct. CHAIRMAN STRAIN: Was your intention to change it? MR. LENBERGER: No. CHAIRMAN STRAIN: Okay, you know you've got substantial changes in there? MR. LENBERGER: Well, I have -- it's been a while since I read the amendments, so if you give me a moment I'll look it over. But if you want to point them out out for me, that's fine, too. CHAIRMAN STRAIN: Okay. Page 153, the second line, you talked -- instead of -- you have a-- added the 10 acres -- or 10 percent of the boards need to be replaced. There's no reference to that in the -- MR. LEN BERGER: That came at the request ofDSAC. We met with them and they wanted some to quantiry that. So we added the 10 pereent. CHAIRMAN STRAIN: The second line says, prior to any repair work. Now, the word any is just any, and it used to say major repair work. I certainly agree major is ambiguous, but this is maybe going in the opposite direction. So then if you go out and repair one board, all this stuff has to be done. MR. LEN BERGER: That was taken out. This is again in relation to the DSAC meeting. Because we quantitied it above the 10 percent and we say prior to any repair work. And then we specified greater than that described in I above. CHAIRMAN STRAIN: Okay. So how is the 10 percent rated? By physical replacement or by cost replacement value? MR. LENBERGER: I would assume physical replacement. CHAIRMAN STRAIN: Well, then should we say that? COMMISSIONER SCHIFFER: Question on this, Mark. CHAIRMAN STRAIN: Go ahead, sir. Page 24 16 I lkS October 2, 2008 COMMISSIONER SCHIFFER: He's saying 10 percent of the board, so he's doing that. But can we also add to that within a 12-month period? Because in a building code we have a lot of things that have percentages, and if you don't have that then, you know, 10 percent a month for 10 months is 100 percent replacement, so -- MR. LENBERGER: Okay. So what time frame did you want to add? COMMISSIONER SCHIFFER: I mean, building code people are used to within 12-month periods, so that's -- MR. LENBERGER: Okay, thank you. CHAIRMAN STRAIN: Under A, it says the appropriate permit from FDEP, if required. Not all of us would require an FDE permit. Or does the word appropriate mean that? COMMISSIONER MlJRRA Y: No. MR. LEN BERGER: If it's occurring on the beach, it's going to require at least their authorization, whether emergency work order or whatever the case may be. Susan, did you want to add anything regarding that? MS. MASON: (Shakes head negatively.) CHAIRMAN STRAIN: Does it require -- if they were to take out one board and replace a board, you require a DEP permit on a boardwalk going over a dune? COMMISSIONER MURRAY: Wouldn't the FDEP determining agency determine what permit is correct? MS. MASON: We coordinate a lot oftimes with the coastal people at DEP if we're not certain if a permit is required or not. We have the cell phone number for the coastal person, and we'll call or the applicant will call and get a confirmation e-mail about whcther or not whenever there's areas that we're not certain if something's required and the applicant doesn't know or doesn't get one, that we can get answers quickly from those agencIes. CHAIRMAN STRAIN: Could it be the appropriate permit Ii-om FDEP, if required, just to clariry? Not all of them may need that. MR. LEN BERGER: That's fine with me. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, I'd just like to say that there would be some sort of permit necessary from DEP, because we're talking about actions that occur prior to the end of sea turtle nesting season. So you're going to have to have some sort of permit from these people saying you can do something before nesting season is over. MR. LENBERGER: We can write -- COMMISSIONER CARON: So I think the appropriate, you know, thing is just fine. CHAIRMAN STRAIN: But I mean, it wouldn't hurt to have if required. Doesn't take away-- MR. LENBERGER: How about permit authorization? CHAIRMAN STRAIN: Yeah. MR. LENBERGER: Would that satisfy your concerns? CHAIRMAN STRAIN: As required -- if required. We can move to Page 154. It's reinserting that prior language. And -- MR. LENBERGER: I missed the page you're on, I'm sorry. CHAIRMAN STRAIN: 154. MR. LENBERGER: Yes. CHAIRMAN STRAIN: And then Page 155. Anybody have any questions? Page 25 !c~bir 2, ~~ (No response.) CHAIRMAN STRAIN: And then Page 156. And of course the last page is 156.1. Those two pages we previously had gone over. Are there any questions remaining in this section before we go to public speakers? (No response.) CHAIRMAN STRAIN: Okay, thank you. Do we have any public spcakers? And those wishing to speak, just please come up to the podium one at a time. Mr. Hancock, you're the first to rise. And Nicole, I've bet you've got something to say and you want to be la~t, right? MS. RYAN: No. MR. HANCOCK: I knew] wouldn't have to try hard to beat Nicole to the podium. For the record, Tim Hancock with Davidson Engineering. Not here on behalf of any particular property owner, but hopefully can bring some practical application to some of the amendments that are being proposed here today. I'll do my best to just basically state support for some of the things that you've indicated, as opposed to being redundant. The first thing that comes to mind is there are multiple sections throughout this part of the LDC where staff is promoting the restating of whether it be the golden cagle -- bald and golden eagle protection act, or whether it is technical memorandums of a specific date and time by the Fish and Wildlife Commission. One of the problems we have with that is -- and I'll use the gopher tortoise as example. On Page 143 under item 3.b.iii, you'll see the additional language of, and the gopher tortoise management plan adopted September, 2007 by the FFWCC, and technical literature cited therein. The problem when you have this kind ofa specific citation is particularly with gopher tortoises. This is in flux right now. Significant nux. And what happens when a new technical memorandum is issued? If we have gopher tortoises on-site and we're going to affect those gopher tortoises, we're requircd to go through the state permitting process. We're required therefore to follow whatever technical guidelines are in place by those agencies at that time. To restate them specifically in this eode creates an amendment problem and an issue and may outdate this code every time these agencies change their technical memorandum. So I ask that any reference to a specific technical memorandum that is a part of the state permitting process or federal permitting process by itself be eliminated from this section. CHAIRMAN STRAIN: Tim, since you did acknowledge that this has to be -- they have to be consistent with the plans anyway, just for the reference, I still haven't sold (sic) on the necessity of it, but let's just discuss this out for a minutc. Why don't we just drop the word Scptcmber, 2007? It still doesn't cure the redundancy problem that I have an issue with, but it does take care of the date specific and open it up to just whatever criteria that you'd have to abide by anyway. MR. HANCOCK: And while I wouldn't have a problem with that, I guess I'm maybe more along the philosophical lines that if you have gopher tortoises -- and Commissioner Caron, you mentioned this earlier -- you know, the average resident may nced a reference. Well, if you have a gopher tortoises, the average resident isn't going to know what the heck to do with them. They're going to have to have professional consultants address this. Joe and Mary Smith eannot go to the state and say I have a gopher tortoise, how do I take care of it and walk through that process themselves. They get forced into a regulatory process that's both expensive and time consuming, and they're going to have to have a professional address this. Page 26 clt~Jr 2, ~~ So this part of the code I see more as a technical guidance. As that, I think the statements are redundant. But Commissioner Strain, if that's the amendment you want to make, it does resolve my initial concern. CHAIRMAN STRAIN: I'm just trying to understand better. I'm not -- I'm still not sold that we need the redundancy. But ifthere's a good reason that comes about and it's deemed that it's needed, then at least we ought to make it as accurate as possible. So that's where I was going. MR. HANCOCK: My next comment is on Page 144. COMMISSIONER MURRAY: I want to -- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Couldn't we just simply use a parenthetical in there, you know, create it as a reference point as opposed to it being a requirement within the context? I mean, it seems reasonable that helping that person -- you know, that they have to at least get an understanding to begin with, but it's not the placc -- it's not the particular action that they must take. But they need to be mindful of something. MR. HANCOCK: Yes, sir, I think in the code saying that you must apply with -- you know, you must comply with applicable technical assistance provided by certain agencies, I think that's well placed. But it doesn't need to be to the degree of specificity you see here. And I think it becomes an amendment issue when you get this specifie. COMMISSIONER MURRAY: For those areas where most people are ignorant of those factors, and you're right, you know, make them go on a goose chase and all the expense associated with it, it certainly helps to help them along. Maybe this is not the ideal place for that, but at least parenthetically it gives them a focus. CHAIRMAN STRAIN : You know, as a suggestion, under B instead of listing references, by the way which may not include all of them, and there may be others and now we're liable for only having listed some and not the rest that we should have, why couldn't we just say -- put a note there that there are other agencies regulating gopher tortoises and the applicant needs to review those other agencies' criteria and leave it something as broad as that so that everything is take into consideration -- COMMISSIONER MURRAY: Sounds good. CHAIRMAN STRAIN: -- not -- nothing is chaneed by elimination. MR. HANCOCK: At one time that was the language in the LDC for the most part. CHAIRMAN STRAIN: Well, it was too simple. MR. HANCOCK: On Page 144, a minor suggestion under Item D.I.!: You discussed the issue of where it says monitoring program for all preserves with listed or protected species on-site or when the site is known to be foraging habitat. It raises the question, known to be, what that means. For example, Ms. Burgeson has stated previously that sometimes they'll get a phone call from a neighbor who will say, I saw such and such on the next site and they'll make a note of that so that when the applicant comes in they have that on file. Quite candidly, I don't consider that to be known to be from a scientific standpoint. I consider it someone thinks they saw something. And so if we remove the phrase known to be and just simply state species on-site or when the site is foraging habitat. Is foraging habitat means there's been a detennination by someone who is qualified to indicate that foraging habitat is present. That puts it back on the onus of the professional. So that would be my suggestion on that. Under Item E and then continuing on to 3.04.02. CHAIRMAN STRAIN: What page are you on? MR. HANCOCK: I'm still on 144, sir. Page 27 161 1 ~ October 2, 2008 CHAIRMAN STRAIN: Okay. MR. HANCOCK: We have run into a problem of complying with staff's request when it comes to this issue. And let me give you a hypothetical example. In a mining operation, for example, looking to do a conditional use to mine land, we don't have any wetlands, so we don't have to go to the district and get an ERP. Now, an ERP, typically when you apply for it they have commenting agencies; one of which is Fish & Wildlife. So if you go get an ERP that is distributed to the Corps to their commenting agencies and you get the bevy of agencies involved, and they may initiate what's called a Section 7 consultation if they think you have impacts on listed species. And I'm speaking specially about Fish & Wildlife. One of the problems we're finding now is as projects come in and we're being asked by environmental staff to get confirmation that the projeel has been reviewed by Fish & Wildlife, yet there's no basis for Fish & Wildlife to provide that review -- it doesn't exist, there are no wetlands -- ifthere are no direct species impacts, in other words, they're not for example priority one panther habitat, somebody drew a line on a map two years ago and maybe called it priority two habitat but there's no data that panther have ever been on this property, we're being asked to go to Fish & Wildlife and get some kind of a letter. The problem is Fish & Wildlife has no obligation to respond to us. There is no review process, unless you issue what's called a formal Section 10 consultation. Thc proecss doesn't exist. And what happens is we get caught up in the process of how do I get this? When I go to Fish & Wildlife, how do I get a letter saying everything's fine? Because they don't issue them. CHAIRMAN STRAIN: No, they don't. MR. HANCOCK: There's not a formal process for it. So I have grave concern under E and extending into 3.04.02 that county environmental staff is drawing agencies into a local development order process and asking us to provide something that is not available. It's almost a de facto Section 10 consultation with no basis for it. And so I have grave concern that this is basically going to grind applicants to a haIt and in issense require something that the federal agencies themselves cannot require. If there's no --let's take panther as a species for example. If there is no proofthat the activity is going to harm the species, the agencies eannot require a Section 10 consultation. So now I have to go initiate one? That's like asking the IRS for a voluntary audit. You just don't do it. And so it puts the property owner in a bind where therc just isn't the inlormal process that I think staff is looking for. CHAIRMAN STRAIN: Tim, where specifically are you talking about? COMMISSIONER CARON: Which E are you talking about? Because neither one applies. MR. HANCOCK: I'm sorry. I apologize. D.I.g. I had it circled incorrectly. COMMISSIONER CARON: G. Okay. MR. HANCOCK: Where it says -- now it's asking written recommendations. Then when you go into 3.04.02, the fifth line, consider and utilize recommendations and letters of technical assistance from the Florida Fish & Wildlife Conservation Conunission, and recommendations from U.S. Fish & Wildlife Service in issuing development orders. And so under this we're being asked to go get something we can't readily get. CHAIRMAN STRAIN: Okay, that language isn't changed. It really isn't up for consideration today, so -- MR. HANCOCK: No, it's not, but the doors open to point out the deficiencies and issues, and I felt the change in G is a -- and I'll use Ms. Burgeson's term, tightening up, which is really additional restriction. And we're just having a problem complying with it. CHAIRMAN STRAIN: And I -- your dilemma is one I have been in many times when you try to get an agency to write a letter they don't have to write, they just don't want to. And I can't blame them. Page 28 16 I 1 ~ October 2,2008 So that needs to be fixed, I certainly agree with you. COMMISSIONER MURRAY: Mark, are we on G? CHAIRMAN STRAIN: We're on D.1.g on Page 144. But what Tim was saying is by utilizing G and tightening it up, you're in effect making almost 3.04.02 on 145 mandatory. COMMISSIONER MURRAY: Well, what he does have is the word -- what they do have is the word written here, and I think that's where he's focusing on. CHAIRMAN STRAIN: Right. COMMISSIONER MURRAY: So it is open to opportunity to modify. CHAIRMAN STRAIN: Well, that one is yes, I agree with you. Yeah. But the following page was where he was -- COMMISSIONER MURRAY: All right. CHAIRMAN STRAIN: -- going to new language. MR. HANCOCK: And Mr. Lorenz j ust asked, and this is one problem we have is he says wcll, do you have any suggested language? Because this is in the GMP. Well, that -- we're not here to review the GMP, but if we were, I think the problem lies in the GMP that it may be forcing something that a process doesn't exist for. If there are letters of recommendation that are issued by Fish & Wildlife as a part of your environmental review, whether it be through an ERP process or a Section 10 consultation which is required because of the particular merits or demerits of your project, then that information should be utilized and provided to staff as a part of the developmcnt order process. But that's not what we're being asked to do as a practical matter as we go through the process today. We're being asked to providc a letter of consultation with Fish & Wildlife that they don't have to provide. And it is problematic for us. I don't havc a solution for you. MS. MASON: And if I may, just lor the record, we -- that part about it being a written recommendation would free it up to be even something as informal as an e-mail. Prior to really having, you know, technical assistance in some places as a capital T, capital A, because that's a process that you have to go through, it's that Section 10 type review. It's time-consuming and I'm sure it costs a lot of money in consulting fees and everything to get that process going. But a lot of times there are more informal discussions and people will write a confirmation e-mail to somebody from the Wildlife Service, we had a conversation on such and such a date, it was agreed if we took these parameters you would not consider there to bc any impact and they can get a confirmation e-mail back. Sometimes it does take a little bit of nagging on the side of both staff and applicant, but I've always found that if we're working together with the consultants to get an answer, we always can. Might not bc that day, but it's in a reasonably short period of time. Especially if they start at the beginning ofthe process. COMMISSIONER CARON: And you will accept that? MS. MASON: Yes. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Well, I have a question lor you then with regard to that. We typically -- you know, we talk to the county manager, his designee, because we recognize we want to get to the highest level of authority or designated authority. So you're saying to me that someone in Fish & Wildlife Service could send an e-mail and you would accept that, even though that person might not have the authority to author that? MS. MASON: The people who respond to those e-mails and have those, those are the ones that are designated with the authority to make a call on an eagle management plan issue or a panther issue. There are staff that are designated in those agencies, just like this one, who make the decision and use their professional experience, judgment and whatever requirements they have to make that Page 29 16\ If\0 October 2, 2008 determination. COMMISSIONER MURRAY: Okay. Now, you're working along and you've got three people that you typically work with, and one of them decides they're no longer going to send an e-mail. The other two continue. What do you do there? MS. MASON: Well, there's always that Section 10 consultation that would still be available. This is something that is a way to get a quicker response from those agencies, if you can get it. If it's something that doesn't reach that level and it requires a more thorough evaluation, then the service would say it's going to require a Section 10 evaluation. COMMISSIONER MURRAY: So basically you're adamant that a Section 10 evaluation must occur there. MS. MASON: If that's what they tell us, yes. COMMISSIONER MURRAY: No, no, my scenario was you've been doing it for a while, three of them have been compliant with your desires, not that they're a requirement. Two of them continue. One stops. You're now going to compel developer C to get a Section 10, even though developer B got an e-mail. MS. MASON: I mean, this is a requirement in the LDC and Growth Management Plan. And our-- county staff doesn't have the authority to deeide that -- to ignore the Service's requirements. If the Service says they need a full consultation, that's what would be required. We don't tell them -- COMMISSIONER MURRAY: They simply didn't respond to you. You don't know whether they did or did not take a -- MS. MASON: It's really up to the applicant. A lot of times county staff assists the applicant in trying to get answers, if we're going to be at a meeting and we know we're going to see them or something like that. If I know a consultant has sent a request to the Service and they ask me or I will often offer, I'll follow up with them in a week if] haven't heard back. Just to let the Service know that both the county and the applicant is seeking this information. It's merely to be an assistance to the consultant. The property owner is uItimately responsible to make sure that thcy get all their permits and start the permitting process in a timely enough manner to make sure that when the county's ready to issue a permit we can. because they've got all their other permits lined up. But stan' always tries to be a~ helpful as possible to make sure that that process can go as smoothly as possible. CHAIRMAN STRAIN: Do we we know how much a Section 10 process would cost? MS. MASON: I have no idea. COMMISSIONER MURRAY: Shouldn't that be a part of this, or is it just dogmatic? I mean, shouldn't we know how much we're burdening people with to see if we eould find a way that makes more sense? No? CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, we don't have any control over that. Only the state and the feds do. So we're not requiring it, they are. And we're just going along and saying that's the way it's -- you know, that's what we need. COMMISSIONER MURRA Y: In dialogue, if] understood Tim Hancock correctly, he's saying there is no process in effect for -- you cannot compel a letter or an e-mail or anything else from Fish & Wildlife. And certain situations may not be applicable. 'fhat leaves him in Never-Never Land. And so a Section 10 is the only alternative left. And a process they may have to be made to go through at great cost, perhaps, and serve no particular public or private interest. MR. HANCOCK: That is the crux of the issue. But I think if we step back and look at the GMP language, we may find the very essence ofthc problem. The GMP language states -- which is before you under paragraph 3 -- the county shall, consistent with the applicable GMP policies, consider and utilizc -- consider and utilize -- recommendations and Page 30 161 I-hS October 2,2008 letters of technical assistance from the Florida Fish & Wildlife Conservation Commission. It doesn't say shall go get opinions. It doesn't say shall request things outside of the existing federal regulations that require consultation. A Section 10 consultation is specific. There have to be impacts. If there are no impacts to trigger a Section 10, then there's nothing to be issued. COMMISSIONER CARON: And the services will say to you there's nothing for us to issue, go away, Mr. Hancock, you're bothering us. MR. HANCOCK: No, ma'am, they won't. CHAIRMAN STRAIN: They won't give you a letter saying that, though. MR. HANCOCK: They'll say we'd like you to come in for a Section 10 consultation. We can't make you, but we'd like to see you do it. COMMISSIONER CARON: Okay. So staff, how are you handling that? MR. SCHMITT: I agree, that's the problem. COMMISSIONER CARON: But we'rc not getting to the heart of the issue here. CHAIRMAN STRAIN: Well, there is an issue that-- COMMISSIONER CARON: Get back up here, we need to get to the heart ofthe issue. CHAIRMAN STRAIN: The parenthetical three that's in front of us on the screen for the GMP, why don't we just take that language, insert it in 3.04.02 and take out the entire first paragraph? Because that's all that that paragraph's supposed to have. But I notice the paragraph that was inserted in the LDC has subtle changes that are concerning in regards to what the intent was of the paragraph three in the GMP. Why don't we just live with the language that's in the GMP and be done with it. I don't understand why we need Item D.1.g and why we need to change language of the GMP in the introductory statement to 3.04.02. Leave it the same. And that gets us I think to where everybody needs to go. MR. LORENZ: lfyou don't mind, the intent of the policy was very specifically -- the GMP policy was very specifically to evaluate a management plan, a listed species management plan. The GMP required that -- and there are references that are listed in the GMP for how to develop your management plan that those guidelines within those references were what the GMP adopted as the appropriate management plan lor a particular listed species. This policy was desit,'11ed such that if an applicant deviated from those guidelines, then the county would utilize those letters of technical assistanee and recommendations from those agencies to say yes, this is appropriate in this particular case. And for that particular case that particular management plan, even though not consistent with the referenced guidelines, the county would deem consistent with the Growth Management Plan because the agencies weighed in and said we're okay with this. That was the intent of that policy. CHAIRMAN STRAIN: Well, Bill -- and I'm back to trying to clarify this whole thing. If you've got specific language in the GMP and you've modified it in the insertion in the LDC to a point where it becomes a different app -- it means something different in its application than what the intent of the GMP was, why are we even changing it? I'm just looking here, for example, in 3.04.02, fifth line down that has bold letters, development orders. But, you know, in the GMP it says, development orders on property containing listed species. Those words were dropped from the LDC. That's a limitation on when those orders would be utilized and sought. And that would also prevent then maybe the occurrence that Tim Hancock's concerned about, rightfully so. Yet in the introductory language we have on property where the wildlife survey establishes that listed or protected species are utilizing this site or where the sitc is capable of supporting listed or protected species. That's far beyond the reference in the GMP that says property containing listed species. Page 31 16 I 1 f6 October 2, 2008 We've taken the GMP language and made it much broader I think in the application by the introduction alone. Why don't we just go back to what the GMP was adopted for? This explained -- all this is starting to explain why there's been so many concerns from all aspects of the public in regards to the way some of these things have been handled within the county. I just don't understand why we're going as far as we're going with this. And Mr. Hancock is right in his concerns over trying to get something out of an agency beyond what they normally issue. And if they don't issue it and they don't need to be issuing it, we shouldn't be needing it. MR. SCHMITT: For the record, Joe Schmitt again. And I agree. I mean, what -- this has been the problem. And the problem in simple terms is their EIS does not trigger a Section 7 or Section 10 eonsultation. But then it comes in and we send a note to the agency because the LDC says it. The way we are interpreting the application of the GMP, we then open a door and alert the agencies, when in fact they didn't have to be alerted in the first place because there was deemed no impact. And all of a sudden it has to go to the feds and we have to wait for -- either state or feds and we have to wait for an e-mail, in most cases it's an e-mail, waiting for them to either say yea or nay. And as Tim pointed out exactly right. well, we're not requiring you to do it, but it would be nice for you to come in and do it. So we kicked a door open that basically didn't have to be kieked up. That is the fundamental issue. And I think if you want -- and this is a very, very critical piece that if we want to change it, we need to change it today or work on this. Because this is where the staff' gets caught in -- J call it the do-loop, the old FORTRAN days, you know, just go around and around. They didn't really want to know about it, but we told them about it, so now they want to know about it. Pretty simple terms. CHAIRMAN STRAIN: Yeah. And Joe, I think that this is something that we need to have -- 3.04.02. And Bill, I think if you were to take that whole paragraph, drop it all the way up until the last sentence, and then take the GMP parenthetical three and insert it above the last sentence, now you're getting the accurate language from the GMP inserted here and it means a heck of a lot different than I think what the intent -- MR. SCHMITT: Well. why not note in there the specificity that ifthe environmental impact statement or the environmental assessmcnt deems that a Section 10 consultation or Section 7 consultation is required. But they're going to have to do that. The applicant does that because they have to meet the federal and state guidelines. CHAIRMAN STRAIN: Any way you want to get to the bottom of it, I think we need to. MR. SCHMITT: Yeah. CHAIRMAN STRAIN: And I -- you asked for suggestions, I was giving you one. If you've got a better way, let's get there. MR. SCHMITT: What Susan said is exactly right. It will come in, they'll go, hey, we've got to call the agencies. Well, no, Tim says no, we don't have to call the agencies. CHAIRMAN STRAIN: Now, if the intent of members of staff or the department is that you want stricter interpretation of that GMP, then change it first. MR. SCHMITT: Right. CHAIRMAN STRAIN: Go baek to the stakeholders' process and get it fixed right and fairly. MR. SCHMITT: Well, I don't want-- CHAIRMAN STRAIN: And if not, let's stick to it. MR. SCHMITT: -- stricter interpretation. I want definitive guidance in the LDC that says what staff Page 32 16 1 1 ~c; October 2, 2008 needs to do. And I think if we're going to interpret this -- the way it's written in the GMP says may, or what was the wording -- considering utilized. Well, we'd only consider it utilized when it's required through -- CHAIRMAN STRAIN: Right. MR. SCHMITT: And assessed by an impact. CHAIRMAN STRAIN: Then let's do it that way. MR. SCHMITT: Because I could tell you from the federal side, and Ijust said to Tim, you're doing a Section 7 or Section 10, they're ovcrwhelmed. It may take six months. You know, I agree, I mean, we need to define it. And what triggers the requirement. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But why would we have been going forward if they have an EIS that says they have no impacts and we've checked that EIS and know that thcrc's no impact? MR. SCHMITT: Because we would then go to the agencies and have them -- COMMISSIONER CARON: But again-- MR. SCHMITT: I'll have to defer to Susan on that. It was a good question. And -- COMMISSIONER CARON: I don't know why it would have gone further. MS. MASON: The only time this would be relevant would be ifit is in one of those larger areas. Mostly of the large -- MR. SCHMITT: Secondary panther habitat. MS. MASON: Right, the larger mammals. That there's -- I don't recall ever seeing an EIS where somebody saw a den or panther print or scat or something like that on the site. But it's been designated by those areas as secondary primary panther. There's going to be an increase in trat1ic and there's -- stafI is not authorized to make a determination on whether or not it -- MR. SCHMITT: Identifies scrub jay habitat. It may just be identified as scrub jay habitat or RCW, red-cockaded woodpecker habitat. And the EIS may have not triggered the requirement, but we're aware that it's -- in those areas that were identified as potentially impacted. So we're sending notes to the agency saying tell us what you think. COMMISSIONER CARON: Yeah, okay. MR. SCHMITT: Because that was the guidance that staff -- the specijicity in the LDC that says you need to consult the state and federal agencies. In this case the Florida Fish & Wildlife. COMMISSIONER CARON: Okay, I see how it was happening. CHAIRMAN STRAIN: Okay. Tim, let's get back on stream. By the way, Joe and other members of the county staff, you may want to let those people standing by for the I :00 thinking we're going to get farther ahead, we haven't. And I can tell you at 3 :00 for sure we will break and start discussing Phil Gramatges' issues. So if we get a -- you know, ifwe're in the middle of something at 2:30 and we end it, we may start at 2:30, a little bit earlier, but then there's some fillers that I know Catherine can take some time with while we wait for others to get here. So I don't think anybody other than the environmental department needs to be here when we come back from break right away. MR. SCHMITT: I'll assume they're listening. MS. FABACHER: Yeah, I'll e-mail them. CHAIRMAN STRAIN: Go ahead, Tim. And we've got to try moving through some of this before lunch if we -- we're going to take a lunch break at II :45, so everybody knows. MR. HANCOCK: Yes, sir. And I'm sorry, I'm not trying to-- CHAIRMAN STRAIN: No, your-- MR. HANCOCK: -- dominate your time. Page 33 16 1 1 kS October 2, 2008 CHAIRMAN STRAIN: -- points -- this whole process is about what you're doing and about what the HOA's and other people and the environmental community has come here and done. We have to understand this better. There's been way too many complaints and problems, and this is the only way to get to the bottom of it. It takes longer, but unfortunately that's what we've got to do. MR. HANCOCK: My next comment, and I'll try and wrap it up into a single point, is under the gopher tortoise section, which is I believe on Page 145 of your packet. Starting with A. Rather than picking this apart, let me just explain. I have an issue with the fencing requirement and I have an issue with the water table elements in there, and I have an issue with the 25-acre size. And the reason is this: If you're going to relocate gopher tortoises either on-site or off-site, your permit has to address both the recipient site that is adequate in vegetation, that is adequate in size, that is appropriate. And that permit is issued in the state. And your permit also addresses how you must cxcavate the tortoises, which must be excavated and so forth. Some of the things stated in here are replicated from state law. We don't need that in our Land Development Code, because you have to go get the state permit anyway. Some of these things are beyond state law, such as the 25-acre size minimum. If I have a 10-acre preserve but it's right next to state-owned lands, this would preclude me from using that as a recipient side. It doesn't make sense. The state does this process -- the state reviews the process, the state issues the permits, and extraneous requirements in this section are just that, extraneous and unnecessary. I don't know if -- if we want to have our own gopher tortoise management plan for the county, then let's start that process. But it scems like we're almost squeezing that into this. And so my main issue is, you know, all of these elements we've discussed are reviewed by the state, permits are issued by the state. We just recently had Ray Ashton do a class down here for a couple of days and used my church as a classroom and actually used some of the tortoise relocation on our site as test cases to move them to a state approved recipient site, and it worked beautifully. That entirc relocation would have been precluded by the changes proposed in this section. My recommendation on that is go back to the original language. All the additionals about the -- and by the way, Mr. Sterk is here, he can attest, we excavated tortoises that were going down into the water table. They're not supposed to do that. And it was the dry season. So again, it's -- there's something in here that may be in a technical memorandum of guidance somewhere, but you put it in the Land Development Code, it's rule, it's law, it's inflexible. And what's written in here would preclude exactly what we just did, which is approved by the state. I will leave it at that on the gopher tortoise issues. I would recommend that these species specific issues in here not move forward the way they're written right now. The bald eagle issue is separate and apart. I understand you've had detailed discussion on that. But I don't believe this was intended to rewrite how we address gopher tortoises, but it truthfully does do that. And I will wrap up my comments on this section with that. CHAIRMAN STRAIN: Thank you, sir. Appreciate it. Nicole, I think you're next then. We'rc going to -- ifwc get too far into your issues and if you don't mind, we'd come back after lunch and continue. MS. RYAN: Sure. I'll keep my issues pretty general. For the record, Nicole Ryan, here on behalf of The Conservancy of Southwest Florida. And you had begun discussion of the GMP and how we deal with listed species. The Conservancy Page 34 16 I 1 AS October 2, 2008 was very concerned with that GMP language. First of all, we felt that the county should have for certain species management plans, management guidelines such as we have for the gopher tortoise. And that was what we recommended, so that we would not every time be deferring to the state and federal agencies. That language was not approved by the BCC, therefore, we're stuck with staff really having no choice but to defer in cvery single case. So we do see that has bcing something that's problematic. So if we can get somcthing in here that helps staff, that protects species and makes sure that you don't have cases where becausc the federal agencies may not do a review unless asked, that a species slipped through the eracks because there's not a wctland permit, we really want to make sure that thcre are no loopholes. To this LDC specifically: For the gopher tortoise, I know that staff is trying to come up to speed with the fact that tortoises have been uplisted, that Collier County has had tougher standards than the state standards in general, and so we want to get something in place that is going to make sure tortoises are protected, and that five years down the line those preserves are still functioning. We hear all the time yes, you had to preserve the tortoises on-site, but are they still there? Do they have a food supply? So we'd be happy to work with staff to find some language that may get us there. I agree, the 25-acre minimum site is going to keep some of these urban parcels, that if you have proper fencing you might be able to keep at Icast a small population on-site. From The Conservancy's experience, fencing is something that is really needed. Tortoises can go out in the road. They may not get hit, but they could get swept dov,n the storm drains. ']'hat's another issue that you don't really think of But just because you don't see them flattened on the road doesn't mean they're not being killed out there. So we would be happy to work with staff and other stakeholders to come up with some language that really captures what we want. As far a~ listed plant species, I think maybe what you had suggested, to essentially say what we want to do, which is if you have listed species on-site outside of the preserve, let's try to move those plants into the preserves. So if that can be simplified, we certainly would support that. Thank you. CHAIRMAN STRAIN: Thank you. And, you know, Bill, I would strongly encourage that you and your rewrite of this, you may be -- if Tim wouldn't mind meeting with you and Nicole and anybody else that points out some obviously (sic) concerns here today, why don't you get them together with you first before you come back? Because I think this panel as a whole has a lot of problems, too. And we'd rather come back with a better document rather than have to do this all over again. So are there any other public speakers in this matter? Bruce? MR. ANDERSON: For the record, my name's Bruce Anderson. Steve Lenberger brought up earlier a concern I had that was in the first sentence of Section 3.04.03. To make clear that just becausc one of those rare plants was located on the property, that that did not necessitate that that area be a preserve. And I just wanted to encouragc you to include that. Thank you. CHAIRMAN STRAIN: Hopefully Steve got the message in the discussion. Thank you. Other public speakers? Jeremy, right? MR. STERK: Yes. For the record, Jeremy Sterk, Davidson Engineering. I'll just make a few comments. I guess specially on Page 143, 3.B. You know, it's titled first word, references. I mean, my suggestion there would be to put them on the website. I mean, it's very easy to put them on the Collier County website, if you have -- do you have gopher tortoise on your property, go here, here, Page 35 161 1~ October 2, 2008 here. The FW website -- the FWC website's very good in pointing you what permits you need and what processes. So to mc I don't see the need to put all these reference materials into Land Development Code when anybody who's got a computer can go on the Internet. Flipping over to Page 145, this was discussed a little bit. Under the gopher tortoise, A.5 with the management and monitoring and stuff'. In all these monitoring references, there still is no reference to duration. Are we talking a year, are we talking five years, are we talking in perpetuity? I think that should be clarified. Because obviously that's a huge difference in cxpense for the applicant. On Page 146, under 1', you know, we talked a lot about fences. I think --I mean for me, with reference to fence on a case-by-case basis, ] think every time I deal with gopher tortoise on a site I say to myself, boy, that's something I've never seen before. They're not supposed to be doing that, or they're not supposed to be here, or -- you know. So when dealing with a lot of these listed species, to me I would keep it in the context of a case-by-case basis. Let's see. And then in seven on 146, item seven, it says suitable habitat is defined in the habitat preservation management sections of the state gopher tortoise management plan. To me it should be period. Why are we relisting their gophcr tortoise management plan? I mean, all these criteria are spelled out in there, what's habitat. And as Tim Hancock mentioned, you know, we have to pull these permits. These permits take months to get from the state. They're scrutinized heavily. We have to do vegetation inventorics on the donor's site and on the recipient's site. So, you know, we're meeting state criteria and it's not an easy process. And then a big one is E. That acreage again. I think that should be a case-by-case basis. The -- Tim mentioned it. But the most reccnt gopher tortoise location I did was into a 12-acre habitat that was a donut hole in the Picayune Strand State Forest. It was done with DOF. Everybody wa~ happy to do it. It's onc of the only places right now in the county that anybody has the option to put tortoise in. And under that, that wouldn't be -- that wouldn't meet the criteria. I don't know that the preserve that you mentioned, Mrs. Caron, the City of Naples one, I don't-- that doesn't meet that criteria. COMMISSIONER CARON: I don't know how many acres it is. You're right. I have no idea. Wouldn't follow under our code anyway, so we don't care. (Laughter.) MR. STERK: On 148, you know, there was a lot to say about the active, inactive and abandoned. I'll just tell you, in practice, consultants on the site, we dig every burrow. It's for -- you know, we go to every burrow, we dig it. Whether it's armadillo, whatever. And so I don't know that a lot needs to be made about that. But in practice in the Held we dig them. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Jeremy, do you -- your best practice is what you're saying. I guess I would call it that. Do you believe everybody in your business does the same thing? MR. STERK: IIonestIy, I do, yeah. I mean, we're required by the state to resurvey the entire site for burrows immediately prior to the excavation. Becausc the tortoise -- the burrows do move occasionally. And so we -- you know, we've spent the time in the field. We spent the time looking for the burrows, and it's really not a big deal to -- you know, if it's an obviously abandoned burrow, it may just take a couple of digs and we'll have confirmed it, so -- One other comment. A lot was said about the Section 10 process, and kind of just tossing that around. That's a habitat conservation plan. And I can tell you, I've been working on the only one -- the first one in the country to deal with Florida panther in Collier County, and we're in year number four. So -- and, you know, so that's not something that's to be taken lightly. That is a -- that's reviewed in Vero Beach, it Page 36 o~o~e} 2, 21f0 goes to the regional offIce in Atlanta, and then it goes to DC for publication in the federal register. So that is not an easy process. COMMISSIONER MURRAY: Without divulging any confidential infonnation, if that's appropriate, how much would you guess it will cost overall to do that? MR. STERK: Oh, man. I would imagine consultant's fees are probably several hunderd thousand dollars, just for consultant fees, much less the mitigation package and everything else that goes along with it. So in a real world situation -- I mean, I'm dealing right now with a landscape company that's relocating to another area of the county. They're in secondary panther habitat. There's an existing house on the property and, you know, the property's mostly cleared but it just happens to be mapped in secondary panther habitat. And where that, you know, tends to cause problems is that was done -- you know, they mapped all of south Florida, all the way almost up to Orlando. So, you know, that was done on a global scale with aerials and stuff like that. And again, it falls back to that kind of case-by-case basis. When we're forced to go ask for a letter on what's really now an existing residential site because this landscape company has a site development plan in, it puts us in that situation where if we can't force a letter, they'rc looking at an HCP. So it's just a really diffIcult situation to be in. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I don't think anybody was trying to minimize what a Section 10 consultation is. The point was how did we get there. MR. STERK: Right. COMMISSIONER CARON: Why did we get there. And we found that out. And so that was the good of that conversation and we'll now go forward from therc. CHAIRMAN STRAIN: Thank you, sir. MR. STERK: Thank you. COMMISSIONER CARON: Somctimes you have to point out the absurd to get to the heart of the matter. CHAIRMAN STRAIN: Were there any other public speakers on this issue? Because if not, then we basically have ended our discussion -- yes, Susan? MS. MASON: Ijust had a couple commcnts I wanted to make on Pagc 147, 7.E. That 25-acre minimum only applies to off-site relocation sites, not jfthey're reloeating something on-site. And I would also read it that it says a minimum of25 acres of contiguous habitat with no physical obstacle. That if it's in the Picayunc Strand, o\\nership an isn't an issue. It's is there habitat that the gopher tortoises can come back and forth for. So I don't know about that particular rclocation at all. But if there's -- I think there's more than 25 acres of gopher tortoise habitat in the Pieayunc. CHAIRMAN STRAIN: I think overall, though, Susan, I understand you may have comments about individual pieces. I'm not sure -- I think we're beyond that at this point. I think what you need to do is, your department, if you could, try to gct Tim Hancock and Nicole and Jeremy and anybody elsc that's been so interested in this, get their thoughts on some practical hands-on applications before you come baek to us with a rewrite. I think that would be helpful for everybody. So with that, we will take a lunch break. Let's try to resume at 12:45. So it's 58 minutes. And we'll look forward to seeing you all then. Page 37 16 I 1 AS October 2, 2008 When we get back, we'll start with the next one on the agenda, Page 165. (Lunch recess.) CHAIRMAN STRAIN: Okay, everyone, welcome back from lunch. And just so we're clear on where we're going to go today, for the next two hours we'll continue on with the environmental portions of this LDC amendment. And then after that, at 3:00, we will start working with Page 1, which is the utilities, and finish the day out with the rewrites that we got coming back to us. So -- and it looks like between 1 :00 and 3 :00 we probably won't get to anymore than the environmental. With that in mind, let's go on to Seetion 3.05.07, A and B. And it starts on Page 165. And the version that I think we are hopefully using is dated August 22nd, 2008. And that date will be on Page 166. And if you don't have it, apparently there's extra copies. So Steve, I'll -- looks like you're the target n I mean, you're the presenter again. MR. LEN BERGER: Thank you. This amendment deals with the native vegetation definition change in the compo plan, which is the first part of amendment on 166. And it also deals with defining criteria on how to apply the definition. Probably very important. Then it also -- a major component is the off~site native vegetation and retention alternative to the on-site preservation requirement that the county has. And there are some cleaning up as far as clarifying single-family setback requirements. So there would be an adjusting of where that's placed, as well as we relocated the exception subsection to the general standards criteria. Before we get into the amcndment, Ijust want to discuss a couple things which will come up, if you just bear with me a moment. The first being on Page 167, the preservation requirement. Number one on top talks about it shall include all naturally including strata, including canopy, understory, ground cover, and cmphasizing the largest contiguous area possible. The language possible was taken out. But then we started c1arirying for disturbed sites, and we've had a few issues. We had one paragraph dealing with disturbanee and percent canopy closure of the trees and shrubs that are left on-site. And the paragraph below that deals with herbaeeous weedy type vegetation, really not typical of normal plant succession on a natural plant community. Particularly that last one, herbaceous weedy rootle (phonetie) vegetation came at the request of the development community, because there really is not the intent to regulate this weedy type artificial environment, so we wanted to clarify that in the amendment. For the disturbed sitcs where soil disturbance ha~ occurred but there's still native trees and shrubs, this has been an issue for a while. And what exactly should be claimed as native vegetation. Staff wrestled with this idea, and we went to the Florida Department of Transportation -- hang on a second. We looked to the Florida Department of Transportation FLUCCS map, which identifies all the different habitat typcs. And I'm sure you're all familiar with this. And in that it defines native forested communities as having a minimum of a 10 percent canopy coverage. And so that's the baseline we started with. Then if you look at some of these sites -- and Ijust want to show these -- we started looking at properties that were partially cleared, particularly old agricultural areas. And yet you'll have a number of nati ve trees. Now, this particular site, some of it's native, some of it isn't, but it's just an example to show you that there's different areas with different massive canopy coverage. And that's what this clarification is trying to deal with. We've been through dit1erent stakeholders, we've bcen through EAC, DSAC, which have reviewed Page 38 16 I 1 N? October 2, 2008 this language. But that issue of what percent eanopy closure may be -- come up during discussion today. I'm just bringing it to your attention. CHAIRMAN STRAIN: Okay. MR. LENBERGER: I have additional language to add on one of the amendments on Page 168. CI-IAlRMAN STRAIN: Mr. Midney, did you have a question? COMMISSIONER MlDNEY: On 167 -- how are we doing this? CHAIRMAN STRAIN: We're waiting for his presentation to get done-- COMMISSIONER MIDNEY: Yeah, that's fine. CHAIRMAN STRAIN: -- before wc n MR. LENBERGER: And then we'll go back page by page, I would assume -- CHAIRMAN STRAIN: Yes. MR. LENBERGER: -- the way we've done it before. Okay. CHAIRMAN STRAIN: Go ahead. MR. LEN BERGER: On 168 there's a redevelopment and expanded sites. And it's at the bottom. And it continues on the next page. Well, that first one, A, within the boundaries of an original site requesting redevelopment, we added language to -- well, staff has added language to address properties which were cleared prior to '89 when there was an actual percent preservation requirement. So it's kind oflike a vesting type thing. So we added some language there for your consideration a~ well. That's basically what I had to go through. Or you can go page by page, and I'm sure there will be plenty of discussion. CHAIRMAN STRAIN: Okay. Well, let's go back to our page-by-page process. And the introductory Page 165 and 166, any questions on those two pages? Ms. Caron? COMMISSIONER CARON: Under the definition, should we just be restating the GMP language under definition? CHAIRMAN STRAIN: Yeah, put it back up there. MR. LENBERGER: I believe we are. We took a 25 percent or more canopy coverage. You want to COMMISSIONER CARON: I thought we were using exact language. CHAIRMAN STRAIN : Yeah, that's a good point. Why would we change it, Steve? MR. LENBERGER: We can word it the same, if you want. COMMISSIONER CARON: Youjust need to eut and paste on some of these things. And that would be an example of that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Do you not know why you changed it? MR. LENBERGER: I worded it to fit into the paragraph here. It's been a long time since I wrote this, you'll have to excuse me. COMMISSIONER MURRA Y: Okay, sure, yeah. MR. LENBERGER: But the intent is just to follow the camp. plan. I could use the language rather than the camp. plan, that's not a problem. COMMISSIONER MURRA Y: You don't recalln okay. MR. LENBERGER: Exact details n COMMISSIONER MURRAY : You might very well have a very good reason that you have done it. MR. LENBERGER: You know, I dealt with a lot of amendments tIns cycle so -- Page 39 o~~eJ2,2Jo8~S COMMISSIONER MURRAY: I appreciate that. MR. LENBERGER: -- I don't remember everything. COMMISSIONER CARON: And seriously, if there's not, then we should just, you know, cut and paste -- MR. LENBERGER: That's fine. COMMISSIONER CARON: -- the exact language. If there's a real reason to change it into LD code-ish language or something. I don't know what the reason would be, but we may as well keep it simple. CHAIRMAN STRAIN: Steve, while we're on Page 166, I received an e-mail from Tim Hall. He had a series of questions that he -- he couldn't be here today. And I want to make sure that his questions, if they're -- we at least try to respond. On that particular item he said that the definition should make allowances for maintained areas. And then it says, under the definition of mowed yard with 25 percent of tree coverage would be counted as native vegetation, yet would not count a~ a valid preserve, according to the preserve criteria in the f()lIowing page, because it does not contain all naturally occurring strata. Mowed or otherwise maintained areas should not be included in this definition. What is staffs -- what would staff has as a response to that? MR. LEN BERGER: The definition in the GMP deals with highest existing strata. So it would be considered native by definition. A mowed understory wouldn't be the highest existing strata. It would look to the trees or shrubs, whatever the case may be. CHAIRMAN STRAIN: But if you had a canopy of25 percent tree coverage -- just that part, 25 percent tree coverage canopy -- then it would be counted as native vegetation. So what happens to the way that area would be treated then in rcgards to a continuation of lawns, mowing or whatever they would do on the ground level? Any problems with that? MR. LENBERGER: It would -- well, according to the GMP definition, it's native habitat. Native vegetation, according to the definition of the GMP. The code language is trying to -- written to explain or c1ariry what is meant by that. And that's when we look to, well, what kind of canopy eoverage should we be utilizing. And we really didn't havc any answers. And we went to the FDOT FLUCCS guidelines, because they've spelled it out as a minimum of 10 percent canopy c1osurc. The issue is far from resolved. We've had this issue come up before, what percent canopy coverage would constitute native vegetation. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, but these are supposed to be preserve standards, right? MR. LENBERGER: Preservation standards. COMMISSIONER CARON: Okay. So not preserves but just preservation. MS. MASON: It's -- this first part is helping -- COMMISSIONER CARON: Right. MS. MASON: -- is how you calculate the amount of native vegetation that exists. And thcn once you reach an acreage, you have a percent that you have to retain and then you categorize based on the quality of habitat, as required. CHAIRMAN STRAIN: Wcll, look at the eorner of -- the northwest corncr of Estey and Airport Road. That project came before us. It's got natural canopy, good canopy, big trees, and entirely mowed grassy areas underneath. When they go to develop that property, how much of that property are you going to -- you already have it. Well, that's interesting. How much of that property are you going to claim is native vegetation? And based on what, strictly Page 40 16 I 1 f6 October 2, 2008 the canopy, or the entire value of, let's say, all the vegetation from the ground up? MR. LENBERGER: Presently the GMP defines it by highest existing strata. CHAIRMAN STRAIN: Highest, mcaning highest in the air? MR. LENBERGER: That's correct. Canopy coverage. MS. MASON: Right. If it's a treed habitat, like a pine flatwoods versus a marsh, where a marsh is -- a marsh might have some shrubs, but really it's all going to be herbaceous. And if an occasional trec has popped up, melaleuca or whatever, that doesn't make it its canopy. It's canopy is the marsh, because that's what's naturally occurring. And I believe that was kind ofthe discussion with that addition with naturally occurring canopy coverage, because of what was originally there, or what belongs there and not an occasional other species. CHAIRMAN STRAIN: So when you take -- on this particular site, when you decide what is natural preserved areas, because of the canopy coverage of the top trees, even though underneath is not natural at all, it's all mowed green grass, you'rc going to say the whole site qualifies for native vegetation preservation standards and you're going to use a percentage based on the whole site then; is that -- assuming the whole site has got that canopy coverage that you're talking about, which it kind of looks like. So is that the way you're looking at this? MS. MASON: That's the way it's becn applied, yes. And there are areas in there -- I know an evaluation was done on this site, not by me, but I know areas were excluded because they were considered open enough. But that wa~ really part of the reason that Steve was talking about trying to c1ariry how open is too open. Where do you draw the line? And that's what-- CHAlRMAN STRAIN: But don't you think there are other factors involving maintenance that is unnatural that occur at the ground level? I mean, when you've got a site like this that obviously -- well, the canopy is there because it's nice to save those big trees, they'rc being penalized because they mowed the lawn. I don't understand how that -- how is that practical? This doesn't -- I don't understand how you can have that application. Could you put the GMP language back up here? Wow. So when this wa~ adopted into the GMP, I don't think anybody at least on this -- myself. I can't speak for the rest of us. But I certainly didn't expect that it would apply to an area that just because they're growing native trees high up in the air everything they do on the ground now is penalized because of that. So the best they could have done is bulldozed everything down so they didn't have this canopy coverage and made it worse th,m it is today. This isn't a practical of the CCME policy. I don't know what we can do about it, but it looks like we're -- at least I feel I was misled at the time this particular policy came into discussion. Because it -- it doesn't make sense. MS. MASON: The former CCME policy was really just written backwards from this. Instead of this one saying 25 percent or more canopy coverage, it used to say 75 pcrcent or less canopy coverage, which really is the same thing. If there was 25 pereent of the canopy of whatever that top level was, whether it was trees or a midstory canopy or just ground cover, it was -- it's the same application. It's just a backwards way of -- or different way of wording it. But it -- this site, that SO site that was up on there, was evaluated, I believe, under the other -- the 75 percent or less wording, but it still gets you the same place, because you're still looking at the tree canopy and you're still looking to see if there's at least 25 percent of what's in your canopy is native, or that there's no more than 75 percent exotics in the canopy. CHAIRMAN STRAIN: Right now I don't know what we can do about that, but I'm not done Page 41 16 I 1 {tS October 2, 2008 thinking about it myself. Mr. Midney? COMMISSIONER MIDNEY: Well, no, I'm on 167. CHAIRMAN STRAIN: We're going to skip that. We're going to go right straight to 168. I think we're going to be coming back to that definition. I want some time to look at it. COMMISSIONER MIDNEY: Actually, it's kind ofrelated to this point. CHAIRMAN STRAIN: Let's go to 167. COMMISSIONER MIDNEY: On 166 you're saying that ifit's natural soil, in other words, the soil has not been disturbed, you require -- if25 percent of it is natural canopy, then it's considered to be native, eligible for a preserve. But if it's disturbed soil, on 167, you only require 10 percent native canopy. So in other words, if you had 10 percent pine trees and 90 percent melaleuca, but if the soil had becn disturbed, then that would still be something that would be considered native vegetation. It seems backwards. Because if the soil is disturbed, I would think you would want to have a higher percentage of canopy being native in order for it to be considered native. Because you've disturbed everything at the lower level. You're not going to get any natural strata. And that kind of relates to Mark's point about cut grass. Which I think, you know, in order to establish a lawn, you pretty much have to disturb the soil. CHAIRMAN STRAIN: Good point. Does that -- is that another way of looking at it? I mean, obviously it is. But how does that help us with the definition, and what is considered native in a case like like that example on Estey and Airport Road? You're looking at me. I don't have an answer, so I'm looking at you. MR. LENBERGER: I'm not looking at you, I'm thinking how to address this. It says 25 percent or more naturally occurring eanopy coverage of highest existing vegetative strata. We use 10 percent as a baseline for disturbed soil. CHAIRMAN STRAIN: Well, if it's 10 percent, thcn it can't be 25. MR. LENBERGER: What would you think would be native? What do you think should be considered native in a situation like that? We're open to ideas on addressing this issue. It's been a long-standing issue. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I don't remember the absolute outcome, but I do remember pretty much the conversation we had about that very property. We spoke about, you know, the upper story, the midstory and the ground cover. Now, since you had that document, did you bother looking to see how we concluded what the determinations were made? Because we did make some stipulations. Were those stipulations relative to what you're bringing before us, or were they exceptions to that concept? Do we know? Or did you reference them in any way? Because interestingly, you brought this one out. And that happened to be a very good, very good example of the problem of disturbed soils, yet having good quality overstory. You didn't get that far, right? MR. LENBERGER: I did not h I wasn't aware that you had heard a petition on that project. COMMISSIONER MURRAY: Oh, yeah, wc had a navigation agreement and everything. We went through the whole magilla on that. And we went ahead and that was approved by the BCC. And it had our stipulations in it. I don't remember what the stips were. CHAIRMAN STRAIN: I don't either. It's been a while.»COMMISSIONER MURRA Y: But it eertainly would have been important to relate to. Because the Page 42 16 Ilks October 2, 2008 question then is, you know, what position did we take, what position are you taking. Maybe you might look that up at some point. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: It seems to me that there's three levels to the plant cover the way we're looking at it: The groundcover, the mid-level and the canopy. If you've only got the canopy that's intact and the mid-level and the ground level are disturbed, it seems that you have a much less valuable piece of property enviromnentally. So maybe what you should do is quantiry, okay, how much of the canopy is good, how much of the mid-level, how much of the ground level, and use that as a way of categorizing it as valuable, worth preservation or not. Because if you've only got a few trees in the top, it doesn't seem like it's really environmentally valuable land. CHAIRMAN STRAIN: Steve, that's a good point. And what Paul's saying is you'd qualify it as native vegetation because of the canopy. But if you've got other levels of strata that are missing so that all the way down to the ground level it's not natural or not as it should be, then you have a different level of preservation needed for the amount of strata missing or layers of strata missing, and that would compensate for the fact that the upper canopy is native and qualifies as native, but the percentage of preservation would change based on the amount of strata left at each level. Is that -- Mr. Klatzkow? MR. KLATZKOW: Makes all the sense in the world, but that's not what your CCME policy says. COMMISSIONER VIGLIOTTI: That's the problem. CHAIRMAN STRAIN: Well, but it says that it would qualiry as the existing native plant species, native vegetation. But then how we treat the native vegetation on a percentage-wise is up to the implementation of the LDC, isn't it? And if the implementation process, where -- does it tell us in the GMP -- and I obviously haven't got it in front of me -- how much percentages are allocated to each? MS. MASON: Yes. Based on the size ofthe site and what type of devclopment, whether it's mixed use or industrial, it does specify percentages that are minimum requirements. CHAIRMAN STRAIN: Well, then how does thc-- MS. MASON: There might be some ability in the ranking. And this is 100 percent me talking off of my -- just thinking about it. When the ranking -- in the GMP and the LDC where it talks about how we select the preserves, there may be some room in there to get more specific with -- as you go down, if there's better of the same habitat, that that would be higher -- that we would be able to choose that. Because sometimes we can't, based on the LDC rules. But that would be more in the ranking on the site, but it couldn't change the percent requirement. CHAIRMAN STRAIN: Mr. Lorenz? MR. LORENZ: Yeah, maybe coming off of some of the discussion here, the ranking system talks about dry prairie, pine flatwoods, and then the last ranking is all other native habitats. And I'm wondering whether to go -- to be consistent with the GMP that we can maybe define where we have some soil disturbance or ground cover as being some type of -- it's a hybrid other native habitat, so to speak. It's mixed. I'm not sure whether that could be helpful, but we'd want to try to be as -- obviously we've got to be consistent with the GMP. CHAIRMAN STRAIN: I think if we could recognize the fact that the different strata missing contribute more positively or negatively to the native vegetation definition and tie it to that, that might be a Page 43 16\ 1 ~ October 2, 2008 way to resolve it. We ought to certainly look at that, because -- MR. LORENZ: Right. Well, we'll try to take a look at that. A little bit in answer to your question about the Estey Avenue. I can't remember exactly what we came up with, but there was an analysis around certain portions of that site that we did qualify as, quote, native vegetation, based upon the highest canopy. A little bit of the -- there's two issues that exist there: One issue is, is the understory the mowed property. The second issue is the canopy coverage, how sparse is it? So when you're thinking about this, you have to think about those two issues also. CHAIRMAN STRAIN: Wcll, Mr. Anderson's in the audience, and since he was the annoying -- I mean, the attorney that came forward and made the issue happen, Bruce, do you have a minute to tell us how we ended up defining native vegctation on that Estey and Airport Road site? COMMISSIONER CARON: He may not remember. CHAlRMAN STRAIN: Unless, you know, you can't remember things. But then that will c1assiry you as elderly and you wouldn't want to be there. MR. ANDERSON: Okay. Given those choices, I don't want to tell you. CHAIRMAN STRAIN: I was giving you incentive. MR. ANDERSON: My general recollection is that what was cleared and looked like a football field with a couplc of trees on it suddenly became nativc vegetation that needed to be preserved. And they had a clearing permit and everything. And it was, you know, really a ridiculous application of the requirements. CHAIRMAN STRAIN: So they ended up being penalized, because then when they got the clearing permit they left the trees up. MR. ANDERSON: Ycs, yes. MS. MASON: My recollection of the clearing permit was it was an exotics vegetation removal permit and it was not a clearing permit for anything else. Do you happen to know the name of that project? I'm trying to find the staff report or something. MR. ANDERSON: Meridian Village, I believe. CHAIRMAN STRAIN: Okay. Thank you, Bruce, that helps. Well, I think you understand where our concern is and the definition and how it applies to non-native strata, all the way to the ground. And if you could figure out some solution to that. We haven't got one here today, but I think that needs to be focused on. At the same time, though, on 166.A, it says general standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the county. Well, then if that's the case, and the definition is tor 25 percent or more, how do we fit that second paragraph in? And this was a question Tim Hall had asked as well. How do we all of a sudden have 10 percent or more qualiry as native plant species? And I think that may need to be addressed. And I had circled and Tim had noted as well that in the next -- MR. LENBERGER: Could I answer that? CHAIRMAN STRAIN: Go ahead. MR. LENBERGER: It's the sparsity of the site, not the pcrccnt of canopy coverage. COMMISSIONER MURRA Y: The what? Sparsity of the site? COMMISSIONER CARON: Say that again? MR. LENBERGER: The 10 percent is the amount of coverage ofthe total area, not the percent of the canopy coverage. CHAIRMAN STRAIN: What's the-- Page 44 16 I 1 ,,6 October 2, 2008 MR. LENBERGER: You have 25 percent. You have an area of canopy coverage, say 80 percent of forested area and the rest is open. And a certain percentage of that is melaleuca and a certain percentage of that is native. That's the percent canopy coverage. This is talking about the percent of the total area of the site. COMMISSIONER MURRAY: Which would include canopy, midstory-- CHAIRMAN STRAIN: Mr. Murray, you have to use your mic. MR. LENBERGER: We're not talking vertical, we're talking horizontal. COMMISSIONER CARON: That's not what it says. CHAIRMAN STRAIN: No, I'm not getting it either. Steve, let's go -- the definition says 25 percent more natural occurring canopy. So that means if you have pine trees and they got canopies and they're 25 percent more of some grid, then it's natural. MR. LENBERGER: Right. CHAIRMAN STRAIN: One -- the paragraph that we're talking about says 10 percent more of canopy closure. MR. LENBERGER: Closure. CHAIRMAN STRAIN: Okay, well, that's -- what's the difference between 25 percent more naturally occurring canopy or 10 percent or more canopy closure? I mean, it's the same thing. Isn't a canopy close something (sic)? Otherwise, what is it? MR. LENBERGER: That's because the 25 percent definition is 25 percent of the existing canopy strata. So it's whatever -- it doesn't necessarily mean it's the entire site. It's whatever portion of that site is vegetated with that highest existing strata, the canopy. The 10 percent is dealing with the entire site, whether it has any canopy or not, okay, or sparse canopy. It's dealing with the closure of the entire strata level, not the percentage of trees in the area, native or non-native. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Okay, put up the Estey site again. CHAIRMAN STRAIN: I'm lost. COMMISSIONER CARON: Well, I'm going to try to see if[ understand it or not. I don't know. So in order for you to determine the native vegetation on this site, you're telling us that -- and let's just assume all these trees are native -- you need to set aside 25 pcrcent of it, right? COMMISSIONER SCHIFFER: No. COMMISSIONER CARON: Will qualiry as -- to qualiry for your preserve. MR. LENBERGER: There are open areas on the site, I think it was already brought out, that weren't included. And it-- COMMISSIONER CARON: Doesn't matter where it is, just somewhere you've got to get to 25 percent, right? MR. LEN BERGER: Y es. You have 25 percent canopy coverage of the area. There's no exotics here in this case that I know of: tmIess staff can correct me. Like I said, I wasn't involved on this particular project, so I can't give you the specifies. But I can tell you this: If you look at the whole site, let's just assume it's all native, and I believe most of it is native, that it's 25 percent. CHAIRMAN STRAIN: Steve, I've been in different meetings and I've watched you make presentations, not just here but the HOA's. And every time you come aeross to people, you seem to have a practical way of explaining it. We're finding out today that you've not written most of these. And I can understand that. But couldn't you rewrite them? I mean, this isn't -- we're going to be beating these things up for days, knowing Page 45 16 I 1 ~S October 2, 2008 that the intent here might have been to put things in that were unintentionally known to everybody. And I think the process we're trying to get to is we want it straight, open, clear, so that anybody picking up this book can read it and try to understand basically what it means, instead of all these deals we've got to go through to try to figure out what it means. And we're the group that deals with this more than most people in the county. MR. LENBERGER: We'll take your input and -- but clarification would mean expanding upon the GMP language in the vegetation definition. CHAIRMAN STRAIN: No, no. MR. LENBERGER: No? CHAIRMAN STRAIN: No, clarification of the paragraphs we're talking about, just rewrite them so that we ean understand them. Give us an example. Put this one on here and show us how it applies in an example. And maybe make a graphic for the code like we have in other parts of the code when we're trying the architectural, something so that somebody can understand what it is you're trying to say here. I don't know if I -- does anybody herc understand it? Brad? COMMISSIONER SCHIFFER: No, I don't, but -- COMMISSIONER MIDNEY: I don't understand it. COMMISSIONER SCHIFFER: -- I have a question. Steve, if you look in the definition, it says natural occurring canopy coverage or highest existing vegetativc strata. On this other paragraph it's saying 10 perccnt or more canopy closure of highest existing. And even in the vegetation, when you've read that every now and then, you've changed that "or" to be an "of". Is that where we're getting hung up on, or -- MR. LENBERGER: We need to c1ariry it. COMMISSIONER SCHIFFER: Okay. And highest really does mean the height. I thought that there was a way we were ranking vegetation and the highest meant that. COMMISSIONER VIGLIOTTI: Yeah, that's what I thought, too. COMMISSIONER CARON: Me, too. CHAIRMAN STRAIN: Physically highest, tallest. MR. LENBERGER: Tallest. CHAIRMAN STRAIN: Say the word tallest. COMMISSIONER SCHIFFER: Yeah, you really should. Because we do rank vegetation, don't we? Don't we have a way -- so I mean to me that's what that always meant. It never meant the actual height. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: And if[ -- and I'm treading down here carefully. But looking down on this particular picture, and I'll tell you what went through my mind as I thought you were trying to express it to us, on the 10 percent thing I'm visualizing that you might go with a red pen or whatever and you would take those sparse areas and you would extract them. MR. LORENZ: Yes. COMMISSIONER MURRAY: Oh, I got it right, what do you know. You'd extract them and then you'd total up the balance and then the 10 percent is applicable based on that; is that right? Where did I leave you off now? We got half of it right -- I got half of it correct? MR. LENBERGER: Drawing the area around the group of trees is where the 10 pereent applies. COMMISSIONER MURRAY: I think I may have said it a different way than you, but I think I'm -- let me veriry that. Page 46 16 I 1 kG October 2, 2008 We've extracted the barc spots. MR. LENBERGER: That's correct. COMMISSIONER MURRA Y: Okay. So now we have left this area that's filled with trees. MR. LENBERGER: With a certain amount of canopy coverage. COMMISSIONER MURRAY: So now that's the 10 percent. We want to qualiry through that with the 10 percent. MR. LENBERGER: No, the 10 percent, whether it's 10,30 percent, I'm just throwing out numbers here, whatever perccnt you're going to define, those are thc areas you draw the lines around and say you're going to look at those areas. And that's where your preservation requirement will be based upon. COMMISSIONER MURRAY: Well, that sounds logical from thc way you just expressed it. But I hope you can put it in better language than that. Thank you. CHAIRMAN STRAIN: Well, Steve, when you're rewriting, that sccond underlined paragraph where it talks about highly disturbed and severely altered. MR. LENBERGER: Yes. CHAIRMAN STRAIN: I mean, what's higWy and what's severcly? So those ambiguous terms ought to be ferreted out, clarified. So I think at this point you're just going to have to come back with a rewrite of that section that somehow reads so that the average person can understand it. Page 168. Questions on Page 168? (No response.) CHAIRMAN STRAIN: Under number six where the vegetation has been illegally cleared, the amount of native vegetation used to calculate the preservation requirements will be that amount present at the time prior to the illegal clearing. I'm trying to understand, is that -- let me read the paragraph I got from Tim Hall. COMMISSIONER CARON: Wait-- CHAIRMAN STRAIN: Go ahead. COMMISSIONER CARON: -- a minute. Were you reading from six? CHAIRMAN STRAIN: Six, yeah. COMMISSIONER CARON: Well, it's legal, not illegal. And-- COMMISSIONER MURRAY: That's not the six I have. CHAIRMAN STRAIN: Oh, mine says illegally cleared. COMMISSIONER SCHIFFER: No, go further in. It's illegal. COMMISSIONER MURRAY: Mine's dated 8/22/08. COMMISSIONER CARON: It says, where vegetation has been legally cleared, the amount of native -- CHAIRMAN STRAIN: Mine says illegally. COMMISSIONER KOLFLA 1': Mine says illegally too. COMMISSIONER MURRAY: It starts out with legally and then-- CHAIRMAN STRAIN: No, number six, the fourth line starts with a paragraph, where vegetation. And mine says illegally cleared. COMMISSIONER CARON: Mine says legally. COMMISSIONER SCHIFFER: They're rcading the first sentence, Mark, not the fourth sentence. CHAIRMAN STRAIN: Okay, let's go back to the fourth sentence. COMMISSIONER CARON: Oh, all right, okay. Down to the fourth. Okay, all right, that says illegally. Page 47 16 I 1 cAb October 2, 2008 I'm sorry, I thought you were starting at thc top, and I was going wait a minute, how did that -- COMMISSIONER MURRAY: That's what I thought, too. COMMISSIONER SCHIFFER: Can I ask a question? CHAIRMAN STRAIN: Go ahead, Brad. COMMISSIONER SCHIFFER: And since you kind of brought this to 1989 as the threshold of the grandfather date, how does somebody go back and prove -- they've just got to find some aerial or something to prove that this was e1eared prior to '89, thus anything prior to '89 would be considered legally cleared? MR. LENBERGER: Yes. Under thc ago section, and some of that stuff is listed in iii below. Some of that was taken out of the Section 10.02.06 of the LDC. COMMISSIONER SCHIFFER: Okay. I see, thank you. CHAIRMAN STRAIN: Does that paragraph in six pertain to the amount of native vegetation, based on what was present at the current or the original D.O. or the petition, or what? MR. LEN BERGER: Okay, you're reading the first paragraph on six, is that what you're -- CHAIRMAN STRAIN: Yes. At the time of development order or land use petition. Is that the original one or modification? MR. LENBERGER: Vegetation has been legally cleared, the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time of development order or land use petition application. CHAIRMAN STRAIN: And let's think of that -- MR. LENBERGER: If it was legally cleared it would be amount present at the time you're coming in with your application. CHAIRMAN STRAIN: But what if there's a Youth Haven down off -- the other part of the county. Their existing parcel was six or so acres or whatever, and they bought a parcel next to them in which they wanted to expand. When they came in, or when they come in, or however their process is, will they have to have the native vegetation requirement on today's standards for the entire six plus two, or just today's standards for two and whatever the standard was for the six at the time it was developed? And I think that's the kind of question we're trying to get to here. MR. LEN BERGER: I can't answer the specific project -- CHAIRMAN STRAIN: I know, but just as an example. MR. LENBERGER: Okay. The preservation percent requirement would be in the total aggregate of the site. So whatever parcels you're putting together, the percent requirement is based on the total aggregate. CHAIRMAN STRAIN: But the percent keeps increasing, or has increased. And what happens is if you're -- 20 or 30 years ago you had a 10 percent requirement on a six-acre site that's.6 acres. Now all ofa sudden you expand your site by two acres, but the percentage of preservation has gone up over the years to 30 percent, so now you've got to have 30 percent of eight acres, which is more than compensating -- overly compensating for what you originally had a development order for. That's what I think -- MR. LENBERGER: Okay. Well, we have the vesting language I talked about for the other section. The preservation amount became fixed for commercial and other type developments other than residential and mixed use in the mid to late Nineties, and that was direction we received from the Board of County Commissioners, right about the time the Sports Authority went in on Pine Ridge Road. So it did go up once. It became a fixed amount. It used to be an appropriate amount, but it went up once. I can't say it keeps going up. It went up once. Direction to c1ariry that a fixed perccntage for certain projects, and that was at the direction of the board. CHAIRMAN STRAIN: I understand, that's fine. Whether it goes up onee or 10 times, it's still the Page 48 161 lA0 October 2, 2008 same application. If you came in 30 years ago or 20 years ago and you've got permission to do a certain thing on the parcel and you want to expand and you bring in your new piece, which is smaller, but the percentage now is fixed at a higher rate so that almost the entire new piece that you want to bring in can't be used, is that the intent of six is to catch that, or should we be looking at vesting those previously developed sites for what they were vested for when they were first done and only weigh the new on the new section? MS. MASON: Six is designed for new devclopments. If you see seven, it precedes with redevelopment and expanded sites. Six is if iI's the first time it's coming in from review. Maybe switching in from ago use or just a vacant piece ofland. CHAIRMAN STRAIN: Okay. So then we go to six. But if you have a redevelopment site or an expanded site, what valuation do you use for your percentage of native vegetation then? Say it's an expanded site like the example I cited. MR. LENBERGER: And I believc we have it here on Page 169. CHAIRMAN STRAIN: Okay. MR. LENBERGER: Hang on, I have to find it. Just give me a second. Okay, it's B. On ] 69.8. That's where it talks about the percentage. Within the boundaries of a site requesting development which includes an expansion of the site, the preserve requirement percentage shall be based on the total eombined acreage of the whole site. CHAIRMAN STRAIN: Right. Which is exactly what I've been-- MR. LEN BERGER: And I think what you're saying is that the developed portion of the site should be vested. And that was the language that we have on the visualizer. We could include language here. I'm not arguing with your point. CHAIRMAN STRAIN: No, I understand. But that's what I'm trying to get to. So this language here was the one that would then respond to my question in yellow? MS. MASON: Right. I think what -- and staff: I think when we were looking this over, what we wanted it to say would be say the original development had 10 percent rcquirement, but the expansion would kick it up into the 15 percent for that portion of what's added, it would be 15 percent. But it wouldn't require an additional five percent from the first part. CHAIRMAN STRAIN: That's what I was getting at. MS. MASON: That's what we were trying to get at, too. CHAIRMAN STRAIN: Okay. Then that's why you added the language that we have there. Okay, and I notice in that language you've got 1989 as the date. 6.A.ii looks like -- is '93 the date? Which date is the date? On Page 168, 6.A.ii. MR. LEN BERGER: Oh, ij on 168. Okay, that's the ago clearing. CHAIRMAN STRAIN: Right. That's just for ago clearing? MR. LEN BERGER: Permit to clear vegetation for agricultural purposes prior to 1993 remains clear. Right, that's the ago MS. MASON: It's because of the rezone 10-year limit that was switched to 25 for new ones. MR. LENBERGER: Right, the rezone limitation. CHAIRMAN STRAIN: Why don't you just put years instead of dates? Why don't you say if it was cleared prior years. Is there a reason we just don't look at that? If it was '93 as one of the dates, so that's what, 15 years? Is there anything cleared prior 15 years that applies? COMMISSIONER MURRAY: Yeah, but Mark, if you're reading that, wouldn't two years later you'd be at a phase with when -- Page 49 16 J 1A0 October 2, 2008 MS. MASON: Yeah, we did --I think it was because 2003 was when the Growth Management Plan changes went into effect. So they -- and that's when it switched from 10 years to 25. So we just went backwards and put that in there so no one would be doubtful when that time period started. Rather than 10 -- I think originally it said 10 years prior to 2003, and that seemed confusing. CHAIRMAN STRAIN: Okay. We're on Page 168.iii -- A.iii. Demonstrations of continuous bona fide agricultural activities shall include agricultural classifications. Wouldn't that be may as example include? Because you're not saying that's the only one. I notice Bill's shaking his head yes, so -- and then the next one would be shall be supported by dated aerial and may be supported. Regardless, you're looking for support. You don't care what the support is, as long as it's genuine. And some of those words -- may would allow t1exibility in what support you can consider. And you may find that there are a lot of items out there they hadn't thought of, so -- And then this sworn testimony from previous owners which positively establishes the commencement date. How positive is positively? I mean, how do you tell if somcone's telling you something, how do you know it's not positively? So I don't know if that's the right qualifying word for someone's testimony. Maybe an affidavit or -- well, it says sworn testimony. So if they're giving you sworn testimony, that's it. COMMISSIONER MURRAY: Why don't you just delete the word positively? CHAIRMAN STRAIN: Right. That's what I'm suggesting. Ms. Caron, did you have something? MR. LEN BERGER: The word positively was taken from the Section 10.02.6. That's where it came from. But we can delete it; that's not a problem. CHAIRMAN STRAIN: Okay. Did you have somcthing? COMMISSIONER CARON: No. I'm fine, no. CHAIRMAN STRAIN: Wcll, Iet'sjump over to 169. Any questions on 169? (No response.) CHAIRMAN STRAIN: On the top where you say native vegetation acreage existing at the time of the original site development. What ifit was previously cleared, does that -- meaning it grew back. Does that make any difference? Or are we still back to those time frames of '93 and '89? I'm just looking for an answer. MR. LENBERGER: Original site development. You're talking 7.A? CHAIRMAN STRAIN: Right. MR. LENBERGER: Amount of acreage existing at the time of original site development. CHAIRMAN STRAIN: Does that mean back before any clearing was ever done on the site? Before it was agricultural usage on the site? MR. LENBERGER: At the time -- whatever was determined at the time of initial application. CHAIRMAN STRAIN: Okay, what if you have a site that had ago on it and it's been since revegetated, would that have any -- would the ago have any consideration, the ago use, the prior ago use that cleared the site? MR. LEN BERGER: That's the other issue. What this is saying is that whatever determination you make at the time of your initial application for development, that's what it's based on. Now you're going before that and detem1ining that up to that point. And that's the other sections of the code we're trying to deal with here on 6.A., where it talks about the ago So there are two different -- six comes first. CHAIRMAN STRAIN: I wish this wa~n't so hard, Steve. Ijust wish this language was plainer, but -- the next paragraph, if the preserve requirement is less than the acreage ofremaining native vegetation Page 50 161 IP<0 October 2, 2008 on-site, then the preserve selection shall be based on the current -- and you say preservation standards. Shouldn't it be based on the amount of native vegetation? MR. LEN BERGER: Go ahead. MS. MASON: That is really more the ranking that -- the current preservation ranking standards. The problem with -- we did look it up, and the chart in the LDC and I bclieve also in the GMP just referred to it as preservation standards. But that's really what it's referring to, that if there's -- you come up with an acreage, and then you have to -- they would follow the same ranking as anyone else. CHAIRMAN STRAIN: Couldn't we put in the ranking pursuant to LDC section whatever? Is there something wrong? I mean that just leads-- COMMISSIONER MURRAY: No, that makes sense. CHAIRMAN STRAIN: That just gets us to where we know what to refer to. Then you have Page 169. Under C, in no case shall an existing or expanded site become more nonconforming with regards to native vegetation retention requirements. Tim Hall had noted is it to be assumed that it's nonconforming to begin with? So it wouldn't be that if an existing or expanded site is nonconforming then it shall not become more nonconforming. Wouldn't that -- okay? COMMISSIONER MURRAY: No further degradation might have been what they're intending. CHAIRMAN STRAIN: Yeah. COMMISSIONER MURRAY: Does that work, no further degradation? CHAIRMAN STRAIN: It gets to the same point ofwhatcver the staff -- yeah. COMMISSIONER MURRAY: Yeah. I mean, it's circular. But there is a nuance. CHAIRMAN STRAIN: Page 170, anybody on Page 170? (N 0 response.) CHAIRMAN STRAIN: Page 171. Ms. Caron? COMMISSIONER CARON: Why are we exempting essential services'! CHAIRMAN STRAIN: It's the govemment. COMMISSIONER CARON: Yeah, I know. I just like to hear them say this every single time. It drives me insane. I don't think we should be asking people to do things we're not willing to do ourselves for the most part. CHAIRMAN STRAIN: I mean, why -- MR. LENBERGER: It's not exempting all govemment, it's just exempting the essential services, other than park sites. COMMISSIONER CARON: Well, everything-- CHAIRMAN STRAIN: It's all government anymore-- COMMISSIONER CARON: -- you have is considered an essential service. CHAIRMAN STRAIN: A bathroom is considered an essential service now. COMMISSIONER MURRAY: Specially for old folks. COMMISSIONER CARON: I actually want to go -- CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: Unless you want to follow up-- COMMISSIONER SCHIFFER: Well, isn't this saying that you can put -- you could do it off-site, but you're not allowing essential services to do it ofT-site. Is that what this is saying? MR. LENBERGER: No, we are. COMMISSIONER CARON: These are ways-- MR. LENBERGER: This is the applicability. COMMISSIONER SCHIFFER: Okay, all right. Page 51 161 1~0 October 2,2008 COMMISSIONER CARON: So five, the affordable housing one? MR. LENBERGER: Yes. COMMISSIONER CARON: Isn't this just sort of creating a lot of high density area with no green space? In other words, where I come from it's called a slum. Seriously, if you're going to pack, you know, hundreds of homes and it's going to be nothing but concrete on the ground and up, because you've allowed them to take all their vegetation requirements off-site, I'm not sure that's really a good thing. I'm not sure that's a good thing for the people who are going to end up living there. It may be fine for whoever is developing it, but I'm not sure it's a good thing for people who have to live there. COMMISSIONER MURRA Y: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRA Y: Actually, that's a rudiment of smart growth. That really is. COMMISSIONER CARON: That it should be a concrete jungle and -- COMMISSIONER MURRAY: Yeah, pretty much it's going to result. The idea is green space goes away -- goes outside and density goes up and -- COMMISSIONER CARON: That doesn't sound real smart to me, sorry. CHAIRMAN STRAIN: Anybody else have any questions about five? We'll take a look at that one. It's a good point. Why do we want to treat affordable housing projects any differently in regards to some preserve standards? They might have some latitude, but I'm not sure eliminating them completely is the answer. MS. MASON: Excuse me, I put up the section of the CCME, because in paragraph 10.D it says, the type of land use proposed sueh as but not limited to aflordable housing. And I -- COMMISSIONER CARON: Where are you? CHAIRMAN STRAIN: She's on the screen. MR. LENBERGER: The CCM policy we're dealing with. MS. MASON: My understanding, I wasn't involved with the Growth Management Plan ehanges, but I was given the impression that the board was specifically interested in allowing it for things like affordable housing. I ean check with Bill, ifhe has more to say. MR. LEN BERGER: We would look to you and the BCC for direction -- CHAIRMAN STRAIN: Mr. Murray? MR. LEN BERGER: -- regarding the amount or whatever appropriate. COMMISSIONER MURRAY: Going beyond that, out in Immokalee, for instance, where I know Paul can speak to this certainly, you might have where the folks come and go, the ones that pick food and so forth, that might be deemed aflordable housing. And the amount of money that it takes to put everything around, it may not be the best situation for that area. I wonder if this wasn't an effort to try and look at that issue. Was that even dreamed of, part of it, any part of it at all? MR. LENBERGER: I don't quite understand exactly what-- COMMISSIONER MURRA Y: Okay. I'm sorry if[ didn't make myself clear. I'm thinking that out in Immokalee, I use that as an example, where they're trying to introduce opportunities out there. Their income stream -- you know, their income is rather limited out there. So by having to put all the preserves in and retain this and retain that, it essentially makes it prohibitive for them to build some of the things they need. And that's the cirele that I'm talking about. Was that even considered in this? That's the question I'm asking. MR. LORENZ: Yes, let me answer it. And I think Susan has put up on the visualizer the GMP Page 52 !J~bt 2, ~~ requirements. For affordable housing, I think that's -- if what you're saying is that the concern was that the requirements on-site for preserves, retain native vegetation going into preserves, took away from the ability of that project to get its density to be able to be affordable. The thought was back then, and I remember talking with one or two individuals, that they indicated that if you could have an off~site alternative for affordable housing, especially for a payment in lieu of, they could raise funds to preserve that off-site, they could get money, cspecially in the payment in lieu of, and that would be helpful to them. So that was -- I mean, I had that conversation. So indeed, that was -- was the idea was to try to reduce the cost or at least the cost to the affordable housing developer, especially ifhe could raise money from donations for that off-site aIternative. COMMISSIONER MURRAY: I thought that might have -- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Bill, isn't it essentially only the units you get through the density bonus, whatever percent those units are, that's the percent of preserve you can move off-site -- MR. LORENZ: Yes, that's how we constrain this proposal. CHAIRMAN STRAIN: So if you get 10 percent increase you get a 10 percent preserve off~site. COMMISSIONER CARON: So it's not an unlimited thing. MR. I DRENZ: Correct, it's tied to that affordable housing bonus agreement. COMMISSIONER CARON: Just to the bonus agreement, okay. MR. LORENZ: For those affordable housing units that are allowed. COMMISSIONER CARON: I'm good with that. CHAIRMAN STRAIN: Okay. Let's move on to other parts of Page 171. Anybody else? (No response.) CHAIRMAN STRAIN: How about vi, number six, proposed preserves where the amount of exotic vegetation necessitates mechanical removal. What's the trigger for necessitates? Who decides that? How is it decided? MR. LENBERGER: We wanted to add flexibility. Some sites are -- they're so impacted with Melaleuca, for example, let's just say, you know, 75 percent coverage and sparse native vegetation, that you're better off going off-site. This was put here to just add flexibility. CHAIRMAN STRAIN: Right. And I understand and I don't disagree with you. But the point is the word necessitate in your mind could be a whole heck of a lot different in the mind of a developer who wants to move it all ofl~site. And he says that's necessitating as fur as I'm concerned. MR. LEN BERGER: I don't know what -- another word to use there unless you -- CHAIRMAN STRAIN: Put a percentage in. MR. LENBERGER: You want to do a percentage of coverage? CHAIRMAN STRAIN: Well, wouldn't that be more definitive and be able to -- you could -- you tell me, Steve, what -- if you've got Melaleuca on a site and it covers 25 percent of the native vegetation, are you going to allow mechanical removal? MR. LENBERGER: It's not just canopy coverage. It could be a whole host of things, and a lot of exotics require different types of treatments. You could have air potato, which is just an invasivc just blanketing a site. But you can have a whole forested canopy and it would just be a monumcntal effort to get rid of it if it was so dense. You could have torpedo grass fully in a marsh where maybe it was in the middle of your community and -- your development and you wanted to eliminate it, but you have this preserve requirement, it just would be so full of torpedo grass, you'll never get it out. CHAIRMAN STRAIN: I'm not disagreeing-- Page 53 161\ 1M October 2, 2008 MR. LENBERGER: It's very hard to define specific criteria for all those different types of exotics. We wanted to add some flexibility there. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I don't even know if the word necessitates is the critical factor. The amount becomes the factor. But if you remove mechanical, would that dramatically change your -- I mean, you're focusing on mechanical. Either it needs to bc removed or it doesn't. Does that solve the problem, do you think? COMMISSIONER SCHIFFER: No, it's different. COMMISSIONER MURRAY: I mean the word amount is your real critical factor there. How do you know when it's the tipping point to get removal, right? But that's a judgment factor they want to have. Now, who goes into -- do they do that grid thing and then calculate it -- CHAIRMAN STRAIN: That's what I'm trying to find out. The problem I have is the --I understand you want flexibility. There have been people who would believe that your department, not you in particular, but your department doesn't provide any flexibility, in fact goes in the opposite direction. So I have to proceed under that assumption and that's the worst case scenario. And that's where my concern lies with the word necessitates. I don't know where -- I don't know how to leave that ambiguity with the decision-makers who need to make that decision and expect a practical outcome. COMMISSIONER MURRAY: Well, at some point a necessity arises, at some point. We don't know what that point is. You talk about percentage, and I agree, percentage might be applicable. You don't like the word necessitates, but at some point you have to remove the stuff, right? So how else would we go? I mean, I know where you're coming from, I think. MR. LENBERGER: We could put 75 -- COMMISSIONER MURRA Y: But I'm thinking -- my issue is not the fact that it's necessary, it's at what point is the trigger pulled. MR. LENBERGER: Right, understand. COMMISSIONER MURRAY: And maybe -- MR. LENBERGER: Do we want flexibility too -- COMMISSIONER MURRAY: So tell us the process. You take a parcel of land, then you put a grid over it and you go over -- I'm doing this on purpose, I know you don't do this. But if you had this process, you would be able to see oh, well, we have 72 percent and it has to be cleared. You don't care if it's mechanically cleared, that would be the more logical way. If you had 20 percent, you might still want it cleared. At what point do you care that it's not cleared? CHAIRMAN STRAIN: Brad, can you oiler some help? COMMISSIONER SCHIFFER: Yeah, Steve, aren't we reading this backwards? This is -- somebody who's managing a preserve comes to you and says I've got a problem, I'm going to have to put mechanical equipment in there to solve it. You judge that. And then you're going to come back to him and say okay, I'll let you rut in or whatever it is you're going to do, but I want you to pay some off-site mitigation for that. Isn't that the intent of this? In other words, this is allowing me to use the off-site because I'm going to use mechanical equipment to -- MR. LENBERGER: It's to give you the option. This is not a requirement, this is to give you the option. COMMISSIONER SCHIFFER: Right. This is me coming to you saying I want to use mechanical, and you say whoa, whoa, you can't unless you -- and then we start negotiating off-site mitigation -- or the off-site retention. Page 54 16 I IfG October 2,2008 MR. LENBERGER: We could put a 75 figure there if you're more comfortable with that. COMMISSIONER SCHIFFER: I think no percent is a good idea. MS. MASON: But just to c1ariry, this isn't a mitigation, this would be an off-site retention. So they would no longer have -- if they went this route, they would no longer have whatever portion of the preserve remaining on-site. They'd be free to develop that. COMMISSIONER SCHIFFER: Right. Because you're expecting me to ruin it with my mechanical attack. But it's up to me to want to do the mechanical. It's up to you to judge whether -- you know, if it's to take an air plant off a tree, you might reject that. MS. MASON: Normally exotic removal in preserves is restricted to hand clearing or hand carried tools only. It's more extraordinary circumstances that they might be allowed to take mechanical machines into the wetland or whatever area without destroying the other native species. COMMISSIONER SCHIFFER: This is giving you the handle you need to force them to do the off-site retention for the damage they're going to do to that preserve, because it won't be preserve anymore in that area that they mechanically -- MR. LENBERGER: We're not forcing anyone to explore this option. This is just an option for them, if we wish to pursue it off-site. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Don't we have an unintended consequence potential on that one, where you're actually motivating people to clear their land so that they can build more? No? CHAIRMAN STRAIN: Well, see, what would happen I think is that some people wouldn't want to put preserves on their property, and they could use a volume of exotics on their land to argue it necessitates mechanical clearing; therefore, you have to let me mitigate off-site all my property. And I don't believe that's what we as a board would want to see necessarily. But there are times that may be warranted, and that's why we're trying to get to the word, whether it's amount or necessitates, some kind of percentage. Because you leave it up to a developer to make that decision, they're always going to do oft~site if they can. It gives them more possibilities on-site. MR. LENBERGER: Why don't we take a look after that. CHAIRMAN STRAIN: I was going there next. The word overrun. MR. LENBERGER: Well, you know -- these are all kind of the same ideas here, so maybe we ought to look at them. We've got overrun, or we have so much that it requires mechanical removal. CHAIRMAN STRAIN: Steve, I think you're gelling a flavor of where we're going. Could you try rewriting those two paragraphs? Because the next one is just as bad, in preserves overrun and where restoration is not possible, preserves not prcviously overrun by this type of vegetation which arrive at this state due to lack of management. Those are all really ambiguous statements that have -- really they're just at the discretion of whoever is taking the application at the time. And I think that's a concern, so -- Ms. Caron? COMMISSIONER CARON: Yeah, I think six, seven and eight as well all leave things wide open for abuses. I really think that we will not get what we want out of this, we'll just get a lot of off-site mitigation. CHAIRMAN STRAIN: And I think the abuse can go in both directions, which is what we're trying to stop. COMMISSIONER CARON: Yeah, it could, yeah. CHAIRMAN STRAIN: Right. So with your -- if you didn't write this, I'm assuming you didn't, could you take another stab at it, or a stab at it? MR. LEN BERGER: I understand you're looking to tighten it up. And it seems to me that for six you'd have to do a percent if you wanted to quantiry it. And I would suggest the 75 percent. I'd have to Page 55 16 I 1 AS, October 2, 2008 revisit the language a little bit closer. COMMISSIONER SCHIFFER: Let me, Mark. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Steve, the danger on the pcrcent, what it has in here is that the county man (sic) or his designee could work with that person and determine it. Isn't that the control to prevent them tram abusing it? I mean, ifI'm there I've got to bring in a D9 or something that is going to totally ruin the whole preserve, you're going to discuss that with me, we're going to come up with other options prior to that happening, right? Isn't that -- but if you say 70 percent, then I'm going to go in and ruin 70 pereent and expect it by right. MR. LENBERGER: You know, we -- if you don't feel comfortable with any of these criteria, we can eliminate them. You know, they don't have to be in there at all. COMMISSIONER SCHIFFER: I think they're good. I think eight, if you come out to my preserves and I've turned it into a topiary of elephants or something, you're going to discuss whether I ruined the intent of what the preserve is about, and, you know, make me do something. I mean, that's the handle you need, isn't it, to keep somebody from turning a preserve into a decorative garden? MR. LENBERGER: Well, the preserve management plan would be the appropriate instrument to regulate what happens in the preserve, along with the conservation easement, which we have other amendments for. This is just allowing off-site. So presumably if you managed a preserve other than for its intended use, you'd have to restore it. This is just trying to get some flexibility and say at what point. You say well, it's probably better just to do it ot1~site. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: I don't think it's going to fly like it is. I think you need to come back with something, Steve, and I don't know how we can have more discussion than we've had. We'll certainly hear from the public, so maybe you'll get some insight during that portion of time. Anything else on Page I7I? (No response.) CHAIRMAN STRAIN: If not, we'll move to] 72. Anybody have any questions on Page 172? I have more writing on my page than I have typing. Anybody else? (No response.) CHAIRMAN STRAIN: Ii talks about preserves shall remain on-site, then it talks about in the center, about the sixth line down, wildlife corridors and protected or listed species nests, buffers and foraging habitat. I go back to my same concern that anything is a foraging habitat. So as we talked about tightening up the other language as to having a species on-site or something, in lieu of that, that may be something to consider. The six lines down from that it talks about contiguous lands having a continual prcponderance of wetland or wetland plant species. Who determines what a continual preponderance is? How is that figured out? MR. LENBERGER: It would have to be evaluated by an environmental consultant. CHAIRMAN STRAIN: Okay, so you take a consultant's evaluation on that? MS. MASON: Staff always does site visits to confirm that the FLUCCS mapping or whatever information is provided is accurate. But it would be as part of mostly either an EIS review or just a -- if it doesn't reach that standard of review of the site. So I think it would be provided by the applicant and Page 56 161 1M October 2, 2008 verified by staff, like most other information they provide. CHAIRMAN STRAIN: Okay. MS. MASON: And the preponderance, I think that's just at least half. MR. LEN BERGER: It's often a term the state uses. The defining, c1arirying what a flowway means came at the request ofDSAC, and that's when we put this language in here dealing with the federal agencies, regional drainage studies, surface water management permits. They all -- they all identiry flowways. And then we took this other language out. I believe it's in the -- is it in the interim watershed -- interim watershed plan for the county, which is in the code. And so that's where this other language came from. CHAIRMAN STRAIN: How do you know where an edge of a tlowway is? MR. LENBERGER: You have to use the criteria here. CHAIRMAN STRAIN: It just says it shall be determined on field determination based upon vegetation and elevation differences. MR. LEN BERGER: From the adjacent uplands and transitional wetlands. CHAIRMAN STRAIN: So it's like a wetland jurisdictional line? MR. LENBERGER: I would have to ask staff who wrote this exactly how they intended that to be. CHAIRMAN STRAIN: Well, I think it will be supplied. I just was curious. It's not nothing we have to delve into. The iii, in the second line you're talking about a minimum one acre in size, and in the last line, remaining preserves less than one acre in size may also be provided on-site. Is that a contradiction? MR. LEN BERGER: Well, it says unless preserve with higher quality habitat not qualifying for off-site native vegetation retention. Then if you have a piece that has quality habitat and non-quality habitat, we're just saying if it's one acre or less, you can also do that off-site. But I see what you're saying here. CHAIRMAN STRAIN: Well, looks like in the first part you can't have anything less than one acre and the last part it says you can. MR. LEN BERGER: Right. It may not be needed is what --I see what you're saying, okay. CHAIRMAN STRAIN: Actually, Tim Hall said that, so-- COMMISSIONER MURRAY: Mark, I agree. Maybe you could fix it by -- if you need to fix it by simply using your semicolon a~ opposed to modify the language so that it reflects on that scntence with the clause preceding it. MR. LEN BERGER: Thank you. CHAIRMAN STRAIN: Okay. Under off~site alternatives, i, off-site native vegetation retention requirements may be met by monetary payment or by land donation. That strikes a lot of familiarity to exactions. I'm wondering how it differs from another form of impact fee but more or less by monetary payment. How do we stop abuse in that regard in this? MR. LEN BERGER: We have the criteria which allow for off-site prior to that. And it's voluntary. CHAIRMAN STRAIN: It's voluntary? MR. LEN BERGER: This is all voluntary, if you want to do it off-site. You don't have to. CHAIRMAN STRAIN : You could still meet the criteria and do it on-site, okay. The land donation thing, down further it looks like the land would be donated to Conservation Coli ier. Is that what the intention is? MR. LENBERGER: What pagc? Page 57 lt~blr 2, ~~ CHAIRMAN STRAIN: 172, C.ii. MR. LENBERGER: If it's monetary, it's the Conservation Collier. If it's land, it can be the Conservation Collier, subject to these restrictions, or another entity, and it says here what type of entity that IS. CHAIRMAN STRAIN: Have we talked to Conservation Collier to find out their input on getting pieces ofland like this? MR. LENBERGER: Yes, we have. We worked this language through their committee. CHAIRMAN STRAIN: Okay, because I mean, small chunks of scattered about parcels are hard to maintain and costly. I was just wondering if they -- MR. LENBERGER: That's why thcy have this criteria here, where it talks about to adjacent properties within their acquisition areas. I'll have to find it exactly where it is, but -- oh, here it is, on Page 172, point one. And it talks iii, in lieu of monetary payments, applicants may choose to donate land to Conservation Collier or to another government agency. In the event of donation to Conservation Collier, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, north Golden Gate Estates, Unit 53, another multi-parcel project or any other land designated by Conservation Collier or contiguous to existing preserve lands. COMMISSIONER MURRAY: Mark? CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron. COMMISSIONER MURRAY: Mr. Klatzkow, I have a question relative to the donation of the property. Are we talking fee simplc or are we talking about only surface rights, or what? Shouldn't we stipulate how the donation can be made in conveyance? MR. KLA TZKOW: All donations should be fee simple whenevcr possible. COMMISSIONER MURRA Y: I would agree. But in the absence of that, I do know that there are parcels ofland in the county that their mineral rights are owned by others. MR. KLA TZKOW: Well, you can't give what you don't own. And if you purchase property and they're subject to somebody else's casement, you can only give what you have. COMMISSIONER MURRAY: So donation may not even be feasible under the underlying circumstance, if that were the case. MR. KLA TZKOW: No, you could donate the land, but it might be subject to these other rights. Now, whether or not Conservation Collier would want that land is a-- COMMISSIONER MURRAY: That's really where I'm going with that question, though. MR. KLA TZKOW: I think inherent in this the county could say no, we don't want that land. COMMISSIONER MURRAY: And that puts them back to the money issue, and that's fine. MR. KLATZKOW: Yeah, that puts them back to on-site preservation or money assured, yeah. COMMISSIONER MURRAY: Okay. I think it's an important piece of information, though. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Ifland is donated to some other government agency, what kind of control do we have? MR. LENBERGER: We would have to know they donated the land and they've accepted it. We also had a provision in here about the deed. It has to speciry a requirement that it's in perpetuity for conservation purposes. I'd have to find the exact language. COMMISSIONER CARON: Would you please? MS. MASON: It's on 172.1, that second paragraph or the first full paragraph from the bottom, about nine lines up. MR. LEN BERGER: It says -- let me find out where the sentence starts. Donations ofland for Page 58 161 1~ October 2, 2008 preservation shall be made to a federal, state, or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. The deed to the receiving entity shall speciry that the receiving entity will accept and manage the land in perpetuity for conservation purposes. COMMISSIONER CARON: Okay, but it's subject to that governmental agency, and they could change their rules and regulations and we would have no control. MR. LEN BERGER: It's their policies and procedures for accepting the land, but the deed will still have to specify that they'll accept and manage the land in perpetuity for conservation purposes. That came at the request of the County Attorney's Omce. CHAIRMAN STRAIN: Okay, any other questions on Page 172? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Mr. SchifIer? COMMISSIONER SCHIFFER: And your requirement is that you take -- find out your cost of your land and multiply that by the number of acres you're going to move off, add the 25 percent of that, which is the overhead costs, right? And how did that 25 percent come up? Is that -- MR. LENBERGER: There's a lot of interest by land managers on the cost for managing land. General consensus is that it's higher than anticipated. Conservation Collier presently uses 15 percent. They're looking to raise that. They realize that it's not enough. There's been a lot of concern that if these lands are transferred to the govemment entity and responsibility for the people and taxpayers, but they don't want to be burdened with maintenance costs. And that's why we've had a lot of discussions, and a minimum of25 percent came out. They want to have at least 25 percent to ensure that they have cnough money to manage these lands. They don't want the extra burden being shifted to the taxpayer. COMMISSIONER SCHIFFER: So essentially for someone to do this, they would take, with the 25, about 30 percent of their land cost, they would have to donate to this facility, that's the 25 percent of the land and stuff. MR. LEN BERGER: 25 percent. COMMISSIONER SCHIFFER: And then you wanted that prior to pulling the SDP, which is -- isn't that right, it's 100 percent must be made prior to the final site plan, construction plan approval. Is that the SDP or -- MR. LENBERGER: Yes, that would be the final development order, the SOP or construction plans for the plat, the subdivision. COMMISSIONER SCHIFFER: Okay. I mean, I guess -- is there any place you could movc that down a line, or that's -- MR. LENBERGER: We're open to suggestions, you know. But this is how we can definitely have control and make sure it happens. Other than that, we have -- once a plat or construction plan is approved, then we'd have to tie it to some sort of inspection wherc thcir -- that's a subdivision preliminary acceptance or something like that. We could tie it to that. COMMISSIONER SCHIFFER: I think in this economy, essentially you're taking 30 percent of a guy's or 31 percent of his cost to buy the land, which is high. And then you want it before he can even start moving dirt around. That's just going to make life that much -- MR. KLA TZKOW: Part of the cost of acquiring land is the fact that you know 25 percent is going away, so that reduces the cost of the land. COMMISSIONER SCHIFFER: Right. But in this case I'd havc to essentially come up with that money and, you know, for every dollar I come with to buy land I got to then again come up with another 31 Page 59 16 I 1~ October 2, 2008 cents to pay this off. Not good. CHAIRMAN STRAIN: Ms. Caron? MR. LENBERGER: We could change it to preliminary acceptance or C.O. or however you want to structure that. COMMISSIONER CARON: But that's only if you choose to go off~site. So, I mean, that's your choice. It's not we're telling you you have to do that, so it's a choice you've made and to do it at the site development plan, that's when we have the most control. That's where it should remain. COMMISSIONER SCHIFFER: I mean, in terms ofthe community, is there a benefit to not going off-site. Obviously in terms of that development. But some of these are industrial developments and stuff, and is there -- which benefits the community the most? COMMISSIONER CARON: It's up to the developer to decide that. COMMISSIONER SCHIFFER: I think giving money to Conservation Collier has a major benefit to the community, too. MR. LORENZ: You may recall, when we worked through the EAR amendments we were looking at some flexibility with regard to having to keep the preserves on-site. So that's some flexibility for the development community, for the applicant, for the property owner. There's also a recognition that smaller preserves -- and what we tried to do was try to set some of these constraints of smaller preserves where the surrounding land uses are, are such that the benefit that we get out of the preserve is very small. So on the one hand we want to -- we want to provide some flexibility, and we want to provide some flexibility and encourage -- quite frankly, encourage those preserves that probably have less of a probability of functioning correctly on small sites to utilize the off~site alternative. One thing I wanted to be able to have you all look at and even perhaps the public when they make comments is that to somc dcgree -- for some of these sites that we want to go off-site, we quite frankly want to have an encouragement to do that, and we want to have an incentive to do that where it makcs sense. So your question was, what would be the benefits. And I think the benefits are ecologically for small preserves it makes sense to go off-site along these lines, either through payment to, let's say, Conservation Collier, for them to buy larger more intact areas, or contribute land donations to other governmental agencies to add to their larger preserves I think is positive. So this was an attempt to try to provide for those positive incentives. Of course again, as we work through the stakeholders' groups, certain demands get in here, and I want to make sure that we've got an incentive to go off~site when it makes sense. And it's not going to be overly burdensome, because then it won't be an ineentive. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: So anyway, I do think it would be good to find a way to make that payment down the road. The other thing is that's really not necessary for the use of the site. It's not like transportation that needs to do work in the area. This is -- once you push it off-site, the money doesn't need to be, I don't think, at the SDP period. Thank you. CHAIRMAN STRAIN: I'm not necessarily disagreeing with you. Let's see if staff has any better ideas when they come back and could just present them for discussion. Page 172. I. Anybody have any questions on Page 172.I? (No response.) CHAIRMAN STRAIN: Up at the top it says, the appraisals arc valid for only six months. Is that tram the time of application or from the time of approval? Page 60 161 1~ October 2, 2008 MR. LENBERGER: I'll have to c1ariry that. CHAIRMAN STRAIN: Okay. Well, that's all it takes is a clarification. Any questions on Page 172.1? (No response.) CHAIRMAN STRAIN: And then on 172.2, there are two-and-a-halflines. Questions about the two-and-a-halflines? (No response.) CHAIRMAN STRAIN: Before we go on break, how many people are going to ask -- want to speak on this, please raise your hands. Okay. Well, let me tell you where we're going to be. We're going to take a break for 15 minutes, but when we come back it would be nice if we could finish this one up today. I'm not sure we can, although those of you speaking, we've already provided a lot of direction to staff, so maybe you can just supplement or reinforce whatever you think needs to be reinforced so we can get on with the day. By 3 :00, but most likely sooner if this one gets done sooner, we will move into the other issues that we have on our agenda that are non-environmental. So this looks like to be the last one environmentally we may end up talking about today, depending on how long the speakers take. So let's take a break right now. We'll be back here at 2:25. (Recess. ) CHAIRMAN STRAIN: Okay, everyone, will you plcasc have your seat so we can try to stay awake for another two-and-a-halfhours. We left off with the last discussion ending with our comments, and now we're looking for public comments. And the last person to speak will be Nicole, so who can speak before her? MS. RYAN: I was even going to offer to go first. CHAIRMAN STRAIN: This is ladies last in this case, I know, I know. She likes a closing statement. But if you want to come up, you're more than welcome to. MS. RYAN: I'm starting to get a reputation, so I want to change things out a little bit. For the record, Nicolc Ryan, here on behalf of The Conservancy of Southwest Florida. And I'm going to focus my comments on the section B, the oft~site mitigation portion. CHAIRMAN STRAIN: Do you know what page you're on? MS. RYAN: It is Page 170. Beginning on Page 170. And The Conservancy, when the GMP language went through, we were very concerned about how this policy of off-site mitigation for this native vegetation could be applied. But understanding that the GMP did allow for that, we've been working with staff to find those acreage thresholds that would provide the balance of allowing smaller sites to develop in a manner that would make it profitable, whilc also keeping native vegetation, when it was in an acreage amount that would provide benefit for habitat, for aesthetics, for water recharge. So we support what staff has put in here for the thresholds of the two acres for the commercial industrial sites and the one acre for the residential sites. I want to point out not just where we have concerns about language, but also where we support what staff has done. And that's an area that we do support what staff is recommending. On the issue of essential services on the top of Page 171, I agree, I'm not quite sure why government would put in place a standard and then exempt themsel ves, but that's just an aside. The affordable housing, the same sort of issues. I disagree a little bit with the Smart Growth idea of you just put everything as concrete in the urban area and then keep the green outside. I think that you can Page 61 16' 1~ October 2, 2008 work with density to go up or to have some of these green areas left. But we're not going to insist that a change be made there. But I think you can try to use Smart Growth to have everything on-site. On 171, under iv, about the meehanical clearing and the word necessitates, again, I agree with Commissioner Strain, that's a bit vague. I think one of the concerns that we have is this whole policy, when we talk about the manual versus the mechanical clearing, when you say that you need to use mechanical clearing, is that from a biological perspective? Would that be from the perspective that the property owner simply thinks it's too expensive to go in and manually clear? You can manually clear just about anything. And keep in mind that for those vegetation areas that are 75 percent exotics, they're not going to qualiry for a native vegetation under this section anyway. So I think that there needs to be some more specificity there. Also, with no acreage threshold, just keep in mind, this could apply to some very, very large preserve areas. Another question which needs clarification is if one portion of the preserve is deemed to need mechanical clearing, does that mean the entire preserve could be mitigated off-site? I.Iow is that going to be parceled out? We're really uncomfortable with this language. We would actually -- we've been recommending through a couple of the iterations at EAC that it be removed. But if it's going to remain, it really needs to be clarified quite a bit. On the vii below it on Page 171, again the definition of overrun. And how do you determine if restoration is or is not possible? You can restore just about anything. The state's going to buy U.S. Sugar lands and restore that. So restoration can be done in just about all cases. Again, that language is vague. Is the restoration tied to ecological or simply financial issues and concerns? On viii, how do you determine if restoration ha~ been a success? And if you do go in, plant bougainvilleas in your preserve because that's what the homeowners association likes, then will the result be okay, keep your bougainvilleas and you can mitigate otl~site? Again, we want to make sure that this language isn't abused. And I think there also needs to bc some clarification under five -- six, seven and eight on Page 171. Is this for -- six says proposed preserves, but seven and eight, is that for a proposed preserve, is that for a preserve that has been on-site for five years, 10 years? Again, I'm not quite sure in all the cases how this could be applied and a little bit quite concerned about that language. Under B.ii on 171, and then going towards 172, thcrc was the question about the foraging habitat. And that was included, I believe, and the example that comes quickly to mind is tor example, the wood stork. You can have a Melaleuca infested wetland, the wood stork might not go in and actually forage in that area; however, that area is still a wetland, it is still wet, and it does provide the nursery ground for the fish and crustaceans that the wood storks are going to eat. So it's part of the entire system and the foraging habitat. So that was I think what staff was trying to capture with that language. And we want to make sure when we have those flowway systems, we look not just to see if there's a panther telemetry point or a wood stork spotted on-site, but is there their refrigerator on-site. Because if you take away the refrigerator then you're going to really be impacting them. Under C, on the off~site alternatives, Thc Conservancy really struggled with Conservation Collier being the appropriate entity to receive mitigation funds and essentially act as a developer's mitigation bank of sorts. But because again the GMP says that there will be this fund, Conservation Collier is likely the most appropriate for that. We do want to support the language under C.ii on 172 that requires no less than the 25 percent for Page 62 16 I 1A0 October 2, 2008 the management and endowment fund. We talked with Conservation Collier, and Steve alluded to that. They really believe that the 15 percent that Conservation Collier currently uses isn't enough in many cases. So we want to make sure that enough funding is in there so that the taxpayers, the public won't in some cases be subsidizing a developer's off-site mitigation. So we really support that language and we hope that that remains. Just one thought on the bottom of Page 172 under C.ii. Wouldn't it make sense if the applicant gave the money to the county and the county had the appraisal done? I don't know as it really makes any difference either way. But if the real estate services are going to be reviewing the appraisals, they do the appraisals for Conservation Collier, have them contracted out. So shouldn't it go through that samc Conservation Collier type process? So just a question of which way that is going to go. CHAIRMAN STRAIN: I would probably think if you were a developer wanting an appraisal that you felt was unbiased, you'd probably want to have one of your parties do it, then have it reassessed or reevaluated by the county, and the county then would make sure it's accurate. So there may be a reason why the developer should be doing it in that case. MS. RYAN: And that's fine. I brought that up as a question. And it can remain. That's fine. And I guess also under -- yeah, I think that captures most of our comments and concerns. With the actual donation of land, again, the 25 percent is going to be important. Thcre is a question of if there are other entities that receive that land. Can it be any parcel? How is that going to really mesh with current conservation lands? Could it be a parcel out in Golden Gate Estates that's donated to another entity? Is it going to actually have some value? And who approves of that? So it might need to have some additional language there. But we're certainly willing to work with stafI to tighten up some of this language, and we hope that you keep some ofthe good parts in here, because I think staff has done a good job throughout this to really make sure that this is something that won't be abused. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: I just wanted to make a comment, because I'm not sure I made myself clear before with regard to the so-called Smart Growth prineiplcs. It doesn't call for a denuding, and it doesn't call for prison-like environment of the structures or surrounding areas. It calls for a different form of land planning use. MS. RYAN: Correct. COMMISSIONER MURRAY: And in that context it can be quickly stated that it more focuses on up than out to avoid sprawl. And I made it perhaps too simplistic. CHAIRMAN STRAIN: Nicole, if you do work with statl on any language, I think that something that needs to come out of today and probably going to be following forward any time this board discusses amendments to the LDC, we need to have plain and simple language that we can understand. Honestly, we probably have a better understanding familiarity with the code than the general public. But if we are as lost as I feel today on the ambiguity, the where this and how this language fits together, I can only imagine what the lay readers are doing trying to figure out how to do a project without getting either hosed by the experts they have to hire to analyze it, which they shouldn't have to be doing, or trusting staff, who a lot of times have not shown that they've been totally unbiased in the way they've intcrpreted the code. We should have -- the public should be able to read this and make simple decisions out of it. So if you have any insight into that, and I know you have read other codes of other counties, and you could provide any help on that, we would appreciate it. So thank you. Okay. Mr. Anderson? MR. ANDERSON: Good afternoon. Bruce Anderson, from the Roetzel and Andress law firm. Page 63 161 l*,s October 2, 2008 If you would, please, turn to Page 165, whieh is the beginning of the staff report. CHAIRMAN STRAIN: By the way, I won't ask you to simplify the language. I know you're an attorney. COMMISSIONER MURRAY: You're naughty. MR. ANDERSON: No comment. If you'll look at the second paragraph in the staff report, it says that the exceptions have been relocated. And those exceptions struck through are found on Page 170. And I've reviewed this several times, and I'll be darned if I can find where that language has been relocated. And if somebody after I sit down can point that out to me, I'd be real pleased and greatly relieved. CHAIRMAN STRAIN: Well, we certainly -- before this is over, we're going to ask, see if anybody else can fmd it too. Thank you. MR. ANDERSON: On Page 167 at the top, paragraph number one, the word possible has been struck. And I think that ought to be left in there so that this requirement does not become an absolute with no flexibility whatsoever. Instead, it would now read, the largest contiguous area, and that's it. And not the largest eontiguous area possible, which introduces amount -- keeps an amount of reasonableness in it. Next comment I have is on Page 168, paragraph 6.A.iii, where it talks about the lack of a clearing permit. And it makes reference to, if no clearing permit can be found, you demonstrate continuous bona fide agricultural use. My question is, why is that limited to agricultural clearing? Because there may have been other clearing which was quite legally permitted and the county has lost the records to document that, but it can clearly be established what the date was by looking at old aerial photographs. So I don't think that this ought to be limited tojust agricultural operations. If you can prove it, it ought to be applicable to any clearing which occurred legally in the past. CHAIRMAN STRAIN: That's a good point. Anybody have any concern? COMMISSIONER MURRAY: Yeah. we could add or other. CHAIRMAN STRAIN: Ycah, as long as we don't disagree with Mr. Anderson. Bruce can -- staff can then move forward with trying to make it a little clearer, as long as we don't disagrce. MR. ANDERSON: Bottom of Page 171. The -- just the general language in this would seem to prohibit the ability to do ofl~site mitigation for property even if a state or federal agency would have otherwise permitted you to do of1~site mitigation for it. The county's coming in and saying we won't recognize that, we're not going to allow you to mitigate off-site, even though the permitting agencies at the state and federal level would. CHAIRMAN STRAIN: Where specifically are you on Page 171? MR. ANDERSON: At the bottom. I'm sorry, restrictions. When one or more of the following situations occur. COMMISSIONER CARON: Right. Whieh number are you on? MR. ANDERSON: 8.1 -- or 8.i. COMMISSIONER CARON: B.i. Xeric scrub and hardwood hanunocks? MR. ANDERSON: Right. It's later in that paragraph where it says, shall not be allowed to have the native preservation retention requirement provided off-site. And it doesn't give any exception for if they've gone through the state or federal permitting process and they would permit off-site mitigation ofthat same land. COMMISSIONER CARON: Well, I mean, first of all we can always have standards that are stricter. So maybe that's not what we wanted. MR. ANDERSON: Well, there's no flexibility whatsoever the way this is-- Page 64 O~t~bJ 2, ~~S COMMISSIONER CARON: Yeah, I see that -- MR. ANDERSON: -- the way this is written. COMMISSIONER CARON: So people, just in reviewing it, you may want to -- CHAIRMAN STRAIN: I was just going to ask, has staff considered the state and fed regs in regards to this as exceptions -- or could you look at that before you bring it back to us? Let's put it that way. MS. MASON: I think we, you know, certainly could look at it. But there is a difference between mitigation that's required by impacts by wetland or the listed species agencies and the county-required preservation. And this is to deal with the eounty's required minimum preservation, but it's not meant to preclude them from doing off-site mitigation if that's required by a permit. But that would not substitute for our requirement, whether it's on or off-site. CHA1RMAN STRAIN: Okay. A little clarification wouldn't hurt. MR. LORENZ: Yeah, let's -- sometimes I don't like to use the word mitigation here. These are off-site. This is the ability to have an off~site preserve or on~site alternative. It's not mitigation. And what I believe when going through the stakeholders' group, or certainly at staff evaluation, it was determined that, that properties that were able to have xeric scrub and hardwood hanunocks one acre more in size are appropriate to remain on-site and therefore are not allowed to be retained ofl~site. lbat's simply -- that's a policy decision. But it doesn't have anything to do with mitigation requirements. COMMISSIONER CARON: Okay, I agree. MR. ANDERSON: Let me give an example. CHAIRMAN STRAIN: Use the mic. now, Bruce. MR. ANDERSON: What I'm talking about f()r an example, lands that are within one ofthe panther zones, primary or secondary. Probably secondary. A property owner comes in, the federal agency, state agencies are going to allow him to use that property so long as he mitigates for using that potential panther habitat, as long as he buys and mitigates land elsewhere to make up for that loss. This language would preclude that from happening. COMMISSIONER CARON: But again, I think Mr. Lorenz made the point, we're not talking about mitigation here. We're talking about required native vegetation. MR. ANDERSON: Okay. My point is something that the eounty would not allow you to provide ofl~site, the federal agencies would allow you to do so. CHAIRMAN STRAIN: So if you've got a large tract ofland like your example, and say there's 40 acres of preservation on it, and some of that preservation is xeric scrub and hardwood hanunocks and the rest is regular swamp land or whatever. When you go to mitigate that off-site, you're stuck with a problem, because you can mitigate all the wetlands, let's say, but you can't mitigate now the xeric scrub and hardwood under any condition? Is that where you're going? And I understand the difference between mitigation and preservation on-site, but if you've got the right to take it all off-site from the state and feds, are we in a position to say even if some of that total 40 acres, if one acre of it's xeric scrub and hardwood hammock, you can't takc that off-site? Is that what we're saying here? Because that may be an example of where you're trying to go. MR. LORENZ: Yes, we're saying that you cannot use the off-site alternative provision for xeric scrub and hardwood hammocks which are one or more acre in size, et eetera. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MlDNEY: I think what we're saying is that those are some of the two most very valuable and rare habitats that we have in the county. They're very, very hard to come by. And if you have that on your property, you ought to preserve that. And I agree with that. Page 65 16/ ll>h October 2, 2008 MS. MASON: And I think there are many times, even today, because this is just a voluntary off-site requirement, where the state or feds require somebody to mitigate for impacts, but we still have an upland preserve on-site. I mean, they might completely impact their wetland, but that doesn't mean they don't still have an on-site -- currently under today's rules they'd have a required preserve and off-site mitigation for an agency. So it's treating it the same way, whether it's on or off-site. CHAIRMAN STRAIN: Okay. I think we w1derstand. Bruce, we'll certainly discuss it further. MR. ANDERSON: Next item, Page 172, at the top, by the paragraph ii, it talks about requiring preserves to remain if the property is located adjacent to targeted lands for preservation. Well, that's pretty nebulous. I mean, anybody can target lands for future purchase. Twenty years from now govemment decides well, we -- one day when we have the money we'll buy that, but for now we're going to target it for future acquisition. That ties things up really in an unacceptable manner. CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: Is that meant just for Conservation Collier lands? I mean, it's a question. I don't know what the thinking was either, Bruce. CHAIRMAN STRAIN: When you answer the question, also, doesn't Conservation Collier rank lands? So maybe we ought to refer to their ranking level instead of targeting. That's not as ambiguous, and then all of a sudden we have something that's on public record. MR. LENBERGER: It wasn't just the Conservation Collier. It was all targeted lands, CREW or whatever the program might be. COMMISSIONER CARON: Oh, okay. So do we need to be more specific there about what we're talking about? As opposed to just a general -- CHAIRMAN STRAIN: Why don't you say kind of what you just said? Why don't we say listed by Conservation Collier, CREW lands. And if you don't think of them all, well, okay. We'll just live with that you think of, and if we think of more down the road we can add some language that allows something to be added. COMMISSIONER CARON: Such as. And then-- MR. LEN BERGER: Such as -- we'll rcview it. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: But doesn't that even more so tie it up, by virtue of having a list of possibilities that themselves will have rankings? CHAIRMAN STRAIN: I think that's what Bruce was looking for is more definitiveness rather than just the word target. COMMISSIONER MURRA Y: I think that -- well, I understand that. But by what we've just suggested as an appropriate action I think is a worsening of the condition that Bruce demonstrated. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I don't think so. Because if you know you have a tract of land, then if that's CREW lands, you're going to try to do your preserve in that area so that you get the biggest and the best. So I don't think that that should be a problem. I think being morc definitive helps there, to know that these targeted kind oflands are like Conservation Collier or CREW or whatever else you might have. MR. LORENZ: My suggestion would be to list the lands, because that shows everybody definitively that these lands are important for us to retain those preserves that would be adjacent to them. So it does define the -- COMMISSIONER CARON: It will show people why wc're doing that. I mean, that-- CHAIRMAN STRAIN: Mr. Murray? Page 66 16 I 1 A''? October 2, 2008 COMMISSIONER MURRAY: In another scenario, we spoke about persons, owners, giving parcels ofland in order to benefit from whatever. That was an earlier conversation. And we talked about it, gee, you know, does Conservation Collier look forward to that type ofthing because they're here, they're there, they're everywhere. Well, under this scenario, isn't it plausible, possible certainly, that you might get such a donation and it might be in an area where gee, that's a great area to target, we'll target next to that. Doesn't that tend -- I mean, if you're going to put it into a grouping, at least rank it on the first or second level so that you get a chance. Because otherwise, I'm sure the land's going to stay there for a long time. How long before the county recovers to be able to acquire all these parcels that we're talking about that we'd all like to have? I don't know -- MR. ANDERSON: Well, for example, North Belle Meade waqargeted for acquisition about 15 years ago. It never came to be. And now it's dropped off. But if this language were in effect then, merely because it was targeted or on someone's wish list, this limitation would become operative. It would be best of all if you could just map out what you want so people could go to the map and tell whether it's applicable to them. CHAIRMAN STRAIN: Well, I think the best thing we can do right now is, staff, you've heard the comments, try to come back with something that is better than this, if it's possible. If it's not, at least we'll deal with it when we come back. Bruce, we have to -- MR. ANDERSON: Okay. At the bottom of Page 17-- CHAIRMAN STRAIN : You're cutting out the rest of your friends there tor time, so -- because at 3:00 we're stopping. MR. ANDERSON: Well, they told me I could go first. They ran the risk. (Laughter. ) CHAIRMAN STRAIN: Boy, little did they know. MR. ANDERSON: Bottom of Page 172 it talks about when you'rc doing the off~site alternatives, that the value of the land that you are -- of your own land that you're going to have to take care of off-site, that the appraisal is based on the fair market value of the land as if the requested zoning is in place. That's exactly contrary to what the Land Development Code provides tor everything else. When the county is making an extraction of you during the zoning process, the value is based on the value of the land prior to zoning. And I think we ought to be consistent. Page 172.1, land donated to satisfy off-site preservation retention cannot be used as mitigation for any other federal, state or county permit or approval. We permit that to be done with TOR sending lands in the rural fringe, we do that to encourage larger preservation areas. So I don't know why we want to prohibit it here. And then my last comment is a question. In the last sentence of that long paragraph, it said for lands donated to Conservation Collier, no less than 25 percent ofthe value of the land donated shall be provided to Conservation Collier as an endowment for management ofthe land. And my question is simply, is that 25 percent what they're doing now, or is this a new percentage? Because I'm told by environmental consultants that under similar circumstances the South Florida Water Management District has a fixed price of $722 per acre. If you're taking 25 percent of the value of some of these lands, that's going to be quite, quite expensive. And those are my only comments, thank you. CHAJRMAN STRAIN: Thank you, sir. And as far as staff goes, that 25 percent, I had circled it, a lot. It is a concerning amount. If there is a way to peg a value, that sure would be a lot better than just 25 percent. And if you're looking at the value of Page 67 16 I 1~0 October 2, 2008 the land donated, it becomes appraisal issues, it becomes tax -- what value? How are you establishing the value? So that's a whole ball of wax we may not need to get into if you can come back with something more concise, if there's a way to do that. MR. LORENZ: There were two schools of thought when we were putting this together. And I think this reflects a little bit of perhaps input from The Conservancy and Conservation Collier. But another thought at least I was advancing initially was, remember for -- at least for Conservation Collier purposes, which is a county entity, is they will choose -- they get to choose whether they're going to accept the land or not. And I think it's to their -- it's their responsibility to accept the land, does it fit into the Conservation Collier purposes. If they want to make a deal that that land is going to cost "X" number of dollars per acre to manage, then my recommendation, quite frankly, is -- now puts the burden on them. But they will accept the land at a particular level of what the management costs would be that they would have assessed. And then that would be negotiated with the applieant. It wouldn't even be specified in the Land Development Code except the taet that Conservation Collier would have to accept it and everybody's going to play by what their rules are. So that's one approach. It doesn't specify it up front, but it simply says if Conservation Collier is going to accept the donation, they're going to accept the donation of land with the appropriate amount of money to manage it. CHAIRMAN STRAIN: Of course then the problem comes ifit doesn't go to Conservation Collier, what do the other agencies accept? Do they have standards? MR. LORENZ: If the agency accepts it, whatever -- it's kind of like the TDR program. Bruce isn't there, but we're accepting that agency is going to aceept it and manage it. And whatever deal they cut with the applicant, that's what they're accepting. CHAIRMAN STRAIN: Maybe we ought to defer to tl1eir deals and not have the 25 percent in there at all-- MR. LORENZ: That's I guess what I'm advancing is, that was one school of thought that we went through initially with how to approach that. But it -- CHAIRMAN STRAIN: I would just as soon let the agencies work out their -- they may find that they need more than 25 perccnt and we've hindered them by this. Or they may find they need less and then we've actually burdened the property owner unnecessarily. And I don't know iflegally we want be in that position -- MR. LORENZ: And we don't -- remember when I get back to the point that if our off-site alternatives thresholds have been set appropriately to give a better ecological benefit, then we don't want to have a disincentive. So we don't want to set this program up so that the unintended consequences are we have these disincentives to move these preserves off-site when quite frankly it would be better if they were off~site. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But with Conservation Collier's own lands, they get to choose them and rank them and analyze them up front. With this, they would just be getting them, because that's what the applicant chose, right? MR. I,ORENZ: I believe the Conservation Collier ordinance is set up such that they have to accept the donation. It's not automatically a given that they have to take the lands. CHA1RMAN STRAIN: Okay. Thank you, sir. Tim, this is going to be odd for you, but you have four minutes. MR. HANCOCK: Thank you, sir. Page 68 161 lk? October 2, 2008 CHAIRMAN STRAIN: Bruce took all your time up because you gave it to him. MR. HANCOCK: Doug, Bill took all your time, so sorry. Couple quick points rather than parse through. And again, Tim Hancock for the record. One of the reasons we're facing a lot of these discussions and we have so many issues with native preserves is we have expanded the definition of native vegetation to be so far afield from where this started. We are now taking something that is 75 percent Melaleuca and calling it native. There is a fundamental issue with that. And it's because we call it native for purposes of figuring out the acreage you have to set aside but we don't call it native for the purposes of determining where your preserves can go. Let's pick one definition that truly represents native vegetation, and then everything else can fall in place behind that. But we're not doing that. And I have a serious issue with calling something native that is a Melaleuca forest with a scattered pme canopy. CHAIRMAN STRAIN : You're experienced with the govemment process for sure. Under the definition that's in the GMP, if you have a way that that defmition can be modified in the LDC to a point where it still meets the intent of the GMP, then fine, you need to bring that forward. But the problem we're having is, between the County Attorney's comments earlier and staff's, we're somewhat tied now, because this got through under a GMP amendment. And honestly, I wish it didn't. But it did, we're stuck, and that's why we're taking so much more time now, so we don't get stuck again. MR. HANCOCK: And I'll attempt to work with a bridge there, if I can. Let me go ahead and hit one of the kcy points that I wanted to discuss with you, and that is we've talked a lot about how to ehange the ofl~site issue. Let me give you the example, a real-world example of why the way it's currently written and cven with the proposals we've discussed today it's not going to work. I have an industrial site. The preserve requirement that they have to recreate, because it was impacted and we can't prove that it was legally cleared, property's been in the family for 20 years, they have to recreate a .37 preserve in the middle of an industrial park. This is a perfect candidate for off-site mitigation. Here comes the problem. Option one is to take the current value of an industrial site at .37 acres, and these sell for 250 to 500,000 an acre, and tum around and write a check to Conservation Collier? Forget it. It's cheaper to plant it. I'll plant it with stuff, I'll lose the land. It's cheaper. So we're going to end up getting a .37-acre planted preserve in an industrial park instead of getting one or two acres at the Conservation Collier rate of land purchases because we're tying it to market value. It won't work. If you say I can go buy land and give it to Conservation Collier, does anyone know where I can get a .37-acre parcel out there in the Eastern Lands? Because I don't, they're all five acres. CHAIRMAN STRAIN: Are you familiar with the Corps' mitigation standards in jurisdictional areas? They have a ratio, depending on how valuable thc jurisdictional area is. MR. HANCOCK: Yes, sir, UMAM is one process. CHAIRMAN STRAIN: Right. And allow you to buy off-site. Is that something that might be more favorable in this kind of an issue? MR. HANCOCK: I understand entirely The Conservancy's position that we don't want people just to buyout of it and make it an eeonomic incentive just to write a check and be done with it. But if quality-wise wc are stepping up by using something like a UMAM process to make an evaluation on a quality basis, why isn't that a good idea? So I advocate that. And with that, I will wrap up my comments. CHAIRMAN STRAIN: Tim, I'm sorry, we do have to cut this short. Page 69 Jt~b}r 2, 2~Ot~ And for those of you who are interested in the environmental issues, at the end of this meeting today we will be making a motion to continue on those issues and any remaining ones. But we'll start right back up with those again. And that will be at 12:30 -- you might check to veriry this -- but right now it will be 12:30 on December 7th. MS. FABACHER: No, October. CHAIRMAN STRAIN: I'm sorry, October. I keep saying December 7th. MS. F ABACHER: And we won't be taking Pearl -- CHAIRMAN STRAIN: It's Pearl Harbor day. COMMISSIONER MURRAY: You must be thinking about getting bombed. MS. F ABACHER: And excuse me, Mr. Chair, we'll get our lunch before we come, right? CHAIRMAN STRAIN: Well, you can eat your lunch here but we're going to continue with -- at 12:30 we're having a meeting -- MS. l' ABACHER: No, no, the point is is that won't include -- CHAIRMAN STRAIN: I'm not going to have the meeting to break for lunch. No, we're going to eat lunch first. MS. FABACHER: That's what I'm asking. Thank you. CHAIRMAN STRAIN: So anyway, for those of you in the environmental, and you're leaving right now, if you do leave, Tuesday at 12:30 in this room we'll reconvene. So with that, we'll move into the issues involving non-environmental issues, which the first one would -- we'd go all the way back to Page 1. And Phil Gramatges has been very patient. He's been sitting here many, many times expecting us to get to his issue, and now is the day. MR. GRAMA TOES: Good aflernoon, Mr. Chairman -- CHAIRMAN STRAIN: Good afternoon, sir. MR. GRAMA TGES: -- Commissioners. I'm Phil Gramatges, Public Utilities Engineering Department. I'm trying to find in thc computer a picture of a properly landscaped ancillary system. Oh, I'm sorry, my apologies. Of a -- of what we would call an ancillary system. I'll look for that in a minute. But I know that you're busy and we don't have a lot of time, so I don't have a lengthy presentation. Wc have taken the LDC amendments that we'd reviewed last time. We have implemented the changes that you requested. And I trust that you have had a chance to take a look at them. As far as the first one on the -- to allow the property that is designated fee simple or dedicated by easement, the change was relatively minor. We did it. Do you have any questions that I can answer for you on this? CHAIRMAN STRAIN: Well, I mean, my thoughts last time was that we would have a payment in the form of an impact fee credit or a purchase. And I understand where you're going with this, and that's where you've been trying to go, and so I know why it came out that way. I still think the impact fee credit is the right way to go. MR. GRAMATGES: If! may, Mr. Chairman, the problem is that in some cases we request for donations in areas that are not strictly within our district. They're very near the district in most cases but not within it. So our ability to provide impact fee credits is not there, because they wouldn't have to pay impact fees. CHAIRMAN STRAIN: That's why I said for outright purchase. So we just got done talking about how a developer will have to go off and purchase land based on appraised values of the development zoning after they got their zoning versus prior to the zoning. And for things like conservation mitigation and Page 70 Jc~bir 2, lotS stufflike that, it seems to me if we're putting the burden on them to have to buy land, I don't see why the govemment's any ditrerent. I still think it's impact fees or outright purchase is still required here. And you and I will continue to disagree on that. I know we have in the past but -- and I understand what you've done, I mean, that's fair, so -- Mr. Murray, okay. COMMISSIONER MURRAY: I will join you on that. CHAIRMAN STRAIN: Any other comments from the panel? There's only two pages to this item. And we need to -- Pages 1 and 2. So I'm looking for input from the planning commission. Mr. Schiffer, Page 2? COMMISSIONER SCI-IIFFER: And Phil, it's looking at paragraph five, just to make sure that it reads good. And the words gross acreage and site and all that are kind of mixcd together. Would you have a problem changing -- it's kind of down -- let's see, one, two, three, four, fifth, the fifth sentence where it says, it may be reduced by two times the gross acreage of the -- and I just think instead of site, use the word donated portion, because -- MR. GRAM^ TGES: I'll be happy to make that change. COMMISSIONER SCHIFFER: -- site is the big gross site. We're using the word gross and site, we could get confused there. And obviously you can't deduct twice the gross site. MR. GRAMATGES: Sure. We will do that. COMMISSIONER SCHIFFER: That's it. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Okay, is there a motion from anybody on the planning commission? COMMISSIONER SCHIFFER: I will make a motion. I move to approve -- and I guess how do you want us to cull it out, the -- CHAIRMAN STRAIN: Wcll, it's LDC Section 4.07.02.G.4.a. You need a motion to either recommend approval or denial. COMMISSIONER SCHIFFER: To recommend it for approval as just amended. CHAIRMAN STRAIN: Is there a second to the motion to approve? COMMISSIONER MURRA Y: I'll second it. CHAIRMAN STRAIN: Okay, thc motion's becn made to approve the language as amended and seconded -- yes? MR. GRAMA TGES: Mr. Chairman, before you complete the vote, a recommendation irom our attorney. Can you help me with that, Jennifer? CHAIRMAN STRAIN: Hi, Jennifer. MS. BELPEDIO: Good afternoon. Jennifer Belpedio, Assistant County Attorney for record purposes. I just would like to suggest a modification to the motion that the language would read, donated or dedicated site. That's just for consistency with the remainder of that section. COMMISSIONER SCHIFFER: Okay, that's fine. CHAIRMAN STRAIN: Okay, but it says that in the section, docsn't it? It says, when a portion of the gross project acreage is donated or dedicated in lieu of payment for the purpose of providing raw water, et cetera. So now what is it you're trying to tell us? MS. BELPEDIO: I was just trying to make sure that it's consistent with the remainder, so I had suggested donated or dedicated. But I do see what you are referring to. And that may be fine as well. CHAIRMAN STRAIN: Only because you're starting in a different tact than we have in the past. We basically look at the language, we're either for or against the amendments to the language and we Page 71 16 lIAs October 2, 2008 reference the LDC section, and we don't get into outlining every specifie change to the language. We can if it's necessary, but if it is, you're setting a different precedent for the whole review. MS. BELPEDlO: I would like to stay consistcnt with your precedent. So I will withdraw my request. Thank you. CHAIRMAN STRAIN: Thank you. So the motion's been made to recommend approval of 4.07.02.G.4.a, as supplied to us in the changes on the documentations on Page 2, and this is August 22nd, 2008. COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: I asked for discussion. My only point is I am going to recommend denial of this. I do not feel it's consistent with the GMP because it's not providing an impact fee credit or an outright purchase to the landowner, and I don't see that additional burden allowed in the GMP. So with that in mind, that's my position. On all those in favor of the motion to approve, please signiry by raising your hand and saying aye. COMMISSIONER MIDNEY: (Indicating.) COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: One, two. Two in favor. Those opposed, same sign. Aye. COMMISSIONER HOMIAK: (Indicating.) COMMISSIONER CARON: (Indicating.) COMMISSIONER KOLFLA 1': (Indicating.) COMMISSIONER VIGLIOTTI: (Indicating.) COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: One, two, three, four, five, six opposed. Motion fails 6-2. Steve, do we need another motion to recommend denial or does the fact that the motion for recommending approval failed. MR. WILLIAMS: To be sate, I would go ahead with an additional motion. CHAIRMAN STRAIN: Is there a reeommendation? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti madc a motion to deny? COMMISSIONER VIGLIOTTI: Deny. COMMISSIONER MURRA Y: Second. CHAIRMAN STRAIN: Seconded by Mr. Murray. Is there any discussion? (No response.) CHAIRMAN STRAIN: The motion being made, and from my position is that it's inconsistent with the GMP. It's an additional tax without a basis. I don't know what the rest of you feel, but that's my position on it. COMMISSIONER VIGLIOTTI: I agree totally. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, I think if you're going to do it, yeah, you need to be able to do it with impact fees or an outright purchase. I still go back to number four. I think our biggest problem is that if you want to make these demands, then you ought to be able to support them. And our biggest problem is that nobody wants to step up to the plate and actually support them. Number four gives you all the authority you need, if you can support the need. Page 72 16 Ilks October 2, 2008 CHAIRMAN STRAIN: Okay. With that -- Mr. Schiffer? COMMISSIONER SCHIFFER: Mark, just to speak against the motion. There's nothing here that's requiring the person to do it. This is just giving somebody the option, essentially a reward, something that it won't mess up his development rights if in fact he does deliver this. So this isn't a gun to a head, this is just a way where somebody could be compensated for doing this. CHAIRMAN STRAIN: If you want to believe that, Brad, that's fine. COMMISSIONER SCHIFFER: I do believe that. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: All those in favor ofthe motion to deny, please indicate by raising their hand and saying aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. All those opposed? COMMISSIONER MlDNEY: (Indicating.) COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Two. Motion carrics 6-2. COMMISSIONER MURRAY: 6-2? CHAIRMAN STRAIN: There's eight of us. COMMISSIONER MURRAY: Okay. sorry about that. CHAIRMAN STRAIN: Next item up is Page 3. It's a discussion on the ancillary systems language being added that was here before us in the past. There's been some changes in our book. Comments from the planning commission? (No response.) MR. GRAMA TGES: If! may, Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. GRAMA TGES: Once again, Phil Gramatges. On the monitor here, I have given you a picture of a typical landscaped, properly landscaped ancillary equipment site. Now, we have made numerous changes to the language in this particular request as a consequence of the discussions we've had previously. And I trust that I have met all your requirements. CHAIRMAN STRAIN: We can start with the first 001 guess we'll go right back to the beginning then. We're on Page 4 is whcre we start with this one. Any questions on Page 4? (No response.) CHAIRMAN STRAIN: Page 5? (No response.) CHAIRMAN STRAIN: Page 6? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And Phil, it's the same issues, the architectural standards down at the bottom. Page 73 161 1~ October 2, 2008 One of the things you want to get away from is in 0.1 is the standardized design. You don't want -- well, what's the problem you're having with the standardized? All it's saying, it has to just meet the provisions of the architectural standards. Is that-- MR. GRAMA TGES: Well, sir, the issue is that, as you can see here, there's nothing that can be seen outside. And if we want to put columns and we want to put embellishments in this building, the cost of this building is going to be unreasonably high, where no onc is even going to be able to see it. COMMISSIONER SCHIFFER: Obviously I don't even see a building, if there is one there. Is there a building? But I do know sites where you can see a building. MR. GRAMATGES: True, but in most cases these buildings are extremely small. And to be able to put some of the architectural standards that are listed here would require a tremendous amount of work and cost that I don't -- in fact, they even look good in most cases because of the size ofthc building. And that's the intention of doing this. COMMISSIONER SCHIFFER: Okay. And then the other one you want to get away from is the screen wall on something like -- and this is a good example. See the wall behind it in the neighborhood? It's a nice block wall. In your case it's a chain link fence with some black mesh on it. MR. GRAMATGES: Yeah, that's correct. COMMISSIONER SCHIFFER: So the standard you're trying to exempt yourself from would require that to be a nice block wall, much like the community has in the back. MR. GRAMA TGES: Well. if! was to read 5.05.08.D, it refers specifically to storage buildings and to mereantile construction. Let me see, I have a copy of it here. So I don't think it even applies, that's the whole thing. COMMISSIONER SCHIFFER: You could be right there. But one part of that is the standardized design. MR. GRAMATGES: Sce, under this 5.05.08.D.1, standardized design buildings must meet the provisions of this code. Well, fine. Self storage buildings is two. And three refers to mercantile. It even talks about offices and so on. COMMISSIONER SCHIFFER: So then why are you trying to exempt yourself from a part of the code that doesn't apply to you? MR. GRAMA TGES: Well, we can certainly take that out. COMMISSIONER SCHIFFER: That doesn't make sense. The standardized design is the only one I think that does apply in that section. But -- in other words, you're really refcrring to self~storage buildings. MR. GRAMA TGES: That's right. That's what we're trying to make sure, that no one believes that this is self-storage building, I guess. COMMISSIONER SCHIFFER: Okay. MR. GRAM A HiES: But like I said, if you feel that this referenec is unneeessary, we can take it out. COMMISSIONER SCHIFFER: Yeah, I don't think you're a self~storagc building. And are you gelling somebody confusing you with one? I mean the -- MR. GRAMA TGES: We just want to be as specific as possible. And so you suggest that we remove where it says and 5.05.08.D.2? We would remove that. COMMISSIONER SCHIFFER: Okay. And the screening section, a litlle bit above that, 4.06.05.B.6, is that what you've been complying with? MR. GRAMATGES: Certainly, that's already in the -- we're not changing that. COMMISSIONER SCHIFFER: And that's what we're seeing here. MR. GRAMATGES: Yes. Page 74 16 I 1 ~ October 2, 2008 CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I just had a question. The mesh fencing to the right of the screen, is that a gate or is that just a-- MR. GRAMA TGES: Yes, ma'am, that's a gate. That's the access gate. And you will notice that it has black slats there. We can put them any color that the neighbors want. Most cases they want black for some reason. COMMISSIONER CARON: I thought it was a gate and that's why it wasn't planted. That would be the question, is why didn't you plant that side and then you wouldn't have to havc a fence, you know, or you wouldn't be looking at the fence. But it's actually a gate. MR. GRAMATGES: Yes, ma'am. CHAIRMAN STRAIN: Any other questions? Mr. Murray? COMMISSIONER MURRA Y: More out of curiosity than anything else. The subject well field, that's what it's called 00 what is it called? MR. GRAMATGES: Well, this in particular is a lift station. COMMISSIONER MURRAY: Okay. Wow. MR. GRAMATGES: They all look about the same. COMMISSIONER MURRAY: Yeall, okay. CHAIRMAN STRAIN: It's what's behind the fence that makcs a difference. COMMISSIONER MURRAY: Yes, you beteha. You have a truck there, you have green grass, you have a road, no driveway. Whose property is that truck parked on? MR. GRAMA TGES: That's a county property. That's a county truck. COMMISSIONER MURRAY: I'm sorry, did I misstate that? Whose property is that truck parked on? MR. GRAMA TGES: Parked on the right-of~way. That truck -- part of that -- I'm sorry, sir. COMMISSIONER MURRAY: That grass is the right-of~way? MR. GRAMA TGES: The front oflhe structure there, between that structure and the road, is right-of-way. The truck is partly parked on the right-of-way and the easement. COMMISSIONER MURRAY: Oh, so there's an easement on somebody else's property to get to that. MR. GRAMATGES: Yeah, there's an access easement to enable us to get to the station. COMMISSIONER MURRA Y: Okay. CHAIRMAN STRAIN: Any other questions on Page -- where I left off on Page 6? (No response.) CHAIRMAN STRAIN: Page 7 I think are the only other new changes. Any other questions on the rest of this document? (No response.) CHAIRMAN STRAIN: Phil, I have one, and that's 951. You got a series of stations of some kind going down along 951. They're rather large. How would they fit into the requirements of this portion? MR. GRAMATGES: The stations, the wells that you see along 951 arc on the right-of-way for the canal. The South Florida Water Management District tells us how we can landscape or not landscape those. There is relatively little landscaping there, because that's what they require. Because they need to be able to drive in front of that well. And we just follow the instructions in order to do that. Now, keep in mind that that work is not completed yet. There's still some more work to be done there. And in fact our transportation department is working with Better Roads to improve the look and Page 75 161 lA7 October 2,2008 improve the accessibility of that right-of-way. So in, I would say, probably six months to a year it will look very different. But it will not look exactly like this, for the reasons I just cxplained. Those other wells that are part of that well field that are further inland will look differently. CHAIRMAN STRAIN: Do they tie -- there was a large pipe buried prior to those sites going in along 951. I'm talking south ofl-75 as you go down towards U.S. 41. Do those tie into that large line that was installed there first? MR. GRAMATGES: No, they don't. In fact, there are two projects there. One is the wellfield and the other one is a potable water line that is bringing water from the south water plant, which is just north of 1-75, all the way down to 41. CHAIRMAN STRAIN: So does either of those facilities come into play in regards to this section of the code that we presented with today? I understand your issue about South Florida. Is that the one that dominates the location there? MR. GRAMATGES: Yes. Now, it's an interesting situation, because we own the land but they own the right-of-way, so they dictate what we can do or do not do there. CHAIRMAN STRAIN: Okay. Anybody have any other qucstions? Mr. Schiffer? COMMISSIONER SCHIFFER: Just on that, will those be landscaped? MR. GRAMA TGES: They are going to be landscaped, but not exactly like this. As I said, there are some modifications that we still need to do there, and specifically I believe that they intend to pave on top of that berm. And that's the transportation departmcnt is doing that. It's not even our public utilities project. But once again, I nced to make sure that you understand that they're not going to look exactly like this, not at all. CHAIRMAN STRAIN: Anybody have any other questions on this? (No response.) CHAIRMAN STRAIN: Are there any public speakers on this one? (No response.) CHAIRMAN STRAIN: Okay. I meant to ask that last time, but it was a short paragraph, so -- okay, with that, I will entertain a motion for LDC Sections 1.08.02,4.06.03,4.06.05,5.03.02,5.05.08 -- COMMISSIONER SCHIFFER: As amended. CHAIRMAN STRAIN: -- 5.05.12 and 10.02.03, all as amended, and a finding of either consistent or inconsistent with the GMP. COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: Well, you've got to pick one. You made amotion to approve-- COMMISSIONER SCHIFFER: That they're consistent with thc GMP -- CHAIRMAN STRAIN: -- consistent with the GMP. COMMISSIONER SCHIFFER: Yes, it is. CHAIRMAN STRAIN: Okay, is there a second? COMMISSIONER VIGLIOTTI: I will second. CHAIRMAN STRAIN: Mr. Vigliotti seconded. Is there any discussion? (No rcsponse.) CHAIRMAN STRAIN: All those in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMlAK: Aye. COMMISSIONER CARON: Aye. Page 76 o!t~eJ 2, 21tS COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: The motion canies 8-0. Thank you for your patience, Phil. You've been here many, many timcs, and probably won't have to come back for a little while, I hope. MR. GRAMA TGES: Thank you, Mr. Chairman. MS. FABACHER: Excuse me, Mr. Chair, Bill Lorenz has stayed behind to cover for Stan because Stan had to go to another meeting. Would it be possible to hear him out of sequence so we just don't tie him up for the rest of the afternoon, Mr. Lorenz? CHAIRMAN STRAIN: Anything to save the taxpayers money of the highest paid individual in the county, we certainly would want to do -- MS. FABACHER: Thank you, Commissioner. So we would move to Page 133. And this would be Section 10.02.04, requirements for plats. And this was the one that came back because you asked him to modiry it for the -- Stan for the preserve setbacks. You'll recall that there was a big case over preserves, a lawsuit and everything. And what you asked him to do was just take out all the 10 and 25-foot numbers. And I think if you see-- CHAIRMAN STRAIN: It's been done. Page 134 is the only changes from last time. And I guess we're being asked if they're consistent with our recommendations from last time. I don't see any problems. Does anybody else have any questions on Page 134? Kind of cleans up some ambiguous language from before. Any comments from anyone? (No response.) CHAIRMAN STRAIN: Any public speakers wishing to talk on this issue? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to recommend approval, denial, inconsistent, consistent with the GMP for Section 10.02.04 as amended and presented to us today? COMMISSIONER KOLFLA T: For approval. CHAIRMAN STRAIN: Mr. Kolflat made the motion. Is there a second? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti made thc sccond. The question was for approval and consistent with the GMP, is that -- COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: Both the first and second acknowlcdge that? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Okay. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER I-IOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. Page 77 161 1 ~S October 2, 2008 COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed~ (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Bill, that has got to be the easiest onc you ever handled. You can certainly thank Stan for that. And Mr. DeRuntz is here, so we'll move back to Page 23. And I guess the first thing we ought to do is make sure we're allan the right page. Trying to find the references. 8/9/08, is that the most recent one you've got, Mike? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. That's basically a little bit ofa clarification from last time. Any questions on Page 23? (No response.) CHAIRMAN STRAIN: 24 and 25? We'll go through all the pages. Anybody have any questions at all? (No response.) CHAIRMAN STRAIN: The changes that occurred on Page 24 00 on number four and five, Mike, four in particular, the last line that says 5.05.1 0.C.1.-6, looks like a negative six, period. Do you mean one through six? MR. DeRUNTZ: Yes, sir. CHA1RMAN STRAIN: Okay. Then you want the period after the one taken out, right? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. I know it's a small thing, but I wanted to make sure it got right before we finally got into it. And the purpose of the corrections was to make sure that we could do camping in that area and that this accomplishes that. MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Looks like they can camp and race at the same time. So is there a -- any speakers? Anybody from the public wishing to speak? (No response.) CHAIRMAN STRAIN: Okay. With that, we'll entertain a motion to recommend approval or denial consistent or inconsistent with the GMP for LDC Section 2.03.04. COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Motion made by Mr. Midney for-- COMMISSIONER MIDNEY: That it's favorable and that it is consistent. CHAIRMAN STRAIN: Okay, is there a second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray made the second. Discussjon~ (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. Page 78 16 lIAS October 2, 2008 COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAlRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you, Mike. MR. DeRUNTZ: Thank you, sir. CHAIRMAN STRAIN: Carolina is next, Page 49. You want to refresh our memory on what we did here? MS. VALERA: Sure. Carolina Valera, Principal Planner with Comprehensive Planning. Where we left off: this is, as you may recall, it's an amendment to include the affordable housing density bonus by right in the Immokalee area, urban area. And is part of the -- it was part of the EAR-based amendment. And it was incorporated into Immokalee area master plan over Growth Management Plan. CHAIRMAN STRAIN: If you don't mind, let me interrupt just for a minute.l think this did -- the last time it came to us, we were going to discuss it but Mr. Midney wasn't here. MS. VALERA: That is correct. Cl-IAIRMAN STRAIN: We all decided it wouldn't be fair to discuss this one because it has a huge impact on Immokalee, Paul, without you present. So we're basically going to start over and start Irom scratch to get your input today. COMMISSIONER MIDNEY: Good. CHAIRMAN STRAIN: Okay? Because this has a lot diflerent outcome than we all may have thought when we first initiated discussion \\~th you way back when. And I think Page 50 is where we want to focus. And ifI'm not mistaken, we centered around the number two, affordable workforee housing bonus by right and the broadness in which this paragraph was written. Basically they could go into any zoned section ofImmokalee and just add density. I'm not sure that all those sections are really applicable to that kind of by right intrusion. So it seemed to be of a concern to a lot of people in our last discussion, including staff. MS. VALERA: That is correct. And as you may recall, we were concerned with the fact that the LDC will have to be further amended because, as we were discussing last time, for example, in the agricultural district you will have to have exceptions and added language, because there are -- there will be inconsistencies between what residential development, you know, permits and what the agricuItural district permits and prohibits. And so at that time we discussed if this is maybe the right time to do this. As we mentioned to you before, there is a soon to be -- as we understand it, as staff understands it -- CHAIRMAN STRAIN: You said the word soon, be careful. MS. VALERA: As we understand it, there will be an amendment to an lmmokalee area master plan element. And I see Bob Mulhere is here. And 1 understand his finn has been taskcd with that amendment. And they will be making changes to our Immokalcc area master plan element, and also they will be bringing LDC amendments that I'm not sure yet, you know, what staff hasn't seen those changes but might actually change the district, the zoning district within the Immokalee area. So the last time we discussed if maybe we should halt, you know, wait for those amendments to Page 79 161 1 ~s October 2, 2008 come to you, before you, and at that time maybe then talk about the density bonus by right, or of course -- and also Mr. Strain, you asked that we wanted to hear Mr. Midney's opinion on if this should be done at this time. Let me just wam you that if you decide to wait, we will have to either, you know, go back to the Growth Management Plan and delete the density bonus by right in the lmmokalee area master plan element, or -- again, I mean, it's up to you -- or recommend to the board to approve it as it is proposed. CHAIRMAN STRAIN: While Paul -- could someone put the language in the GMP up that's in discussion here. MS. VALERA: Yes, I can do that. CHAIRMAN STRAIN: Paul, I'm sure you want to talk on this. COMMISSIONER MIDNEY: Yeah, as I remember this first coming up, we were originally proposing to have allordable housing density bonus by right in the whole county. And there was a lot of objection to that and from other parts of the county other than Immokalee. In Immokalee I think it was the consensus, while we really need more affordable housing, because there's a lot of people who are doubled and tripled up and who can't afford housing, and that's why we sort of adopted a different standard for lmmokalee than what we were thinking of doing for the rest of the county. That's my recollection of the history of it. Now the economic conditions have changed so much, so many people -- when I go and visit the neighborhoods where we have affordable housing, there are just so many empty units. And not just because we're not in season, it's just that there arc much fewer jobs and the people have left. And I'm assuming that when the economy gets better, they'll be an increased demand again for affordable housing in Immokalee. But right now the situation is just sort of in a shambles, and I'm ffankly, a little bit confused as how to proceed. CHAIRMAN STRAIN: Okay, well, I think before we go too far, Bob, you're on the CRA -- you're on the master plan or some part of the committee out there. Why don't you talk to us about where their mindsets are at. MR. MULHERE: For the record, Bob Mulhere with RW A, here this afternoon on behalf of the CRA advisory board as well as the Immokalee area master plan visioning committee. And I guess also on behalf of the eRA Executive Director as wcll, Penny Phillippi. Both committees did discuss this item, as well as the previous item. I didn't speak on the previous, because it was rather minor, and they supported it as well. But this item, they did discuss it and take a vote, and the vote was in support of moving forward with adopting this amendment as it was written. And I should say that the discussion centered on me suggesting to them pretty much what Carolina had indicated, that we probably would have a comprehensive set of -- sort of a use both words -- but a comprehcnsive set of Growth Management Plan amendments for the Immokalee area master plan within 12 months to 18 months at the longest, adopted. And as a result of that -- probably 18 months to be adopted, but 12 months to be transmitted -- and as a result, did they want to wait on this until that occurred, because, you know, did there need to be some adjustments and so on and so forth during that process. Their feeling was no, and their vote was in support of moving forward as it was written. Thank you. CHAIRMAN STRAIN: For the record, I did get an e-mail from Penny Phillippi. I don't know if I've said that right or not. And it says, Mark, the CRA advisory committee and the IMPVC voted today to support the LDC amendments referenced in the e-mail below. Thank you again for your consideration and time on this amendment. And the amendment that's being referenced is the one in discussion here today. So I understand that they voted for it. I just wanted to make sure that we had Mr. Midney's input. Page 80 161 1M October 2, 2008 But I also am concerned that there's no compatibility language here, so that -- I know there are some sections oflmmokalee that have single-family low density housing, such as there's estates sections and stuff like that. With this language, someone could go in next door to an empty lot or even a lot where they wanted to bulldoze a house down with no criteria in the code to protect compatibility ofthat single-family next door, and put 12 to 16 units per acre. And they'd have a right to do it that we now could never take away, because once you give someone a right, to take it away it's really tough. And, you know, 1mmokalee seems like they want that. I just think it's real difficult if not everybody's voice was heard who may own those estates homes in those other areas, because this could cause them a lot of concern. And for that reason it really bothers me. I understand the CRA committec met. 1 understand they have a master plan committee that's been going on for years. And I also understand, though, on committees that take that long to decide things, the public interest wanes. And if you're living in an estates single-family lot, the last thing you would suspect that something was coming down thc pike like this, nor expect it to. And I'm real concerned, Paul, that in some of these very, very low density areas, these people don't know this is going through. And I understand the CRA board does. I'm not sure though that everybody is aware of it. And we havc to look to you for guidance on this. And Brad, do you have any comment? COMMISSIONER SCHIFFER: Well, just to go over the density. Carolina, according to this, with the by right somebody could add four more units to the density that exists, right? MS. VALERA: That is correct, to the underlying zoning. eOMMISSIONER SCHIFFER: So in the Estates there's one unit allowed per site. So wouldn't essentially what would happen there, wouldn't it be -- would they get eight units or would they get five units? MS. VALERA: They will get five units. COMMISSIONER SCHIFFER: Okay. But what Mark is saying is true is that somebody with an Estates home could essentially build a quadruplex in the back yard. COMMISSIONER MIDNEY: An estates home in Immokalee? What part oflmmokalee are you talking about? eHAIRMAN STRAIN: I don't know, you guys, it was referenced in here -- MS. VALERA: I think he's just, you know, as an example. But yeah, I think you're right, there's no estates district in Immokalee. CHAIRMAN STRAIN: But why do we n okay, the language in here says estates so I assumed there was some. But ifthere isn't, say it's RSF-l. COMMISSIONER SCHIFFER: Right, same thing. A smaller lot a guy can go build at a density of five units per acre then, right? MS. VALERA: [ stand corrected. Actually we have a little bit of estates district in Immokalee, in the Immokalee urban area. COMMISSIONER SCHIFFER: But let's take the RSF-I.It's a single-family lot. I think historically it's 75 by 100, right? There's so many units per acre. So essentially you'll be able to start adding multi-family units to single-family units in ImmokaIee immediately. MS. VALERA: Potentially, yes. COMMISSIONER SCHIFFER: But the most you could ever get was eight by right. MS. VALERA: That is the key. I mean, the key word here is by right, or -- you don't have to go to Page 81 161 1~ October 2, 2008 any type of process. You have your underlying zoning, and whatever that zoning allows you to have, you add to that four units. COMMISSIONER SCHIFFER: So the RMF-6, for example, I could now add four, so I have 10 units per acre. MS. VALERA: Exactly. COMMISSIONER SCHIFFER: Now, the public hearing -- you're allowed to add up to eight units per acre. MS. VALERA: That is correct. COMMISSIONER SCHIFFER: And there's no -- do you see a potential way to go over our 16 units? MS. VALERA: Up to 16. That's what the Immokalee area master plan allows you to have, up to 16 units per acre in the Immokalee urban area. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: I'd be interested in what Paul's opinion is relative to this amendment, whether we should go forward with it or not. COMMISSIONER MIDNEY: My opinion is when you really look at the history ofImmokalee, ImmokaIee is a very unique place. It's always been -- when I was first introduced to Immokalee to come down here when I was thinking ofrelocating my family to Immokalee, and the lady who was actually a recruiter for nursing lor the clinic, she was with all the migrant clinics in Florida. And she said, you'll really like Immokalee, it's a real farm worker tOV.l1. And she wasn't saying that in a derogatory way. And I think that that is our character. That's been historically our character. That's what the vast majority of the people who live in Immokalee now and who have historically, that's the character of the town. And so I think at this point in time people are comfortable with that. They're not looking to change the nature of the town or the way the town looks. And that's why I think so many people are -- so few people or no people have said that they're uncomfortable with this because this is just kind of the way we look at where we live. CHAIRMAN STRAfN: One of the clarifications I'd like on this. If you've got four base units and you can add a density of four more units to get you to eight and you achieve that added four as a result of this rewrite, which is your density -- your affordable housing by right, number three says, density achieved by right shall not be combined with density achieved through the rezone public hearing process. Does that mean that if you got four and four, you're already got eight, you can't get any more? MS. VALERA: No, unless you go through the public hearing process. CHAIRMAN STRAIN: It says density achieved by right shall not be combined with density achieved through the rezone public hearing process. If it can't be then, how -- MS. VALERA: You cannot mix and match. That is what that number three is about. If you want to have more than eight units per acre, you have to go through the hearing process, through the public hearing process. I f you just want to add four units to whatever density you have, base density you have, then you can achieve that by right. But if -- and up to eight units, as Mr. Schiffer said. If you have only one, you can only have five units per acre by right. If you have three, then you will only have seven units per acre that you will be allowed under this provision by right. Anything more than that, if -- and as you were saying, Mr. Chairman, up to 16 you will have to go through the public hearing process. Page 82 16 I 1 tS October 2, 2008 COMMISSIONER SCHIFFER: Mark, on that? eHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISS[ONER SCHIFFER: Carolina, doesn't that also mean that ifl went through the public hearing process and got 12 units I can't then administratively add four to it? MS. VALERA: No. COMMISSIONER SCHIFFER: That's what I think that means, yeah. Thank you. MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: David Weeks of the Comprehensive Planning Department. Let me try to clarify a couple points. What number three on Page 50 providcs is that under no scenario can you combine public hearing process and the administrative process. [fyou go through the administrative process, the density by right as provided here, you cannot then come in for the public hearing process. Nor can you come in for the public hearing process first, then comc back for the administrative. You cannot combine the two, no matter which comes first. You make your choice and that's what you get. You cannot combine the two under any means. CHAIRMAN STRAIN: But you gct different densities, depending on which one you want to go through; is that right? MR. WEEKS: Under either scenario, through the affordable housing provision n short answer, it is different. I had to think that through. Under the density by right, you can achieve the four units per acre base density and four n maximum of four as the affordable housing bonus, for a total of eight units per acre, period. That's your maxImum. Whereas under the public hearing process you might qualifY for the base of four and then eight units per acre through the public hearing process for a total of 12. And also through the public hearing process, if you qualifY for any other bonuses those could be added as well. CHAIRMAN STRAIN: You can't mix and match. MR. WEEKS: But you cannot mix and match the administrative and the public hearing process for affordable workJorce -- CHAIRMAN STRAIN: So if you had a base offtmr and you wanted an administrative off our and you wanted a public hearing process for Jour more, you couldn't do that. MR. WEEKS: That is corrcct. CHAIRMAN STRAIN: Okay, that's what I'm getting at. MR. WEEKS: Let me -- wc discusscd this at stafflevel trying to look at all the difJerent angles. If you had first come in for the base off our and then the four for affordable workforce housing bonus by right and then you decided, you know, I'd really like to have eight units per acre for the affordable workforce housing, I would say you could. But when you came through the public hearing process, you would be starting all over. You would in effect be undoing your administrative approval. CHAIRMAN STRAIN: Okay. For those people in Immokalee that live in areas that aren't of a density greater than one or two units per acre, or they're in the rare estates, apparently there's not much there, or they're jiving on ago land that takes one to five or greater, whatever it is out there, how have they been told about what's happening here today? And I'm just curious what kind of notification. Because I don't see them attending that many public meetings and having come through with no public comment. [t's just -- because this is a radical change to a neighborhood. This would be a totally different concept. And I live in a very sparsely populated neighborhood and we have these problems that we argue Page 83 16 I Ij-s October 2, 2008 about all the time. But this is intense. This really ups the ante for a rcgular neighborhood. I'm just amazed that -- I just want to make sure everybody is understanding this. MR. WEEKS: Sure. CHAIRMAN STRAIN: I don't know what you've done to notify people. MR. WEEKS: The notice process was the same process for any other GMP amendments, and that is the full page legal ad in the Naples Daily News a total of six times for the Growth Managcment Plan amendments. For the Immokalee community specifically there's been no extra notice other than when this matter was considered by the -- when the Growth Management Plan amendment was vetted before the Immokalee Area Master Plan Visioning Committee, whatever notice they provide for their hearings. But no property, no letters directly to property owners, no ads in the Immokalee Bullctin or other special means of notice. And for that matter, going back to the GMP amcndment, as Mr. Midney correctly slated, it began as a countywide process, it did not start out as a density right provision just for Immokalee. And I can tell you, we received quite a bit of input from the Estates area in particular -- CHAIRMAN STRAIN: Oh, yeah, I'm sure you would. MR. WEEKS: -- objecting to the amendment. CHAIRMAN STRAIN: But knowing the mind set of people that live in a low density area and what they're trying to enjoy, which is a little bit of space, quietness and maybe nature on occasion, I just find it hard to believe everybody that is involved in this and may be imposed that way have been notified and arc understanding what's happening. And that's why I'm so cautious, is because if we put this into play, it's one you can't take away very easily. MR. WEEKS: Commissioners, I would respectfully remind you that when the GMP amendment was going forward, stafT did not support this amendment, and for some of the reasons that you've expressed, Mr. ehairman. We were very concerned about the lack of ability for compatibility considerations through the process of administering a density by right provision, the lack of any type of notice, and even if there were -- notice to employment of this process. And even iflhere were, it would not be mcaningful notice. It doesn't do any good to tell someone that there's a site dcvelopment plan that is only subject to administrative approval that the process is underway. Because their objection is merely to come in and tell staffl disagree with this. All we can do is say thank you very much. They comply with the requirements we're bound to approve them. CHAIRMAN STRAIN: I noticed in the process there's no additional criteria for compatibility, for, you know, trying to work out things like that. I low would anybody -- how would statT judge it ffom that perspective? Or would they even be able to? MR. WEEKS: We would not. It'd be strictly a matter of if you meel-- typical for any other LDC requirement, if you meet that requirement, we must approve it. You meet the setbacks, all the dimensional standards, et cetera. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'm sort of agreeing with you, but my opinion is I want to leave it up to Paul. Paullivcs there. We decided to wait for him for this, and I'd like to hear his input. CHAIRMAN STRAIN: I certainly -- and Paul, no matter what way I vote on this, my deference is always to try to understand your perspective from Immokalee, because you live there and we certainly -- I value that a lot. My concern is that [ don't know if all the people that could be negatively -- and there's going to be Page 84 16\ It\S October 2, 2008 some positive of course n but those that can be negatively imposed upon really understand what this means without additional criteria in the code for compatibility and issues like that. I certainly would love to hear some kind of suggestion that there's a way to go out to those sections of the community to see if there's any concern, and not just take a public meeting that may be so worn out by the attendees that not the public who needs to be represented is truly represented there. What do you think, Paul? I mean, do you have areas of the community and neighborhoods where if they had a HOA or a neighborhood meeting where this could be discussed and you could get additional input, is that possible? COMMISSIONER MIDNEY: Well, you know, this did come out, I guess it was about three years ago? When was this originally proposed? eHAIRMAN STRAIN: I don't know, it's been a while. eOMMISSIONER MIDNEY: But it got publicity then, you know, in Immokalee. You know, we were talking about it. And then it kind of died down for a couple of years, and now it's back now. So it's really had two times where it's been fairly well publicized. But in Immokalee we don't have a daily newspaper. There's not a lot of -- you know, a lot of civic participation the way there is in Naples. And our meetings of the Immokalee master plan committee have almost all been in the daytime, which is a real disadvantage. So, you know, there may be some people out there who would object if they got wind of it and haven't, but I think that ifthere was real opposition out there, somebody would have gotten wind of it by now. CHAIRMAN STRAIN: Okay. And I would have felt more -- I know it's in the GMP, so it more or less is destined to be. But it doesn't say in the GMP that we have to ignore compatibility requirements to implement it either. And without any of those coming forward, it's a little harder to swallow. Because I would think at least you'd want some fences, walls, butlers or something between changes in density that are rad i cal. I mean, a couple higher units here and there is one thing. But going from one to five or six units is a concern. Go ahead, Bob, and then Mr. Schiffcr -- go ahead, Brad, go ahead first. COMMISSIONER SCHIFFER: And Mark, one thing is you really are starting to picture some poor guy out in the country getting ambushed by this, but it's rcally only under the lmmokalee urban area, as defined in their map. CHAIRMAN STRAIN: That's a big area. COMMISSIONER SCHIFFER: It's a big area but it is essentially their urban area. And that may be what this is trying to create. CHAIRMAN STRAIN: Bob, did you want to-- MR. MULHERE: I just have a question. For the record, again Bob Mulhere, but not speaking on behalf of the Immokalee Area Master Plan Visioning Committee or CRA, speaking only for myself. I had a chance just to brietly talk with David just a few minutes ago. And I just want to make sure that I understood. The way that it's written and the way that the camp. plan was written, it says you can get up to four units bonus from the base of four. And I wanted to make sure that everybody understood that that is referring to the GMP base of four. So that if you have RSF- I zoning, you're not limited to five, according to that language. You go up to four plus a bonus of four. CHAIRMAN STRAIN: So now an RSF- I would have eight units per acre? MR. MULHERE: I would want to get that clarified, because I just want to make sure that I understand it, the way that -- Page 85 16 1 1 ~S October 2, 2008 CHAIRMAN STRAIN: I'd like to know how you eXplained it to the CRA board. MR. MULHERE: I didn't. I had no discussion on the content. I simply asked them if they supported the amendment as it was written. CHAIRMAN STRAIN: So it's your fault. MR. MULHERE: No, not my fault. They can read. CHAIRMAN STRAIN: Okay. David? MR. WEEKS: Bob is correct. The way it's written is it's based on the base density off our units per acre plus a bonus off our, which means a total of eight units per acre. So if you start out with agricultural zoning, which is one unit per five acres or .2 units per acre and you ask for the maximum of eight units per acre, then you're getting a 7.8 unit per acre bonus. Conversely, if you're zoned RMF -6, which allows six units per acre, then the net effect is you're asking for a two unit per acre bonus through this process. But it is four plus four is eight. CHAIRMAN STRAIN: So the least dense areas have the greatest potential impact where the higher density areas have the least potential impact under the by right clause. MR. WEEKS: That is correct. CHAIRMAN STRAIN: That's the exact opposite of what it should be. Okay. Well, you know what, we need to take a break. This would be a good time to take one for 10 minutes, and let's come back at 4:00. And then we'll just keep going, we'll finish at 5:00. Okay? Let's take a 10-minute break. (Recess.) CHAIRMAN STRAIN: Dave, could you push the button for us, please. MR. WEEKS: Sure. CHAIRMAN STRAIN: Thank you. Just some time to think about this, I have a suggestion, and maybe between Mr. Mulhere and Mr. Midney, we could figure out a way to help it out. Would it be possible for you two to reapproach the committee and ask them to approach maybe neighborhood infoffilational groups or BOA's or any groups they can find or even a few, a handful of residents in the very low density areas? I'm talking the RSF-1 's ifthere is an estates area, or even an ago area with a house on it or an RSF-2, and just confirm that they understand what this means and what's happening, just to be safe. I think the additional vetting of this is crucial. I think also when it comes back it should have information regarding compatibility criteria, should these higher densities be pushed in the lower density areas, because I don't think we have that occurrence in Collier County without some transitioning. MR. MULHERE: Yes. Well, for the record, Bob Mulhere. What I would do first, I'll pass that information on to Penny as the CRA Executive Director, because the next meeting -- so that she can distribute that request to the membcrs of both committees. Because their next meeting -- and Mr. Midney's right, they meet during the day, they meet the third Wednesday in the morning. And it's a shame, because we just had an evening workshop out there, a 5:30 workshop last week on our draft compo plan amendment and there were about 50 people in attendance, so -- a lot of them were landowners, but there were just some residents there as wcll. I don't know that we'll be able to schedule like another evening meeting, but I think, as Mr. Strain suggested, we could certainly, and we would bc willing to help in terms of contacting people and getting some feedback on it. So we'll bring back your -- if that ends up being the direction you go, I'll bc happy to bring that information back to them. Page 86 16 I 1 .f\S October 2, 2008 CHAIRMAN STRAIN: What do you think, Paul, of that as an idea, before we jump into this? COMMISSIONER MIDNEY: I'm a little bit wary of it, to be honest, because just the nature of people, the NIMBY attitude, not in my backyard, you know. If you stir it up, you're bound to find people who are going to be objecting to something like this. And I understand you don't want it to be pushed through. But at the same time, if you look at it in the long view, there's going to be a need lor affordable housing in this county. I mean, the trends are overwhelmingly pointed that way. And where can you build it? I think lmmokalee is a place that has a greater history of it and a greater tolerance for it, and so I'd like to see it happen in Immokalee. But I wouldn't object if you just passed it by people one more time just to see if there are people who are strongly opposed who never had a chance to hear about it yet. CHAIRMAN STRAIN: If you find those people because it was asked, all ofa sudden they're concerned and against it, as you stated, that's kind of what I would like to know, because that would mean they probably didn't understand it the first time. And that's my biggest fear. So I think that might help. Go ahead, Brad. COMMISSIONER SCHIFFER: And Mark, your concern is you really -- I mean, you really are against this, obviously, and you really don't believe that the people realize what it is they're doing? CHAIRMAN STRAIN: No, I'm not against it if Immokalee wants it. I'm not against it in the neighborhoods that want it. I'm not convinced that all the low density neighborhoods have gotten an understanding of what this means. That's my only concern. And if they have, and they're fine with it, then fine. It's their neighborhood. But I just want to make sure that we've gone to the nth degree to try -- because this is a n this is going to be a by right, and once you give these away you can't take them back without a Bert Harris claim and we don't want to get into that. COMMISSIONER SCHIFFER: But a thought might be is from here it goes to the board. We can deal with it, make a recommendation one way or the other, and then before it goes to the board, they should make them aware. And Bob, you're in communication that people really realize what this means. Because when it passes the board, it becomes the law. We're just an advisory board. MR. MULHERE: For the record, Bob Mulhere. I just put on the rccord that in this case I'm sort of just the messenger. It's not really part of my contract, but I'm very happy to do it. CHAIRMAN STRAIN: Okay. Well, then what's the -- what would the board like to do? And I guess Paul, we're going to want to know -- Mr. Kolflat, did you have a u eOMMISSIONER KOLFLA T: Well, I think it's a very important issue. And I think sampling the water a little, give you a little time to do that is appropriate. CHAIRMAN STRAIN: Paul, would you agree with that? COMMISSIONER MlDNEY: Yes. CHAIRMAN STRAIN: Okay. Does anybody feel that's inappropriate? If not, that's the direction we'll leave with staff. And basically test the waters. And I don't care how you get it done, but I think that it's something you need -- somebody needs to attempt to do. And maybe Bob will help and Paul and anybody else out there. Mr. Murray? COMMISSIONER MlJRRA Y: Just to be sure. Carolina, you said something about if this doesn't go forward the GMP amendment would have to die or something. How much time do we have, or is there a time Irame that's going to be in conflict as a result of this action? MS. VALERA: I believe we have had a time frame but it's more of a policy -- more than a Page 87 16 I Its October 2, 2008 requirement. But I'll let David explain. MR. WEEKS: In this case you may know that some GMP amendments specifically will provide a time period by which the LDC must be amended. This is not one ofthose. By policy we've always attempted to amend the LDC in the next available cycle, and here we are. So if action on this were to be deferred, that is certainly one of the handful of options that you have. I think Carolina started to explain some ofthose options, one of which will be to defer any n recommend to the board that no action be taken on this amendment at this time, and instead wait until the, I'll call it, companion LDC amendments come forward and deal with all of this at one time as a whole ratl1er than piecemeal. And that leads me in to, Commissioners, the point about compatibility. The other amendments related to this that need to occur are those that deal with the disparities of all these different zoning districts, yet saying they can all have eight units per acre. Development standards are different in all those zoning districts. We need to make them all the same perhaps through an overlay so that when someone uses this density by right process, they in effect abandon the underlying zoning district development standards and go to some new set. And that would include development standards for structures, that would include landscaping and buffering. That certainly would include fencing provisions, because as you may know, agricultural zoning districts allow barbed wire fences and keeping offarm animals, cows and pigs and so forth, and we certainly don't think that's appropriate to be part of an affordable housing project. And so forth. And I believe through that other set of amendments is where compatibility may bc addressed. I don't know that we will ever get to a point of giving staff the discretion, nor would [ think it necessarily appropriate that staff have the discretion to determine when a project is compatible and when it is not. But rather try to develop standards, perhaps a matrix similar to what we have right now in the landscaping and buffering provisions of the LDC, which has a row at the top and a column on the left. And depending on what the zoning districts are ofthe subject property and adjacent properties, that determines what landscaping must be provided -- landscape buffers. And we might come up with a similar type of table for these affordable workforce housing projects by right. Likewise, development standards conceivably could be done in this similar type of a table. So it's a means of trying to address compatibility. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I kind oflike that idea-- COMMISSIONER MURRAY: I'm still in the midst of -- I just wanted to say -- CHAIRMAN STRAIN: You are? Okay, I didn't know-- COMMISSIONER MURRAY: I didn't cut myself off. CHAIRMAN STRAIN: Sorry, Brad. COMMISSIONER MURRAY: I wanted to say thank you, and I wanted to express the fact that I think the conclusions reached here are -- did I say something wrong? CHAIRMAN STRAIN: No, I just -- COMMISSIONER MLJRRA Y: Okay. The conclusions reached here I think are even more emphatically valid now. Okay, thank you. COMMISSIONER SCHIFFER: See, I like what David's saying. Ifwe could do this as a motion, just move it into the -- to take it simultaneously when we review the master plan. And it really would make sense to look at the master plan with the knowledge that this density could be there. I think, Mark, you could see what areas would have a difficulty with compatibility and we could see what the master plan has in terms of development standards and architectural standards to see Page 88 16 I 1.t\0 October 2,2008 what this could create with this density. Is that something we could do from here n CHAIRMAN STRAIN: Your suggestion that instead of asking this to come back after they've done more vetting with the community but to recommend that it be tied to the master plan, I mean, I have no problem with that. That's more in line of what should be done. But that's not what the LDC amendment in front of us is for. COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: And that's fine, I don't know how those things work out, but basically we would be tabling this amendment then. COMMISSIONER SCHIFFER: But I think since this is really, you know, a companion with the master plan, it's going with the urban area of the master plan, I think we would have more of an understanding of predictable results from this density than we would now. Now we're just going to let it go free range and we have no idea really what's going to happen. At that time we probably would. MR. WEEKS: I want to make sure we're very clear on one point, and that is that what is about to be submitted to staff is an amendment to the Inunokalee area master plan. Following that, we'll be implementing LDC amendments. And that's what staffis suggesting you might consider, is delaying this to occur with those companion loDe amendmcnt. I just want to make it clear that we're not literally talking about the Immokalee master plan amendments, but the subsequent LDC amendments. Though certainly this is somcthing that we would all have in the, not in the back but in the forefront of our minds when viewing the Immokalee ma~ter plan, seeing as how it has these provisions in it now and what if any change we want to make to that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: No, I was just agreeing. I think it makes sense. Because once it's done, like you said, Bert Harris gets involved. COMMISSIONER SCHIFFER: Can I make that a motion'? CHAIRMAN STRAIN: Yeah, you can. Paul, is that-- COMMISSIONER MlDNEY: That's fine. CHAIRMAN STRAIN: Are you comfortable with it too? Go ahead. COMMISSIONER SCHIFFER: I move that we -- I'm not sure how to make this motion, but we forward LDC Section 2. -- or the amendment to LDC Section 2.06.00. I guess we forward it into the future to come with the cycle of the companion LDC amendments to the [mmokalee revised master plan. CHAIRMAN STRAIN: Aren't we in cssence tabling this amendment until it comes back with the master plan') MR. WEEKS: With the master plan based LDC amendments. CHAIRMAN STRAIN: With the master plan based LDC amendments. Is that your motion? COMMISSIONER SCHIFFER: Yeah, used the word table. COMMISSIONER MURRAY: To become a companion item. CHAIRMAN STRAIN: Motion is to table this item and to come back with the LDC amendments with the lmmokalee master plan. Is there a second? COMMISSIONER MURRAY: I will second it. CHAIRMAN STRAIN: Mr. Murray seconded it. Now is there discussion? Page 89 16 I 11\0 October 2, 2008 (No response.) CHAIRMAN STRAIN: Hearing no discussion, all those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOM[AK: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. All those opposed? COMMISSIONER CARON: Opposed. eHAIRMAN STRAIN: Motion carries -- oh, I'm sorry -- motion caries 7-1. COMMISSIONER SCHIFFER: And then I think, Mark, this gives time to do the Paul Revere runs on the density's coming, the density's coming. CHAIRMAN STRAIN: It works. Okay, thank you, David and Carolina. Next item is on Page 59. And eatherine, it's yours. MS. F ABACHER: All righty, thank you. It's a very simple one, and you asked us to make a-- COMMISSIONER KOLFLA T: What page? MS. F ABACHER: I'm sorry. I'm going to turn to Page 60, and we are -- CHAIRMAN STRAIN: Starts on Page 59, right. MS. F ABACHER: Right, on 59. And Cherie', it's Section 4.02.03, specific standards for location of accessory buildings and structures. The commission has seen this before. And you'll note on the top of Page 60 that we added dimensional standards for accessory building and structures in zoning districts other than the Estates. Then we went over to Page 61 and we did the same thing in the title for Table 4. And at that time Mr. Strain with his eagle eyes noticed that footnote two was nowhere to be found. So we went back, researched it and found that footnote two, if you'll see on Page 6], applies to the title of Table 4, so it applies to all of Table 4. CHAIRMAN STRAIN: Okay. MS. FABACHER: Yeah, since these are dimensional standards for waterfronts lots, it just simply says if the coastal construction line is involved that it will supercede-- COMMISSIONER MURRAY: Says non-waterfront lot on my page. (At which time, Commissioner Midney exits the boardroom.) COMMISSIONER MURRAY: For non-waterfront lots. CHAIRMAN STRAIN: Page 61? COMMISSIONER MURRAY: I'm looking at 60 -- oh, 6 I? MS. F ABACHER: No, I'm talking about Table 4, dimensional standards-- CHAIRMAN STRAIN: Table 4, you're looking at Table 3, Bob. COMMISSIONER MURRAY: I'm sorry, I apologize, you're right, on 61 it refers to n MS. F ABACHER: On waterfront lots and golf courses, so -- COMMISSIONER MURRAY: My error. MS. F ABACHER: And obviously -- excuse me, were you finished, sir? Commissioner, were you finished? CHAIRMAN STRAIN: Yeah. Page 90 16\ lk? October 2, 2008 MS. F ABACHER: Okay. What I was going to say is, and obviously this wouldn't apply if you're on a detention pond or required water management feature, because there's no coastal construction. This is only if you're on the Bay or the Gulf. CHAIRMAN STRAIN: Any questions, comments on the couple of small changes? COMMISSIONER SCHIFFER: The only thing I still find weird is that this is a chart for accessory buildings in every area except the Estates, yet the requirement for the Estates is a footnote to it. I mean, I think it works if everybody's -- no one's going to have trouble n I mean, the only other way is to add a new line item called all accessory buildings in the Estates and make SPS on cverything. CHAIRMAN STRAIN: Well, the reason this came about, as you probably n I don't know, I think you recall -- COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Yeah. Someone went to this table instead of the Estates table, and this just clarifies that this is not the right table to be at. and probably makes it pretty clear because -- COMMISSIONER SCHIFFER: Yeah, I can live with that. [tjust seems weird that you have a table that says this is a table for everything except this, and then the requirements for this is in it. MS. F ABACHER: True, this is a Band-aid. But we hope in future working with Mark White to come up with a better way to do this. In fact, Susan suggested maybe in each zoning district all the dimensions, the accessory structures. It's kind of going backwards from the recodification. But this is just a Band-aid, Commissioner. We plan to do some more work on it in the future. It's a very good suggestion. CHAIRMAN STRAIN: Okay, are there any other comments? Ms. Caron? COMMISSIONER CARON: Yeah, I have a question. Because number -- footnote or asterisk number one, the single asterisk. MS. F ABACHER: Yes. COMMISSIONER CARON: Where does that appear? MS. FABACHER: Oh, Lord. COMMISSIONER MURRAY: Number three. COMMISS[ONER CARON: Did everybody get a corrected page? Because I didn't. I still have the same page. COMMISSIONER MURRAY: 8/21/08'1 CHAIRMAN STRAIN: I'm sorry, I think what Ms. Caron's referring to is on Table 4 where does it appear? Mr. Murray responded I think from Table 3. COMMISSIONER MURRAY: Yes, I did. COMMISS[ONER SCHIFFER: Table 4 has a redundant, number one is the same thing. In other words, on Table 4, number three, instead of having the single asterisk has the numeral one, which is a duplicate to the single asterisk. CHAIRMAN STRAIN: See that one, that's supposed to be an asterisk. And if you go to the footnote, the asterisk and number one are the same. So somehow it got goofed up. COMMISSIONER SCHIFFER: But if we're going to revise it and ungoofit, we'll catch it. CHAIRMAN STRAIN: Catherine, if you take Table 4, number three, the far right hand where it says III, then another one, you should put a single asterisk there. And then you don't need on Page 62 the footnote number one, unless you find it somewhere else you need. Which means footnote number two will become number one and you have to change it up on the top of Table 4-- MS. FABACHER: You're correct. The text has duplication n Page 91 16 I l-kS October 2, 2008 COMMISSIONER CARON: One way, it has to get changed. MS. FABACI-IER: I got it. We'll take care of it. CHAIRMAN STRAIN: I don't think that needs to come back for that reason, but you ought to change it. Whatever is the simplest to a change, you ought to change. MS. F ABACHER: You guys want the one or the asterisk? CHAIRMAN STRAIN: I don't care. COMMISSIONER SCHIFFER: Do the asterisk. COMMISSIONER CARON: Just so long as it's consistent-- COMMISSIONER VIGLIOTTI: I'd rather the asterisk -- MS. FABACHER: Asterisk? eOMMISSIONER VIGLIOTT[: Yeah. MS. FABAeHER: Okay. Thank you, will do. CHAIRMAN STRAIN: Any other comments, changes to that section? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion for approval or denial with or without consistency for 4.02.03'1 Mr. Schiffer? COMMISSIONER SCHIFFER: I'll make that motion. And it has no impact on the GMP as noted. For approval. CHAIRMAN STRAIN: Approval, consistent with the GMP. Is there a second? COMM[SS[ONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. eOMMISSlONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Make a note Mr. Midney steppcd out for a minute. MR. KLATZKOW: I think he stepped out. COMMISSIONER VIGLlOTT[: He's gone for the day. CHAIRMAN STRAIN: Oh, is he gone for the day? COMMISSIONER SCHIFFER: He said he had a radio program to be on. CHAIRMAN STRAIN: Boy, he disappears quietly, doesn't he? Okay, Page 91 is our next one. Mr. Mulhere's been waiting three weeks for this. MR. MULHERE: Okay, for the rccord, Bob Mulhere with -- on behalf of Transportation Services. Do you want me to go over the changes that I think the planning commission directed? And then I have two other additional changes that Bruce Anderson suggested to me this morning, so I wanted to add Page 92 16 I 1 ~S October 2, 2008 those. But I think -- CHAIRMAN STRAIN: I think it would be helpful. It's been a long time since we touched this. So yeah, if you could refresh our memory, Bob, it would be helpful. MR. MULHERE: Okay. And just very briefly, the whole concept here is to create a process that's well understood, that will allow owners of property who are impacted by a take to go through a course of action to -- so that they understand how their property is affected and how it will be treated moving forward. But also so that the county can, through that process, have a well defined and minimized concept of -- reduce the damages that could otherwise be claimed if this was left uncertain. So I think the first change, which is very, very minor, I think it was just a typo on Page 94, at the bottom of the page. Do you have a numbered? Are your lines numbered? CHAIRMAN STRAIN: The lines aren't, but the pages are. MR. MULHERE: I'm going to keep asking that question until you have it. So the last paragraph, the word analysis was either missing or incorrectly spelled, I'm not sure which. But it's corrected. Then gelling to Page 95, the first change was under applicability, paragraph A, paragraphs one and two were actually flip-flopped at your suggestion. They've been reversed. On Page 96, the paragraph at the top of the page, we struck through the sentence, the Board of County Commissioners may not modify this minimum required lot area requirement, at your direction. Going down to C.2, we clarified the County Manager or dcsignee as opposed to Transportation Services Administrator to be consistent with that phraseology. At the bottom of the page, the sentence that starts, the replacement value shall be calculated by a Florida licensed property appraiser. We had in there civil engineer and general contractor. And I think Mr. Strain suggested just leave it as the appraiser, which is probably the best way to handle it because they actually -- a contractor or civil engineer would be working on behalf of the appraiser to come up with this. On paragraph three, about midway, or just one, two, three, four, five, six, seven, eight lines down, there's a sentence seven or eight lines that starts, all such nonconformities are allowed to remain legally nonconforming and in their existing locations and/or configurations provided, as applicable, they continue to function adequately to meet their intended purpose. And I think we have a -- I don't know if your version and my version are exactly the same, but what I have has provided, as applicable, as long as they continue to fimction. And I think there's something funny about the way that's written. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: Yeah, I think that entire sentence starting all the way back to the beginning, which is all such nonconformities and ends as, as applicable. MR. MULHERE: Yes. COMMISSIONER CARON: It is an extremcly run-on sentence that somehow needs to be rephrased and broken up so that it's actually readable. CHAIRMAN STRAIN: It's two sentences. COMMISSIONER CARON: No. MR. MULHERE: Well, you know what -- CHAIRMAN STRAIN: Fourth, fifth line up after the word condition, there's a period. COMMISSIONER CARON: Just read the sentence, though. CHAIRMAN STRAIN: I thought it was all one sentence-- COMMISSIONER CARON: No, no, no. It just says, all such nonconformities are allowed to Page 93 16 I 1 A7 October 2, 2008 remain legally nonconforming and in their existing locations and/or configurations, provided, as applicable, they continue to function adcquately to meet their intended purpose and until the remainder of the parcel is either recreated or improved as set forth in paragraph two above, except where it is determined by the county manager or his designee. MR. MULHERE: Yeah, I think it is too long. I think it's too long. So I agree with you, so-- CHAIRMAN STRAIN: Well, after the environmental, this is a breeze. MR. MULHERE: So let me just suggest this, if I could. I think I can get some of it clarified. At the start, I think we can strike through provided as applicable. So that it would read, all such nonconformities are allowed to remain legally nonconforming and in their existing locations and/or configuration as long as they continue to function adequately to meet their intended purpose. That becomes pretty clear. And if we put a period there, I will n I don't know ifl can do it right here on the fly, but I will reconstruct that second sentence so that it reads for the exact same intent but is grammatically correct. That was a long one. And then D, we didn't have a D, or we had it incorrectly labeled, so it's correctly labeled now. On the next page, Page 98, paragraph C, about the middle of the page, prepared by a cert n COMMISSIONER CARON: Before you go on-- MR. MULHERE: I'm sorry, did I miss one? COMMISSIONER CARON: Sorry. On 97, the D.I, or [ guess it's actually its own one, a post-take plan may be submitted for staff review and approval. MR. MULHERE: That should be D.l. So we'll move that one in so that it's under the -- yeah, okay. MS. FABACHER: Move the Dover. COMMISSIONER SCHIFFER: Move the Dover. MR. MULHERE: Got you. Thank you. COMMISSIONER CARON: But this post-take plan, the approval is only going to come to staff? MR. MULHERF: No. There is an administrative level beyond that administrative level, which is defined for certain deviations, then it would be required to go -- you can see that -- let's see if I can get you to that. The first part says you can submit a post-take plan. And it tells you what you have to provide for the post-take plan. So moving along on 98, it's still what do you have to provide through a narrative, a signed and sealed boundary survey, an aerial and so on and so forth. Then it says the propcrty owner or the county attorney may request the following deviations, and it tells you, for example, on the first, one, landscape buffers n well, it says landscape bum:rs may be reduced from the code required width or depth but shall not result in a buffer of less than five feet in width or depth. Now, just using that one as an example, you could actually, if you wanted to -- I don't know that you'd get it approved, but you could actually take that condition, if you were less than five feet, to the planning commission for approval. Any variation that's not administratively approved would have to go up to a higher level, to a public hearing. COMMISSIONER CARON: But I think if you read the rest of what you've written, the only time it actually gets to the CCPC or beyond, or maybe even ends with the CCPC, is if somebody writes a letter and complains about it. MR. MULHERE: Well, it says -- yeah, okay, yeah. COMMISSIONER CARON: Otherwise, everything else is administrative. And I'm-- MR. MULHERE: Well, it says -- if you go to paragraph three on the top of Page 99, deviations other than those set forth in paragraphs A through e or exceeding the minimum or maximums may also be Page 94 16 I 1 ~7 October 2, 2008 approved subject to the following procedures. And then you have notice -- CHAIRMAN STRAIN: Where are you at? MR. MULHERE: I'm on Page 99, paragraph three. COMMISSIONER CARON: He's actually on the bottom of Page 98. CHAIRMAN STRAIN: On the bottom? lIe said the top -- MR. MULHERE: Oh, your number's different, I'm sorry. CHAIRMAN STRAIN: Yeah, that's what happening. MR. MULHERE: Paragraph three it starts out deviations othcr than those. CHAIRMAN STRAIN: That's on page -- the bottom of Page 98. MR. MULHERE: Okay. So if you read that, it says anything different than we just discussed, which are administratively approvable, anything excecding those minimums or maximums, which we defined previously, have to go through this process. And there isn't -- and you have to notifY property owners. So it's not just that they have to comply, we actually have to notifY them. All property owners are notified the same way you would notifY of a rezone. Then you have to list the deviations. You have to provide a narrative justification. You have to provide a copy of the post-take plan. And then ifno wriUen objection is received within 30 days, it's approved. If you do get a written objection, then it's scheduled for hearing before the planning commission. But I mean, we are going an extraordinary step of notification in that. CHAIRMAN STRAIN: Okay. MR. MULHERE: The only other changes that you had were on Page -- well, my Page 100. It might be your Page 99. COMMISSIONER CARON: I'm still back on Page 98 because I want to know on number two, it says the property owner or the county attorney may request the following deviations from the LDC. Who do they request it from? MR. MULHERE: They submit an application to staff with all the other stuffthat is required to be submitted. COMMISSIONER CARON: So again, it's just more administrative. MR. MULHERE: Thc rcason that we put both is because a landowner may choose not to do this, just to put the county in a state of risk by saying hey, the county hasn't tried to remedy my situation. So the county may want to take that course of action so if it goes to a jury trial they call say we did do this and here was the remedy. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: If the county attorney initiates an action, can the county attorney also be the judge of that action? MR. MULHERE: The county attorney -- this has been revicwed and suggested by the county attorney. COMMISSIONER MURRAY: I'm only asking because I'm ignorant of the facts. I want to know. MR. MULHERE: They can apply for it, and maybe they would need to hire an outside counsel if it got to some sort of a challenge period. I don't know the answer n COMMISS[ONER MURRAY: I'm only -- because it just seems a little strange to me the county attorney may request the following deviations from the LDC. I've never come across this yet. MR. MULHERE: No, it's pretty unique. COMMISSIONER MURRAY: Perhaps others have. Page 95 161 1~ October 2, 2008 MR. MULHERE: No, it's pretty unique. COMMISSIONER MURRAY: But I thought that put the county attorney in a strange situation. MR. MULHERE: Well, you could -- I mean, it's specific. Maybe the way to do that is to not specify the county attorney but just simply say the property owner or the county. COMMISSIONER MURRAY: Yeah, that might be better. Because I think you put the county attorney in a strange situation. MR. MULHERE: I guess I'll defer to you on that one. COMMISSIONER MURRAY: I guess the county attorney would be the-- MR. KLATZKOW: County's fine. MR. MULHERE: Okay. COMMISSIONER MURRAY: County attorney is fine? CHAIRMAN STRAIN: No, just county. MR. KLATZKOW: No,just county is fine. CHAIRMAN STRAIN: Good recommendation, just leave the word county. Okay, Bob. MR. MULHERE: I'm sorry, you had just a couple other minor -- well, not minor, the one other change is substantive, and this was the addition of paragraph lower case iii, which was, I think, the commission's request that we add a specific criteria that dealt with other issues of consistency within the GMP and LDC. CHAIRMAN STRAIN: And then the last one on Page] 00, we have exhausted all appeals. MR. MULI-lERE: As opposed to -- yeah, not reach final disposition. So it's a little more specific. And then I wanted to just bring two other changes to your attention that Mr. Anderson mentioned to me, which I think are good changes. And I think they were just oversights on my part. Looking on the very first page, the definition of a take or taking. CHAIRMAN STRAIN: ean you give us a page number, Bob? MS. FABACHER: 91. MR. MULHERE: Page 91. That definition says a parcel ofland or a lot or portion thereof or parcels or lots in combination or a portion thereof that the county or some other governmental agency with eminent domain powers has acquired, and goes on. Flipping to Page 95, I hope, under applicability, paragraph I,A.I says for purposes of this section, acquisition means any method of acquiring -- I'm sorry paragraph A.2. If you go to paragraph A.2 where it says it applies to acquisition for present or planned public use by the following party or parties. If you look at iv, the last one, it says a private party or parties under agreement with Collier County or other governmental entity. So going back to the definition on the page -- first page. MS. FABACHER: 91. MR. MULHERE: Yeah, 9 I. It was suggested that we add after the word powers, parens, end parens, comma, and put in the same phrase, which would be, or a private party or parties under agreement with Collier County or other govemmcntal entity. That makes those two consistent. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: It's probably a very simple answer to this, but when we use the term here private party or parties, how private are they? I mean, my background for my question is using government to benefit private parties through condemnation. MR. MULHERE: Well, it could be that n let me see ifl can give you an example. You have a landowner who agrees to construct a roadway on property that he owns, but doesn't maybe own all of the parcels. And the county, through some agreement, you know, endorses that improvement on the part of the Page 96 16 1 1~ October 2, 2008 private property owner but agrees to assist in acquisition of the parcels that aren't within the corridor at present. And maybe, I'm assuming that that might be a condition that they're -- this kind of was kind of legal language between Mark White -- started with Mark White and county attorney's office staff to make sure that we had that definition covering all circumstances that it might need to cover. And that's where that language came from. COMMISSIONER MURRAY: You guys vetted it completely, is what you're saying? MR. MULHERE: Yes. COMMISSIONER MURRAY: Because I'm going to rely upon that. MR. MULlIERE: Yeah. But I understand your concern. It's not intended to be there to benefit some private party, only where it's in the interest of the public with the county entering into an agreement. COMMISSIONER MURRA Y: Okay. CHAIRMAN STRAIN: What's the second change? MR. MULHERE: Second change was on Page 91, the definition of a post-take plan. The definition of -- one, two, three -- three lines down -- or four lines down says, or to resolve site impacts to an improved property caused by a take. That final phrase there. We have some situations where there's actually unimproved property where, however, there has been a final development order submitted, such as a site plan, reviewed and approved or ready to be approved but not yet coustructed, a take occurs, has a significant impact. We'd want that to be able to go through this process as well. So the suggestion -- and there was one example where a -- something like a drugstore, they were taking a significant piece of right-of-way and that changed the design significantly. They could accommodate it by a slightly smaller landscape buller, I think five foot less landscape buffer, and that would have resolved all the issues and all of the damages. But the way this is written, we couldn't have dealt with that issue. So the suggestion was to revise that to say, or resolve site impacts caused by a take to an improved property or unimproved property where an application for a development order has been made. COMMISSIONER CARON: Just the application for it? MR. MULHERE: Yeah, that was the-- COMMISSIONER CARON: Not the approval of it. MR. MULl IERE: I mean, that's probably up to you. The suggestion is where application has been made. They're going to say that they relied on -- you know, they expended money and relied on the county standards to go through the expense of creating that and submitted their application. I mean, you could always h [ think applied is probably in the best interest of the taxpayers, because it's going to allow you to look at a case-by-case situation. (At which time, Commissioner Vigliotti exits the boardroom.) CHAIRMAN STRAIN: Okay, so we're looking at, besides the changes in yellow, you've got three items that would have to be changed in this document. On Page 97, you're going to rewrite that sentence there that doesn't change any of the structure of it. MR. MULHERE: Correct. CHAIRMAN STRA[N: Restructure it but doesn't change any of the concept-- MR. MULHERE: Create two sentences from one. CHAIRMAN STRA[N: Right. Under the take or taking, you're going to add some of the acquisition language from Item A.2.4. And under the post-take plan, you're going to add the language you just discussed, which is to Page 97 tRoJer 2,\oti resolve site impacts caused by a take to an improved or unimproved property with an application -- where an application for SDP has been made. MR. MULHERE: And strike through the word attorney where we talked about n and just say the owner or the county may request the deviation. Page 98. CHAIRMAN STRAIN: You're right. Okay, there are four changes to the existing amended language. Ms. Caron? COMMISSIONER CARON: On Page 99, on little b, you see where it's a highlighted yellow two? MR. MULHERE: Yes. eOMMISSIONER CARON: And beyond that it goes above or exceeding the minimums. Should it also be minimums or maximums? We changed that down below, and I wasn't sure if we were supposed to change it there as well. MR. MULHERE: Yeah, you're right. Let me look at that. I think you're absolutely right. CHAIRMAN STRAIN: Well, if you -- would it be minimums or max -- just exceeding the values established in that subsection, or however you want to define it. MR. MULHERE: Well, we changed it to say minimums and maximums in the other one. It makes sense. CHAIRMAN STRAIN: Okay, so now we have five changes made to the changes that you produced. Anybody else have any? COMMISSIONER MURRAY: Plus the little d moves over. CHAIRMAN STRAIN: Wcll, the little d moves over. Six changes. MR. MULHERE: Actually it was the big D. CHAIRMAN STRAIN: Huh? The big D, okay. [ think that the changes -- the six changes are well understood. COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: I don't know why we'd want this to come back again. We can get it off our plate. Does anybody feel otherwise? (No response.) eHAIRMAN STRAIN: Hearing no concern-- COMMISSIONER MURRAY: I would make a motion. CHAIRMAN STRAIN: -- then. There's no public here. I would suggest for a motion to approve or disapprove, consistent or inconsistent with the GMP for Section 1.04.04 and Section 1.08.08 -- COMMISSIONER MURRA Y: I would make that -- CHAIRMAN STRAIN: -- as amended and as corrected. COMMISSIONER MURRAY: I would make that motion for approval subject to the conditions. CHAIRMAN STRAIN: And consistent with the GMP? COMMISSIONER MURRAY: And consistent, yes. CHAIRMAN STRAIN: Mr. Murray made the motion for approval n no, consistent -- for approval consistent with the GMP with the amendments and the corrections we made today. Is there a second? COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Mr. Schiffer made the second. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. Page 98 16\ 1~ October 2, 2008 COMMISSIONER SeHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0. Let the record show, by the way, Mr. Vigliotti had to leave. MR. MULHERE: Thank you. CHAIRMAN STRAIN: Thank you, sir. Now we'll move to the most difficult one of the day. Just kidding, Lisa. Page I I I. Page 111, our streetlight rewrite that we had a couple minor corrections to from -- MS. F ABACHER: Did you hand all these -- CHAIRMAN STRAIN: No. MS. KOEHLER: I'm sorry? I passed them out. CHAIRMAN STRAIN: Yeah, we did. MS. KOEHLER: Everybody got one. MS. F ABACHER: eherie' got one? MS. KOEHLER: Yes. MS. FABACHER: Okay, thank you. CHAIRMAN STRAIN: And the revision that we should be looking at is 7/29/08. And it's a rewrite of the previous n COMMISSIONER SCHIFFER: What page again, Mark? CHAIRMAN STRAIN: We're on Page I I I and 112. That was some clean-up to the language that we previously recommended. MS. KOEHLER: Lisa Koehler, Transportation Planning. I don't think there were any changes. You don't have a revised amendment in front of you. What you had before were some questions about lighting levels, accidents, why we have what we have. And you had asked that we go through the IESNA Handbook, and not give you the entire handbook but give you the applicable scctions. And that's what you have in your handout. And then on the back side what you have is accident data that we were able to get. And it comes from different sources, Florida Highway Safety and Motor Vehicle Traffic Crash Statistic report. You've got a chart at the bottom that's from the Collier Sheriffs Oflice. They weren't able to break it down I think for what you guys were wanting to know locally. I think you were looking at what kind of nighttime crashes we have. And they were just able to give us the overall numbers and not time of day for those crashes. One interesting thing to note is in the middle, from the National Cooperative Highway Program in their 2000 report. Florida had the highest pedestrian fatalities in all the states. COMMISSIONER MURRAY: All the old people walking slowly. CHAIRMAN STRAIN: Florida had the highest? MS. KOEHLER: Florida was the highest state, at 3.2 per hundred thousand. The average at that time was 1.7. So we feel -- sort of in summation, so what we fcellike is that we need to keep the foot candles. You guys had asked before do we really the two to live-foot candles. And our response is yes, we do. Page 99 16 \ IN? October 2, 2008 We obviously have, you know, a concern for the fatalities and for the accidents for pedestrians and bicyclists and we want to create those safe pathways for them. Yes, sir? CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: That may very well be true. But you need to break -- to prove that, you need to break this down just one more step. Ifit has the highest pedestrian fatalities, are they at night? MS. KOEHLER: I think if you look -- all that was able to find in various places, it just said that the darkness nlet's see if there are any stats. Yes. If you flip your page back over, under Section 1.5, night/day accident relationships. Fatal accident rate at night is three times greater than the daytime rate. COMMISSIONER MURRA Y: Well, yeah, but that doesn't -- that's a statement of explanation. That's not necessarily a statement of actual iact. MS. KOEHLER: We were not able to find any breakdown of time of day accidents for Florida. COMMISSIONER MURRAY: Okay. But at least you tried, right? MS. KOEHLER: Yes. And the Sheriff's Office tried as well. They thought they had it. But in the end they weren't able to produce that information so that you could at least see what we have locally. eHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Lisa, what is the lighting on the roadway requirement? MS. KOEHLER: Nick tried to explain that the last time where he talked about the average lighting is 1.6. But -- hold on a second, because I did talk with our street department. I think our ranges have to n I know our intersections are lit anywhere between a 1.5 and a 2.9. Our roadway lighting is supposed to average a 1.6. So you certainly have lighter areas and darker areas, but you have that average. CHAIRMAN STRAIN: Would there be a chance then based on that lowcr lighting provided already by the road systcm that anybody would ever be able to benefit from the additional -- from that lighting, since n MS. KOEHLER: Yes, which is why we're proposing the language that we are, that if you can meet your current street level lighting, you don't have to add the additional pole and light. That's the language that you see on Page 112 that is the shadcd, the highlight. CHAIRMAN STRAIN: But the current level that you're asking them to meet is between two and five -- MS. KOEHLER: Two and five. So -- CHAIRMAN STRAIN: But if our standard is only 1.6, how can any of ours give them the two to five? MS. KOEHLER: That's your average. You have to maintain n on your roadway that you're driving on, that average has to be 1.6. So there's going to be some areas that are higher. So it's very possible that if you have a streetlight at the entrance of your development, you could be at a 2.0, two-and-a-half or something higher, so that you don't have to add that additional light. CHAIRMAN STRAIN: Okay, but why don't we use 1.5 then as the minimum, since that could be the average that's already out there. Why would we want a numbcr higher than the average that we would provide? MS. KOEHLER: Because the IESNA standards say those intersections should be lit at 50 percent higher rate. CHAIRMAN STRAIN: Then we're not doing it, though. MS. KOEHLER: Explain. I'm confused. CHAIRMAN STRAIN: Okay. The intersections you're talking about that should be illuminated at a higher rate -- Page 100 16 1 1 ~<? October 2, 2008 MS. KOEHLER: At the 2.2 to five. CHAIRMAN STRAIN: -- are where driveways meet the road systems. Where the driveways meet the road systems, not the intersections that we've already lighted. MS. KOEHLER: The IESNA standards are that your pedestrian walkways at your high volume intersections or driveways should be lit at 50 percent higher than your roadway. So if our roadway is averaging 1.6, we need to be 50 percent higher than that as you're coming into that development. CHAIRMAN STRAIN: Okay, understand. MS. KOEHLER: So we're in that range of two to five. CHAIRMAN STRAIN: Gotcha. Mr. Schiffer? COMMISSIONER SCHIFFER: Just to -- CHAIRMAN STRAIN: Oh, Mr. Klatzkow after Mr. Schiffer. MR. KLA TZKOW: I just want to note that dcvelopment is a defined term in the LDC and it would include all single-family homes. All single-family homes would fall underneath this standard. CHAIRMAN STRAIN: They took that out, though. Didn't you? MS. KOEHLER: Yes. CHAIRMAN STRAIN: Yeah, the new writing, revised 7/29/08, they took that out -- MS. KOEHLER: We didn't use the defined teml of development at your -- we had that originally when we submitted and at Mr. Klatzkow's request we took that out. So now it reads residential and commercial developments improved through an SDP, SDPA or PPL. MR. KLA TZKOW: The version I have is different. My apologies. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: That was kind of my question. But that still means every single commercial project -- MS. KOEHLER: It does, which is what it is today. Even though we use the word subdivision, if you come in with a single lot development, a bank, a restaurant or whatever, you have to meet that two to five-foot candle, but you have to do it on both sides. Where we're sort of relaxing that requirement, saying if you can meet that two to five and show it on your lighting plan, that you might not have to add that additional light. COMMISSIONER SCHIFFER: What do you mean both sides? What was that? MS. KOEHLER: That's the way it was written before is you have to add a light fixture on both sides of the driveway. COMMISSIONER SCHIFFER: Both sides, okay. All right. MS. KOEHLER: Right. One of the questions you had asked before was n or somebody -- the cost of installation as well as the monthly cost, right, and that's on -- is that on your sheet? No, I've got that, sorry. I have too many sheets up here. Of the cost of installation. We asked the development community, they gave us a cost of$3,OOO for a single light pole, all of the work, conduits, wires, everything, and a cost of about $13 a month for FPL. COMMISSIONER SCHIFFER: The other qucstion I have is the five-foot candles. Do you think that might even be too much? I mean, here's what I'm afraid of; is a bunch of stores in a row. Like one of the ugliest things on these streets with commercial development is the brightness of the roadways. Do you think -- you know, because remember, these sidewalks, these walkways could be side by side, two different properties could be coming out with walkways next to each other, driveways. Because of the fact that they're on collectors, they're going to have a throat anyway, so there's going to be car stacking setback. Do you think we should drop that five just to make sure we don't? Page 101 161 1~ October 2, 2008 MS. KOEHLER: We really don't. We're talking about the safety offolks that are crossing that driveway as cars are turning in at night. You know, it's really important to have that driveway lit up so if there's anybody approaching that on foot or on a bicycle, you can see them. Because as you're turning in, you're trying to maybe beat traffic coming on to you. I think it's important. COMMISSIONER SCHIFFER: Yeah, I'm with you on that. And I'm not talking about the minimum, I'm talking about the maximum -- MS. KOEHLER: The maximum. No, I think -- COMMISSIONER SCHIFFER: So you would like to see a street with five-foot candles on the surface. MS. KOEHLER: At that entrance of a development, yes. CHAIRMAN STRAIN: But see, some streets are more passive in nature, they're quieter, they're illuminated at the lower level. Say they're all -- say you go down the street and it's all at 2.0, and all of a sudden you find one development that said, huh, I want to make mine stand out, I'm going to put all of mine in at 5.0 because I can. Maybe we ought to find a way to tie it to the standard average on the street within a certain distance of the site. MS. KOEHLER: Well, remember, you're only talking about collectors and arterials. You're not talking about your residential streets. So they're all going to be lit to about that same level. CHAIRMAN STRAIN: You think they're all going to be lit to 5.0'1 COMMISSIONER SCHIFFER: 1.6. CHAIRMAN STRAIN: 1.6. MS. KOEHLER: Right, that's your average. CHAIRMAN STRAIN: Right. So if you go down the street and you want to highlight your development, couldn't you raise your standard candle power in your particular entryway to put some real bright lights out there to attract n MS. KOEHLER: To five, right. And I think that they pointed out at the last meeting that if you look at the Germain dealership on the North Trail, it's lit up like Christmas. And that's certainly a way that people can attract people to their -- clients to their business, but -- CHAIRMAN STRAIN: That's not what we're supposed to be doing. MS. KOEHLER: But that's their parking lot lighting, okay. Their parking lot lighting is different than their street lighting requirements. CHAIRMAN STRAIN: But if you can do a 5.0 candle power in the street lighting based on this code, then the two lights that you choose to put up ffont at your driveway where they're along the roadway would be three candle powers or more above the average of the roadway, which would make your business or your enterprise stand out. MS. KOEHLER: It could. But you're also providing very safe passage. CHAIRMAN STRAIN: Isn't 2.0 safe? MS. KOEHLER: Yes. CHAIRMAN STRAIN: Okay. MS. KOEHLER: But I would argue four points is safer. CHAIRMAN STRAIN: But I'm not trying to give anybody an edge for advertising purposes under the -- MS. KOEHLER: And when you -- CHAIRMAN STRAIN: You've got to wait till one of us stop before you start talking. It's hard for her to keep track. So I think where Brad may have been hinting, and I think it's a good idea, why does anybody stand Page 1 02 clffulr 2, Joo~0 out. 11'2.0 is the one that works and it's the average for the area, why don't we look at a level, a certain ratio above 2.0, not two-and-a-halftimes 2.0. MS. KOEHLER: Well, I also think the reason for this is, if you would talk to a lighting expert, you have a range. If you install a light today at 2.0, as that -- as time goes on and you have dust and debris and just shmeg covering that light, it's not going to be 2.0 at some point. So if you're within that range from two to five, you've got some play in there. And I don't think you're going to find that a five point foot candle is like a high beam. COMMISSIONER MURRAY: You mean like these? MS. KOEHLER: It's not going to feel like you're under a spotlight -- CHAIRMAN STRAIN: I don't see the nccd to allow any particular commercial enterprise or residential or whatever to find a loophole in the code for them to stand out any more along the corridor that's provided to them by the public. So why don't we just say two-foot candles with a maximum not to exceed one additional foot candle over the average or something like that. MS. KOEHLER: Which would take you up to a 2.6'1 CHAIRMAN STRAIN: Well, whatever. MS. KOEHLER: I mean, it's not that -- when you're talking about your average, remember, your average roadway lighting is 1.6. So you're going to have -- if you're right under a streetlight, you're going to be higher than that 1.6. CHAIRMAN STRAIN: Right, but that's not the average. MS. KOEHLER: Correct. CHAIRMAN STRAIN: So they couldn't go above -- I don't know, I'm just picking a number. I'm suggesting another way to approach it that might be less intrusive. Go ahead, Brad. COMMISSIONER SCHIFFER: I think one thing, maybe -- and here's the sad thing that could happen is, we have a lot of developments where we have nice ballard soft lighting on there, and all of a sudden these are just going to be bright spots. What if we just made it so it's not twice the ambient roadway. That would let you go up to like a 3.2. And then -- again, we're not concerned with the minimum -- all the stuff that you gave us, there's nothing in there that -- it's saying that the light should be at least 50 percent. It's not saying -- there's nothing in here that states 300 percent is any better or any safer. So would that be a problem if we just had it two-foot candles not to exceed a maximum of twice the ambient roadway? '[bat way it would definitely be a bright spot. MS. KOEHLER: Would be brighter. COMMISSIONER SCHIFFER: And it would exceed what the paperwork you showed us. MS. KOEHLER: It would. CHAIRMAN STRAIN: Everybody comfortable with that? (No response.) CHAIRMAN STRAIN: I think it's better than five, so I think we're working in the right direction. Lisa, do you understand the suggested language? MS. KOEHLER: If you can go through it one more time. You want it to be -- CHAIRMAN STRAIN: Brad, do you want to -- MS. KOEHLER: n a minimum 01'2.0'1 COMMISSIONER SCHIFFER: It's two-foot candles and a maximum of twice the ambient roadway. CHAIRMAN STRAIN: So instead of5.0-foot candles, it would be twice the ambient roadway. Page 103 !c~blr 2, lv~0 COMMISSIONER SCHIFFER: Right. And that gives -- if something looks really bright, they could go out and they could adjust it. MS. KOEHLER: And you're right, the roadway lights are getting as dirty as these lights. So everybody should -- CHAIRMAN STRAIN: Are there any other corrections or suggestion to Pages II I, I 12 and I 13'1 (No response.) CHAIRMAN STRAIN: Okay, I think the one change can be made without it coming back. I hope we're all in agreement. If so, is there a motion to recommend approval or denial and inconsistent or consistent with the GMP for LDC Section 6.06.03 with the corrections noted and the ones supplied? COMMISSIONER MUI{RA Y: I'll make that motion. CHAIRMAN STRAIN: Mr. Murray made the motion. Is there a second? COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Mr. Schiffer. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMfAK: Aye. COMMISSIONER eARON: Aye. COMM[SSIONER MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. eHAIRMAN STRAIN: Aye. Anybody posed? (No response.) CIIAIRMAN STRAIN: Motion carries 6-0. We are down to the last one. I'd like if we could bear here and try to finish one. It might take a few minutes past 5:00. Will that work for you, eherie'? Excellent. Thank you, Lisa. MS. KOEHLER: Thank you. CHAIRMAN STRAIN: The next one is on Page 139. And it's n Catherine's got the one. So-- MS. FABACHER: I've got it. CHAIRMAN STRAIN: You've got it, Catherine. It's one page, but it's an in-depth one page. MS. F ABACHER: I'm going to move over here, use the overhead. CHAIRMAN STRAIN: Catherine, just so you know, if this gets too long, we'll just have to postpone it till next week, so let's just try to get as concise as we can. Ms. Caron? COMMISSIONER CARON: I'm going to suggest that we probably should put this one ofT until -- CHAIRMAN STRAIN: I have no problem with that. If it's going to take -- I mean, five minutes or 10 minutes, if we're going to -- we probably will take more than that. What's the rest of you fee]? COMMISSIONER SCHIFFER: Either way. COMMISSIONER CARON: I don't know want to get started and then stop. COMMISSIONER MURRA Y: Amazing, one page would take you so much time. MS. F ABACHER: Did everyone get a copy of the Florida Attorney General's opinion? CHAIRMAN STRAIN: Yes, we did. At least everybody here. Yeah, I see Ms. Caron's got it. So -- Page 1 04 Jcfublr 2, ~~0 MS. F ABACHER: I just want to say that on Page 140.3 in the paragraph that begins with the term passive recreation, which says the Florida Statutes cannot define it, it talks about what the problem is, and the problem is whether the facility n I'm in the middle of the paragraph, the first word is engagement. But the problem is, is whether the facility is resource-based as opposed to user-oriented would appear to be relevant. And we've kind of said all along, Conservation Collier and preserves are resource-based, Parks and Recs are user-based. And the whole problem is, is that we tried in 2006 to come up with a list that meets everyone, and it can't. And I think at thc last meeting I showed you about nine different definitions from other areas, which you had asked me to do. And then the other thing you said was to try and sit down and get everybody to agree on these uses. But I think if you read through the Attorney General's opinion and particularly footnote number five, that almost nobody can do that. Our recommendation back in '06 was to just put some sort of generic definition that includes such activities as, and let the various entities, like they do, like Barbara Burgeson is defining the uses in her preserves in the preserves section. Alex Sulecki in her Conservation Collier lands ordinance has already said what her activities can be. And as far as Parks and Recs go, I don't know. But that's the problem. Parks and Recs is obviously -- doesn't have very much passive recreation, or what they would consider passive may not be, like camping would not be considered passive by the folks in environmental. You may want to think about it and we can discuss it again a~ you want. But I just want to cmphasize again what the inhcrent problems and that almost everyone I checked just puts some vague general thing. And then when they get to that use or that sort of property or that type of district, then they get more specific about what they consider allowable. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: I'm not saying you're right, wrong or indifferent. I just think it is going to require an in-dcpth discussion that [ don't want to start at 5 :00. MS. FABACHER: That's fine. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Ditto. CHA1RMAN STRAIN: Okay. I have no problem with that, because it is -- eatherine, I don't think this -- what's been defined here and what you provided probably isn't going to survive. So rather than get into an issue now that's going to get lengthy, we'll defer this one to next Thursday as well. And with that in mind, I'm looking lor a motion to continue this meeting to 12:30 in this room, not December 7th but October 7th. COMMISSIONER CARON: And that would be a Tuesday, not a Thursday. CHAIRMAN STRAIN: That would be Tuesday, next Tuesday. MS. F ABAeHER: And that would be a continuation of this hearing of Cycle 2008, Cycle 1 LDC. CHAIRMAN STRAIN: Right. I said 12:30 next Tuesday. Mr. Klatzkow you look puzzled. No? 12:30 next Tuesday. [s there a motion for that? COMMISSIONER SeHlFFER: I will make that. CHAIRMAN STRAIN: Thank you, sir. Is there a second? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Seconded by Ms. Caron. All in favor? Page 105 COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0. We are off till next Tuesday. ***** There being no further business for the good of the County, the order of the Chair at 5:00 p.m. lt~blr 2, ~ot0 meeting was adjoumed by These minutes approved by the Board on corrected 1.o-t~ JJeJ o'if, as presented v or as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 106 ~i:II:S DF/~~ Henning '~ Coyle MINUTES OF THE MEETING OF THE COLL1r!fti3trNTY GOLDEN GATE COMMUNITY CENTER 16 ~ ADVISORY COMMITTEE . i (,., r"",:.~_ '.'1, lr ~.' . \ i ,. ~,. '. ~ v , ?OeB I,,) '~,-,d;';:"" C >'"'!i:;,~i,!nC'rs 1 .j\~ Naples, Florida, September 2,2008 LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in a REGULAR SESSION in Conference Room "C" of the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present: CHAIRMAN: VICE CHAIR: Jim Klug Ernie Bretzmann Bill Arthur Vicki Clavelo Kaydee Tuff ( absent) ALSO PRESENT: Annie Alvarez, Regional Manager/Region II Vickie Wilson, Community Center ~MPeo,yjs>or Sherry Pryor, Budget Analyst ~ L J Laura Davisson, Budget Analyst Date' I b t'J)( Item# /0ILt')Ah 'tn 169t08 1 ^u t. Call to Order The meeting was called to order at 6:05 PM by Chairman, Jim Klug. II. Attendance - Establish a Quorum A quorum was established. III. Approval of Agenda Jim Klug moved to approve the Agenda as submitted. Second by Vicki Clavelo. Carried unanimously 4-0. IV. Approval of August 4, 2008 Meeting Minutes Jim Klug moved to approve the Minutes as submitted. Second by Bill Arthur. Carried unanimously 4-0. V. Old Business A. Recreation Highlights Vickie Wilson reported on the following: . Lake Skate had 57 participants sponsored by Envious and co-sponsored by Hooters and was very successful. Planning anothcr event in October. . After School Program has an enrollment of 20 children. . The fence at the Wheels Park has been extended 9 feet. VI. New Business A. Introduction of Christina Apkarian . Vickie Wilson introduced Christina Apkarian as a Program Leader specializing in Special Events and Latin Programming. She was a Special Events Coordinator working with and trained by Annie Alvarez. . Vickie Wilson reported August 29, 2008 was Kara Tardios' last day of employment. Centcr is hoping to lind a replacement within the County. B. Monthly Budget . Annie Alvarez reported working on the end of the fiscal year budget and projected a surplus 01'$18,000 after all the monthly costs were deducted. The funds will be used for pavers and fencing with a gate across Sunshine Blvd. . Vickie Wilson stated the only concerns are with permitting and Fire Department access. C. Budget Questions . Annie Alvarez introduced Sherry Pryor and Laura Davisson from Collier County Budget Office and stated they would answer questions for the Advisory Board. . .Jim Klug gave a brief history on the Center stating the original building was built and funded by the MSTU. An addition was built on the Center 2 161 1 ~~ 9/2/08 and funded by Collier County. Thus an Agreement was made between the Collier County and the MSTU according to the square footage the expenses be split 60% - 40%. This facility is being funded by the Ad Valorem Tax and the MSTU, which is a 40% increasc in funding. The Advisory Board would like to make sure the Center is receiving 40% more services then if the MSTU didn't exist. The following questions and answers were received: Q. What is the formula Collier County uses to allocate Ad Valorem Taxes to the Center.~? A. Nofi!rmula is used. It is hased on growth in population and needs. Q. Ad Valorem Taxes are received by all Parks & Recreationfacilities. How can GGCC ensure they are receiving their "fair share" of benefits compared to locations that do not have an MSTU? A. There is no way to track this in/ormation. Golden Gate Community Center has many sofi henefitsfiJr the taxpayers. Thefacility can he used fi,,' weddings and receptions that can serve alcohol, hirthday parties. charitahle and civic affairs with a Kitchen with an indoor f..,rymnasium. Other locations charge the taxpayersfiJr private use oftheirfacUities. There is no way to put a dol/arfigure on henefits. Q. Do all the other locations charge? A. Yes. even to the non-profit events. Q. Are the MSTU Funds being used to subsidize the Ad Valorem Taxes or are they being used as an increase for additional services? A. There will never he a direct answer due to the difJerenttype 0/ facilities. sizes o/lhe fi,cUities and services provided. Golden Gate Community Center has more programs and more employees than other locations. The MSTU has a responsihility to the Center to pay additional funds to maintain thefacility Sherry Pryor pointed out another benefit to the MSTU is that the "Carry Forward" Fund is reflecting an accumulation of$268, 100 on page 52. (See attached) What is not spent by the end of the fiscal year remains in the Fund. Laura Davisson stated the Carry Forward/Reserves for Contingencies and Reserves for Capital are monics not earmarked for any purpose. Q. Can the Advisory Board spend money for a specific project from the Carry Forward Fund simply by going to the BCC for approval? A. Yes. hut he cautioned not to .\pendfunds you may needfiJr emergency purposes. 3 16 ~12/081 k~ Q. Does the GGCCC have money? A. There is money in the Reserves hut they recommend saving moniesjiJr emergency purposes. The Bee has directed ReservesffJr Capital/imds are earmarkedfiJr air conditioning and roo/repairs. What is not .'pent will rollover into the next year. Laura Davisson recommended questions be directed through a request for legal services from the County Attorney on the following issues. . What would happen if the MSTU were to dissolve') . What would happen if the tax monies were not coming in? . What if the GGCC wishes to take the funds and spend them elsewhere within their boundaries? . What are the MSTU physical responsibilities') . What is the Statue of Limitations? . What control does the MSTU have over the money they are originating? . What are the repercussions? Jim Klug requested permission from the Advisory Board to meet with Commissioner Henning to discuss if the MSTU Funds officially benefit the Community. Discussion ensued and there was a consensus for Jim to meet with Commissioner Henning VII. Member Comments Bill Arthur asked who is responsible for cleaning the kitchen and suggested the group using the facility should be the one responsible. Sherry Pryor recommended charging a deposit from any group renting the facility. Bill Arthur requested a copy ofthe Revised Ordinance and the Revised Rules & Regulations be provided to the Advisory Board at the next meeting. Ernie Bretzmann asked how the transition from the prior Ordinance to the New Ordinance in regards to the Advisory Board Members terms in office has changed. This answer will be reflected in the October 6, 2008 Minutes. VIII. Public Comments None. There being no further business for the good of the County, the meeting was moved and seconded to adjourn. The meeting adjourned at 7:10 PM. 4 16t 9/2/08 COLLIER COlJNTY GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE These Minutes were approved by the Advisory Board Chair on as prescnted or as amended V 5 /T! lAiR ~. r-- ----- 10 381:'d 161 FEE CHARGES COMPARISON ... Golden Gate taxing district Charitable, Not-for-Profit and Civic organizations don't pay a rental fee. .. Charitable, Not-for-Profit, and Civic groups living outside the taxing district don't pay a rental fee. -.I Auditorium rental is free to Charitable, Not-for-Profit aDd Civic groups can use at no charge. ,.. Alcohol is permitted only at GGCC indoon and outdoors. .. Gym is open to the public at DO charge. .. Exclusive time is set aside for Open Gym for the neighborhood kids. .. Gym boun have been until 9p.m. on Saturdays for the neighborbood kids. 1 t\~ <JOSS3:JO<Jd 0LL989PLL81 81:16 8006/11/11 ~ " r n m I ~ ~ n ~ 0 0 N , '" 0 , m e. :J -3 ~ ! 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FY 2009 FY 2009 Total FTE Budget 9,00 1,114,129 Program Summary Golden Gate Community Center The Golden Gate Community C9ntElr $erves. as. a meeting place fDr eommunlty groups and provides structured programmIng for all ages via clanes, actlvltle$, and special events and offer!; Inform~1 gathering opportunities through open game room $l1d drop~in recreation programs ChIldcare/Pre$chool, Afterschool, No School, V~cation Camp Strive to m"t family heeds by providing a safe and supervised an"lronment for all childrfiln to attend throughout the year and during th~ -summer months. Provide recreational and enrIchment experiences for self-esteem, s8If-rAlIance, leaming, pleasure, health and w$11 balt1g. Unfilled Positions ReservesITransfers FY 2009 Revenues FY 2009 Net Cost 536,526 577,600 1.50 96,374 12,500 83,874 FY 2008 forecast 538,600 352,100 257,300 21,600 1,1791400 3,400 MOO 2.00 144,100 764,500 -620,400 12.50 1,354,600 1,354,600 12.50 1,354,600 1,354,600 FY 2007 FY 2008 FY 2008 FY 2009 Actual Budget l=ol"Gca15t BUdget 858 480 468 660 14 16 10 13 16,973 29,700 22,200 29.500 418 420 426 520 FY 2009 FY 2009 FY 2009 FY 2009 Current Ex~nded Proposed Change 580,700 580,700 9.6% 334,600 334,600 (24.0%) 269,200 289,200 e.Z% 2,BOO 2.800 n. 1,207,300 1,207,300 (2,4%) 3,200 3,200 (5,9%) 9,500 9,500 10.5% 66,000 66,000 6.6% 68,600 68,600 18,1#% (100.0%) 1,354,600 1,354,600 10.4%) 12,50 12,50 0% Current Level of Service Budget Total Proposed Budget Program Perfonnance Measures Total Number of After Schoof/Camp Participants Total Number of After School/Camp Programs ( '~otal Number of Participants 'otal Number of Programs Program Budgetary Cost SurnmClry PEll'$onal Ser'Vlces OperatIng E.xpense Indlr8d. Cast Relmbure; Capital Outlay FY 2007 Actual 564,579 367,745 278,600 65,361 1,298,288 3,651 8,905 Net Operating Budglilt Trans to Property Appra.iser Trans to Tax CoJlactor Reserves For Conting$ncleQ: Reserves For Capital Res9rv8 for Attrition Total BudgM Total FTE 1,308,842 12.50 (.---...., FY 2008 Adopte. 529,000 440,500 267,300 1,237,600 3,400 8,600 61,900 58,700 (10,600) 1,358,600 12.50 1,191,200 12,60 Fiscal Yeiilr Z009 Public Servie~ Division 90 39\1d dOSS380dd 51 0LL989PLL81 81:16 8006/11/11 161 1~~ Collier County GOVl>rnm('nt rISC<l1 YC';::H 7009 Proposed BlId~wt /?--.. Public Services Division Parks & Recreation Department Golden Gate Community Center (130) FY 2007 FY 2008 FY 2009 FY 200. FY 2009 FY 2009 FY 2009 Program Funding Sources Actual Adopted Forecast Current Expanded ~roposed Change Ad Valorem Tax~ 441 ,262 429,800 414,200 391,700 361,700 (11.2%) Delinquent Ad Valorem Taxes 20 n. Chars" For Services 163,760 169,600 156,500 187,400 167,400 (1,:i:%) Mf&oellaneol,ls ReVenl,J8$ M56 6,000 6,000 6,000 6,000 0% lntere&tfMI$C 26,895 15,000 15,000 15,000 15,000 0% Tral'l$ frm Property Appral88r 619 na Trans frm Tax Collector 4,350 n. Trans fm 111 MSTD Gen Fd 670,700 594.300 594,300 525,200 525.200 (11.6%) Carry Forward 266,387 156,900 271,300 266,100 268,1 00 70.9% Negative 5% Revenue Reserve (32,000) (26,600) (28,800) (10,0%) TDtol Funding 1,882,851 1.359,800 1.459,300 1.3~.800 1.364.800 (0.4%) ('---- I~ FIscal Year 2009 52 Public ServIces Olvhiilon L0 391:'d <I0553:JO<ld 0U989PLL81 81:16 8006/11/11 161 1 A{p Colllr:r County Government fiscal Year 2009 Proposed HlHlyet ~ Public Services Division Parks & Recreation Department Forecast FY 07/08 ~ Personal services will be $8,700 over adopted budget. There were four part~tjme positions frozen during the year. Two employees took early retJrement in April and another long-term employee left mId-year as well. To ensure continuous service within out childcare programs, job bank personnel were utilized at a total cost of $33,200. Termination payouts were $7,500 and the VSIP payment was $18,600_ The second retiree elected to have the medical benefits for three years in lieu of the cash pay~ot.Jt. Operating expenses will be $88,400 below budget. Of this valiance, $49,500 is savings in contractual services due to some programs not takJng place, Property insurance foreca~t WaS reduced by $22,400 as the premiums were substantially lower than anticipated and these savings were passed to the appropriate departments, Other small cost savings were identified, totaling $18,500. Capital Outlay Is $21,500 over adopted budget. In the prior year, the Community Center neaded to replace the kitchen hood system and the actual purchase did not happen until the end of the year. Accordingiy. the budget and purchase order rolled into the FY 07/08 bUdget. Revenues are expected to faU short of the adopted budget by $46,700. Ad valorem tax doilars were received at $15,600 below the adopted budget due to discounts for early payment. The Community Center is stifl working to get their athletic and recreation programs back up to par and is anticipating a $31,100 shortfall in this area. Current FY 08/09 - Personal s!3rvicij:s incr~ased as the department has included $50,000 for' job bank employees to cover the fee generating programs of the Community Center. The Golden Gate Community Center is funded at 84.0% for personal services, Operating expenses, Im:ludlng IndIrect cost, will decrease In the current year by $84,000. Of this, $34,800 was reduced In Other Contractual Services as slEjlff is planning on running some of the activities In lieu of hirIng contract personnel. Property Insurance. allocation was reduced by $17,600. Additional savings will be accomplished by n,ducing other supplies for special events r"'''~$4,000): building supplies of ($3,000); marKeting and promotion ($4,000) due to elimination of the Bike Fest; pressure cleaning he building is now planned for twice a year instead of quarterly ($5,000): and minor operating equipment is ($12,000) less than the prior year as security cameras, folding chairs and table$ were replaced In FY 08. Capital outlay consists of $2,800 for the purchase of a laptop computer. Reserve-Capital 08/09 - The capital reserve of $68,600 includes reserves for the repiacement of the air conditioning unit of $48,100 and two years of reserve for the roof replacement of $20,500. General Notes; The performance measures for Golden Gate Comml,lnity Center were decreased in the 2008 forecast and FY 2009 bUdget because the Summer Camp Programs were moved to the MSTD Fund 111 as these programs serve the Community Parks and not just the Golden Gate Community Center. (,...~~... FIscal Year 2009 53 PubliC Services OI"I&lot'l 80 39\1d ,"0553JO,"d 0LL989t>LL81 81:10 8000/11/11 161 1 ~\J' Fiala Halas Henning Coyle Coletta August 27, 2008 ,; <L') ~':"dl '-.: ,.r n;wt~. (, i_'I;, ";:-:.:Li"C';" MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, August 27, 2008 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr. Judith Hushon Roslyn (Roz) Katz Dr. Christian Mogelvang Jeffery A. Carter Elizabeth Keller Amber Crooks Tom Cravens Adoni Kokkinos (Excused) Bonnie Michaels (Excused) ALSO PRESENT: Laura Roys, Sr, Environmental Specialist Steve Williams, Assistant County Attorney Kirsten Wilkie, Environmental Specialist Barbara Burgeson. Environmental Services ~ca~~rres Date l~/uJ_ D~ Item # ! 10 I L 154 1-- Copies to 1611 1 ~1 August 27, 2008 I. Call Meeting to Order Chairman Uushon called the meeting to order at 9:40 AM. II. Roll Call Roll call was taken and a quorum was established. It was noted Trish Adams of the United States Fish and Wildlife Service was present via tele-conference. Ill. Approval of Agenda Ms. Katz moved to approve the agenda subject to the following changes: Item VI. - New Business - addition of item e. Seminole Tribe of Florida Update - Sarah Grubs, Wildlife Biologist Item XI. - Next meeting Date from September 22, 2008 to September 24, 2008 Second by Dr. Mogelvang. Carried unanimously 7-0. IV. Approval of Minutes: Ms. Crooks moved to approve the minutes subject to the following correction: Page 4 - paragraph 2, - from "Ms. Crooks will prepare a slide show presentation for the..." to "Ms. Crooks will prepare a handout for the..." Second by Mr. Carter. Carried unanimously 7-0. V. Old Business a. Amend Resolution 2006-41 to remove 4 memhers/Committee Expiration January 2009 It was noted that the current Habitat Conservation Plan Advisory Committee Expires on January 24, 2009. Chairman Uushon recommended a motion be brought forward requesting an extension from the Board of County Commissioners until 1/24/2012. Mr. Carter moved (to request the Board of Commissioners extend the Habitat Conservation Advisory Plan Committee until January 24, 2()J2). Second by Ms. Katz. Carried unanimously 7-0. Discussion ensued regarding possible wording changes to Resolution 2006- 41. Ms. Crooks recommended the language for Section IV include the wording "to assist Collier County Staff in development of the HCP (Habitat Conservation Plan), if approved by the BCC (Board of County Commissioners) including preparation of and implementation ofESA Section VI Grant." Chairman Uushon recommended adding language (in the above referenced Section) that also incorporated "submitting and subsequent negotiations" or similar language for aiding in Staff and Agency communications. 2 Ion 1 k1 August 27, 2008 Ms. Katz moved to approve the language changes discussed above (to Resolution 2006-41). Second by Mr. Carter. Carried unanimously 7-0. b. Draft letter from Agencies (USFWS, FWC, ACOE & SFWMD) Ms. Crooks circulated a draft letter dated August 25, 2008 for the following recipients: South Florida Water Management District, Army Corps of Engineers and the Department of Environmental Conservation which invites them to the September 24, 2008 Habitat Conservation Plan Advisory Committee to discuss the feasibility ofa proposed partnership. Mr. Carter moved to approve sending out the letter to those listed above.. Second by Mr. Cravens. Carried unanimously 7-0. It was noted these partnerships would aid in a quicker review process for any required Agency permit applications. VI. New Business a. Approval of HCP Grant Proposal Kirsten Wilkie, Environmental Specialist submitted a proposed Executive Summary (ES) "Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal to the USFWS via the Florida Fish and Wildlife Conservation Commission to support the development of an HCP jor lmmokalee Urban Area, excluding the RLSA and authorize the Chairman to sign any additional application forms or documents that may be required by the Florida Fish and Wildlife Conservation Commission or the US Fish and Wildlife Service. " The Committee reviewed the ES discussing possible wording changes. Kristen Wilkie submitted a document to the Committee members for their review via e-mail entitled "Development ofa Habitat Conservation Plan for the Immokalee Urban Area within Collier County, Florida. " Ms. Crooks wanted to ensure that the language is clear on page 10, Section E, that Habitat Conservation Plan funding and Conservation Collier funding will remain separate in the process. Ms. Crooks had returned a copy of the document to Kirsten Wilkie with proposed changes. Kirsten Wilkie made real time changes to the document noting she will review the documents and "merge" both documents (Ms. Crooks and Kirsten Wilkie's dated August 25,2008) into one document and asked if the Committee could formulate a motion approving the Executive Summary and the document, "Development of a Habitat Conservation Plan for the lmmokalee Urban Area within Collier County, Florida" (approve for submittal to the Board of County Commissioner for approvaL) 3 161 1 p.t\ August 27, 2008 Mr. Carter moved to send the document ("Development of a Habitat Conservation Plan for the Immokalee Urban Area within Collier County, Florida '? forward with the changes as discussed. Second by Ms. Katz, Carried unanimously 7-0. Ms. Katz moved to accept (approve) the Executive Summary( "Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal to the USFWS via the Florida Fish and Wildlife Conservation Commission to support the development of an HCP for Immokalee Urban Area, excluding the RLSA and authorize the Chairman to sign any additional application forms or documents that may be required by the Florida Fi~h and Wildlife Conservation Commission or the US Fish and Wildlife Service'? subject to the following two changes: I)Page I, Paragraph 4, "The objectives of an HCP for the IUA will be:" - item #4, line 1 - from "Encourage development in locations..." to "Focus development in locations..." 2) Page 2, After the Fiscal Impact Section, add the statement: "This proposal is requesting a grant for $381,000 and is showing a match of $227,500 or 42% of the total HCP cost $658,500 through the planned contributions of the County staff time, the CRA staff time and individual volunteer's time" Second by Ms Crooks. Carried unanimously 7-0. b. Selection of New Vice Chair Ms. Katz moved to appoint Amber Crooks as Vice Chairman of the Habitat Conservation Plan Advisory Committee. Second by Mr. Carter. Carried unanimously 7-0. c. Review and Recommendation of Member Application (Jon C. Staiger) Ms. Katz moved to recommend approval of the application (Jon C. Staiger application to be appointed by the Board of County Commissioners to the Habitat Conservation Plan Advisory Committee). Second by Ms. Keller. Carried unanimously 7-0. d. Presentation from Jeremy Sterk, Senior Environmental Consultant with Davidson Engineering This was to be presented after the quorum was lost at 10:55 PM, e. Seminole Tribe of Florida Update - Sarah Grubs, Wildlife Biologist This was to be presented after the quorum was lost at 10:55 PM. VII. Subcommittee Reports a. RCW Subcommittee 4 161 1 ~1 August 27, 2008 None b. HCP Options Subcommittee The Subcommittee minutes for the July 23. 2008 and August 13, 2008 meetings were submitted for review. c. HCP Alternatives Subcommittee None VIII. Public Comments None IX. Committee General Comments None X. Staff Comments a. BCC date - September 9, 2008 b. HCP Grant Deadline - September 22, 2008 Kirsten Wilkie noted on September 3, 2008 there will be a HCP Beaches presentation at Collier County Community Development Services Conference Room #609/610,2800 N. Horseshoe Drive, Naples, Florida. The Sunshine Law Seminar has been re-scheduled for September 15, 2008. Chairman Hushon noted there is a September 17, 2008 Immokalee Master Plan and Visioning Committee meeting and requested a HCPAC member attend and provide an update on the Grant submittal. XI. Setting Next Meeting Date a. September 24, 2008 Ms. Keller left meeting at I 0:55AM There no longer being a qnornm present, the meeting was adjonrned by order of the chair at 10:55 A.M. Presentations were then to be given. Habitat Conservation Plan Advisory Committee These minutes (roved by the Board/Committee on as presented or as amended . ;J (lCJ:l!j (J-frQ 4 5 Fiala Halas Henning Coyle ~ Coletta 161 1 ~1/ September 24, 2008 ',.,:,J,:, ''<<;(:l'I>(:n>''jif;: MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, September 24, 2008 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr.Judith Hushon VICE CHAIRMAN: Amber Crooks Roslyn (Roz) Katz Dr. Christian Mogelvang Jeffery A. Carter (Excused) Elizabeth Keller (Excused) Tom Cravens (Excused) Adoni Kokkinos (Excused) Bonnie Michaels (Excused) Jon Staiger (Excused) ALSO PRESENT: Steve Williams, Assistant County Atty. Kirsten Wilkie, Environmental Specialist Mise Corres' "\ Date:~ Item # Copies to 161 September 24, 2008 I. Call Meeting to Order Chairman Hushon called the meeting to order at 9:05 AM. II. Roll Call Roll call was taken and due to lack of a quorum the meeting was adjourned. The meeting was adjourned by order of the chair at 9: 15 A.M. Habitat Conservation Plan Advisory Committee <<Jlw~~ tJ ,HI;;) J J= Y 2 1 ~1 Fiala Halas Henning Coyle Coletta "(TV MINUTES OF THE MEETING OF THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD 161 11\~/ September 25, 2008 Naples, Florida, September 25,2008 LET IT BE REMEMBERED that the Collier County Hispanic Affairs Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Center, Naples, Florida with the following members present: Chairman: James Van Fleet (Excused) Luis Alejandro Bernal Raymond Cabral David Correa (Excused) Renato F. Fernandez (Excused) Manuel Gonzalez Valaree D. Maxwell Cosme Perez Ernesto Velasquez ALSO PRESENT: Mike Sheffield, Assistant to the County MarMi'!%erorresl t J Date td- llo tT'f:, I Item#l bID JAct 16l 1 A~ September 25,2008 I. Introduction A. Call to Order The meeting was called to order by Acting Chairman Manuel Gonzalez at 6:13 PM A quorum was established. B. Approval of the June 26, 2008 HAAB Meeting Minutes Ernesto Velasquez moved to approve the Minutes as submitted. Second by Cosme Perez. Carried unanimously, 6-0. II. Old Business A. Education Report - Dr. James A. Van Fleet Due to Dr. Van Fleet's absence, presentation of the Report was postponed. III. New Business A. Update from Jennifer Smith, Health & Wellness Educator, Collier County Health Department Jennifer Smith stated Collier County's population of year-round residents is approximately 355,300 and the Hispanic Community currently comprises 25% or 88,825 residents. By 2010, the population is the Hispanic Community is estimated to increase to between 106,400 to 127,900. The following are some of the services provided by the Health Department: · WIC (Women and Infant Children) Program provides nutritional counseling and medication for mothers and infant children · Healthy Start Program provides child birth classes in Spanish for expecting mothers · Teen Choices Program provides parenting courses for teen mothers with a goal of preventing repeat pregnancies · Tobacco Free Florida and SWAT (Students Working Against Tobacco) programs · A toll-free bilingual "Quit Line" was established in 2001 in partnership with the American Cancer Society · Works closely with Drug-Free Collier and the David Lawrence Center · Flu shots are provided to all (legal status is not verified) · Approximately 108 full time employees are bilingual to better assist the Spanish- speaking community with all program brochures published in Spanish as well as English Areas of concern: . Hispanic drivers are 2.2 times more likely to die in a traffic crash in Collier County . Hispanic drivers experienced higher percentages of DUI-related crashes · Young Hispanic drivers (ages 20 - 24) has the highest rate of motor vehicle occupant fatalities and lower percentages of seat belt use A suggestion was made to contact Dr. Delgado of Drug-Free Collier to obtain a list of drug, mental health and alcohol treatment options available in Lee and Collier Counties. 2 161 1 ~fr September 25, 2008 Jennifer Smith stated the Health Department is sponsoring a presentation of "Reality Journey" on October 22,2008 from 6:30 to 8:30 PM at the Unity Church on Davis Blvd. The program focuses the end results of dangerous activities, i.e., riding with a driver who is impaired. Cosme Perez pointed out the Columbus Day Parade, October II th in Golden Gate City, will provide an opportunity to disseminate information to the Hispanic community. A suggestion was made to ask a representative from the David Lawrence Center to make a presentation to the Committee concerning the services which are offered. Mike Sheffield stated he would contact the Center to arrange a presentation. IV. Comments/Announcements: Mike Sheffield distributed DVDs of the Sunshine Law Training to the Committee. III. New Business B. Law Enforcement Report - Manuel Gonzalez Mr. Gonzalez attended a presentation given by the Sheriffs Office Seniors Crime Assistance Unit on "Elder Abuse, Neglect and Exploitation." Facts: . Over 19% of Florida residents are over age 65 . I in 4 residents in Collier County are 60+ . Abuse occurs in private facilities as well as in the home . Victims are often reluctant to report abuse because they fear punishment . From 1986 - 1994, domestic elder abuse increased by 106% and 32% of abusers are adult children and/or spouses of adult children He outlined the warning signs of abuse, including emotional manipulation and isolation of the victim from family and other social contacts, as well as defining the different types of abuse and symptoms of neglect. He provided contact numbers for the Department of Children and Families (1-800-96- ABUSE) and the Sheriffs Office Seniors Crimes Assistance Unit (239-793-9468). IV. Comments/Announcements: Manuel Gonzalez announced that Victor Valdez was elected as President of the League of United Latin American Citizens ("LULAC") Civil Rights Council 7115. Mr. Valdez's office is located in Naples. He updated the Committee on the status of the Universal Identification card. He presented a draft of the card (effective May, 2009) which will supplement the use of passports for travel between the U.S., Canada, the Caribbean, and South America. 3 161 1 f\~ September 25, 2008 Mike Sheffield stated Commissioner Coletta was invited to attend the October 23rd meeting and will give a presentation on the "State of the County." V. Public CommentlPublic Speaker Angela Cisneros introduced herself as a native-born Floridian and resident of Collier County who attends Florida Gulf Coast University. She stated her remarks were presented in response to comments made during a previous meeting of the Committee. She felt discouraging students from speaking another language (in particular, Spanish) was restrictive. She was concerned about the movement to keep Florida as an "English only" State. She stated to push for assimilation without recognizing the contribution and uniqueness of various cultures will only lead to conflict. Acting Chairman Gonzalez stated it was unfortunate that Renato Fernandez was not in attendance to explain his remarks to her. A discussion ensued. Members questioned Ms. Cisneros about her high school educational experience and elicited her suggestions for changes to encourage students to remain in school and involve students in community out-reach activities. VI. Next Meetin!!:: October 23,2008 There being no further business for the good of the County, the meeting was adjourned by order of the Acting Chair at 7:35 P.M. COLLIER COUNTY HISPANIC AFFAIRS ADVISORY COMMITTEE (~. Manuel Gonzalez, Acting C an These Minutes were approved by the Board/Committee on /0 ~.:) A'~ as presented L------- or as amended 4 eRA Governing: Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Frank Halas Statel:nterorise Zone Develooment A2encv Board fEZDA) Fred N. Thomas, Jr Chairman Denise Handapangoda PhD, Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio Julio Estremera Kitchell Snow Ira Malamut Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo eRA Staff Penny Phillippi Executive Director 239,252.2310 Brad Muckel Project Manager 239.252.5549 Christi Betancourt Administrative Assistant 239.252,2313 '~"'. ......-.........., 'i f-U ~JlJtMQ~LE[ Clit\ Community Reqevelopment Agency iThe pl"ce to ("II Hamel Fiala Halas Henning Coyle Coletta ~ / 16 I 1 f\q '",.,,',",.'i EZONE MEETING AGENDA State Enterprise Zone Development Agency November 19, 2008 - 9:30 to 9:45 AM Career and Service Center of Collier County-Immokalee 750 South 5'" Street Immokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of Quorum. c. Adoption of Agenda. D. Approval of Minutes. Regular Meeting - October IS, 2008 (Enclosure I) E. Communications. F. Old Business. I. Brownfield Coalition Report G. New Business. I. Enterprise Zone Activities Monthly Report 2. Quarterly Report 3. Annual Report H. Citizen Comments I. Next Meeting December 17, 2008 at 9:30 A.M. J. Adiournment ::,:CI;,.:W,S..I.,~,.. or lCoT{I)A9 IMMO'~LEIE CQA Community Reqevelopment Agency i The P!qce to cqll Home! 16 'I lAq vi Enclosure I MINUTES Enterprise Zone Development Agency October 15,2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:50 A.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., and Ira MaJamut. Advisory Board/EZDA Members Absent/Excused: Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and one vacancy. Action: A quorum was announced as being present. C. AdOPtion of Agenda. Action: Mr. Rice moved to adopt the Agenda, Mrs, Deyo seconded the motion and the Agenda was adopted by unanimous vote, D. Approval of Minutes. September J 7,2008 Action: Mr, Rice moved to approve the September /7, 2008 Minutes. Mr. Malamut seconded the motion and the Minutes were approved by unanimous vote. E. Communications. F. Old Business. I. Brownfield Coalition - Report Staff is continuing to work with Sue Trone from the Bayshore CRA on the Brownfield Coalition, Clarence Tears provided a brief report on the Brownfield Coalition. G. New Business. 1. Enterprise Zone Standard Operating Procedure (SOP) CRA statIprovided an update. H. Citizen Comments. 1. Next Meeting Date. November J 9,2008 at 9:30 A.M. J. Adjournment. This meeting was adjourned at 9:55 A.M. IMMOKALEE eRA Community Redevelopment Agency iThe plqceto cqll Home! r'\fED RECi'~ NOV ; ,J08 Fiala Halas Henning Coyle Coletta Certification of Minutes Approval Form ",":I of CO\.J: ;;Jrnmissioners 161 1#1 . ippi, Executiv ector e Community edevelopment Agency ~~ .. ::~., Fred N. Thomas, Jr., Chai,an These Minutes for the Octoberl5, 2008, CRA Advisory Board/EZDAIIMPVC Meeting, November 6, 2008, eRA Advisory BoardlEZDAlIMPVC Special Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on November 19, 2008, as presented. * The next joint Advisory Board/EZDAlIMPVC meeting will be held December 17,2008, at 8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Hannon Turner Building (Building Fl. posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Cbristie Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Cbristie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Misc, COffes: Date: Ilem#: CRA Governim! Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissiom:r James N. Coletta Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board Fred N. Thomas, Jr. Chairman Denise Handapangoda, PhD, Bernardo Barnhart Capt Tom Davis Robert Halman Ex-officio Julio Estremera Kitchell Snow Ira Malamut Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo CRA Staff Penny Phillippi Executive Director 239,252.2310 Brad Muckel Project Manager 239,252,5549 Christi Betancourt Administrative Assistant 239.252.2313 '., .' ",.. .161 l~~~.,~LE.E C~ Community Redevelopment Agency iThe Pl.~ce to CClII Hamel Fil {\\ 0 Halas Henning Coyle Coletta ~ / V' CRA MEETING AGENDA Community Redevelopment Agency Advisory Committee November 19,2008- 9:45 to 10:30 A.M. Career and Service Center of Collier County-Immokalee 750 South 5th Street, lmmokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Adoption of Agenda. E. Approval of Minutes. Regular Meeting October 15, 2008 (Enclosure I) F. Communications. Executive Director Evaluation Documents G. Consent Items. H. Old Business. 1. Countv Code Enforcement Monthlv Highlights in Immokalee. a. Foreclosure Report - Kitchell Snow 2. Status of SR 29 Bvpass Proiect Schedule. 3. Commercial Facade Improvement Program Update. a. Monthly Report b. Eligible Applicants (Enclosure 2, 2-a, 2-b) I. New Business I. Nominating Committee Development. (Enclosure 3) 2. CRA Proposal to MSTU Update. 3. CRA Web Page Update. 4. Downtown/Public Realm Plan. - Update 5. Executive Director Proposed Evaluation Process. J. Citizen Comments. K. Next Meeting Date. December 17,2008 at 18:30 AM L. Adiournment * The next joint Advisory Board/EZDA/IMPVC meeting will be held December 17, 2008, at 8:30 A.M. at the Career and Service Center located at 750 South 5th Street in lmmokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm at a place to be announced in lmmokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please contact Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, lmmokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the \-!YI!1l'1ro:, and the Advisory Board may corne before one or ~f the referenced Board and Committees from time to tIme. MISC. ill I u<2 Date \ ~ I ~-1-.-.~- ,I --' 7\fq If ler lliI-LJ f1 lNlMQ~L6:6: CQ;A, Community Redevelopment Agency iThe Pl'1ce to c'1ll Homel 161 1 frIO Enclosure 1 / MINUTES Immokalee Local/Redevelopment Agency October 15, 2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:55 A.M. B. Roll Call and Announcement of Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., and Ira Malamut. Advisory Board Absent/Excused: Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and one vacancy. Action: A quorum was announced as being present, Others Present: Ralph Bosa, Kirsten Wilkie, Judy Hushon, Valerie Pike, Brooke Gabrielson, Susi Winchell, Birgit Paulhaack, Cormac Giglin, Paula McMichael, Patrick Vanasse, and David Hanson. Staff: Penny Phillippi, Brad Muckel and Christie Betancourt. C. Introductions. Each person introducted themselves. D. Adoption of Agenda. Action: Mrs. Deyo moved to adopt the Agenda, Mr. Rice seconded the motion and the Agenda was adopted by unanimous vote, E. Approval of Minutes. September 17, 2008 Action: Mr. Rice moved to approve the September 17, 2008 Minutes, Mr. Malamut seconded the motion and the Minutes were approved by unanimous vote. F. Communications. G. Consent Agenda Items. H. Old Business. 1. Countv Code Enforcement Monthlv Highlights in Immokalee. Kitchell Snow announced that Code Enforcement is progressing with clean up efforts and announced that Black Gale's Business has thirty days to repair damages on property or property will be taken care of by the County. Also the property on the corner of Boston Avenue is scheduled to be demolished. Carrie Williams announced that the area olT of East Delaware is in need of some attention. Although the area is adjacent to a residential area, the owner need only abide by Agricultural zoning requirements. The area has overgrown grass and residents are having vandalism problems. Action: Mr. Rice made a motion that the eRA staff create a letter for the property owner(s) of agriculturally owned property surrounding residential property explaining the problem and requesting they voluntarily cleanup the property; a copy of the letter also needs to go to the Sheriffs office. Captain Davis seconded the motion and the motion was passed by unanimous vote. 1611 1 A-/O The Chairman, Fred N. Thomas Jr. instructed CRA staff get together with Captain Tom Davis, Collier County Sheriffs office, and Kitchell Snow, Collier County Code Enforcement to create the letter. 2. Redevelopment of the State Farmer's Market. No Report. 3. Status of SR 29 Bypass Project Schedule. No Report. 4. East of 951 Infrastructures and Services Studv No Report. 5. DRI Projects in the Immokalee Area. a) Big Cypress DR! Fred N. Thomas Jr. provided an update. 6. Empowerment Alliance of Southwest Florida and Florida Non-Profit Services. Inc. Ms. Phillippi informed the Advisory Board that staff is developing an Agreement with the Empowerment Alliance ofSW Florida. 7. Commercial Facade Improvement Program Brad Muckel, CRA Project Manager, provided an update. 1. New Business 1. CRA Proposal to MSTU. Mr. Thomas provided an update on the joint meeting between the Immokalee MSTU and the Immokalee CRA staff on the proposed partnership between the CRA and MSTU. He also discussed the boundaries of the MSTU, recommending that the MSTU expand the urban area and seek participation from SFWMD (Big Cypress Basin) in the partnership to address drainage and roads. Penny Phillippi, Executive Director, provided the Immokalee MSTU Committee with a Power Point presentation about the Draft Master Plan. The Immokalee MSTU staff and Committee members seemed very interested in a partnership with the lmmokalee CRA. Dr. Handapangoda instructed CRA staff to investigate if the Immokalee CRA is part of a Regional MSTU. 2. CRA Web Page. Item was discussed in the Joint Meeting. 3. Downtown/Public Realm Plan. Penny Phillippi announced that the Downtown/Public Realm Plan in on the October 28, 2008 Board of County Commissioners Agenda. 4. Compo Plan Amendment Action: Mr, Rice made a motion to approve up to $30,OOOfor Submission of the Comp Plan Amendment. Mrs. Deyo seconded the motion and the motion was passed by unanimous vote. J. Citizen Comments. K. Next Meeting Date. Novemberl9. 2008 at !0:00am L. Adioumment: The meeting was adjourned at 10:15 A.M. 2 RECr\IED NOV : JOB Fi~6J Halas Henning Coyle Coletta lIdO IMMOKALEE eRA Community Redevelopment Agency iThe Plqce to Cql! Home! Certification of Minutes Approval Form d-.j ofCOUi- ,-:Or,lmissioners ippi, Executiv ector e Community edevelopment Agency A_~ =-~..o:,~-~'~ _ .~'_.:. "-'_"'__.., Fred N.fhomas, Jr., Chai,an These Minutes for the Odober15, 2008, CRA Advisory BoardlEZDAllMPVC Meeting, November 6, 2008, CRA Advisory BoardlEZDA/IMPVC Special Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on November 19, 2008, as presented. * The next joint Advisory BoardlEZDAlIMPVC meeting will be held December 17, 2008, at 8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the hnmokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the hnmokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Misc. Corres: Date: Item#: n ~ L) F. I 16 I 1 ^ 10 laa Halas ~ Henning 'v Coyle Coletta ~ IMMOKALEE eRA Community Redevelopment Agency i The PI'Ice to c'IlI Home' , ,,;{;;, (~f'; Certification of Minutes Approval Form Prepar(:Q. by: 1 / ippi, Executiv ector e Community edevelopment Agency Approved by:, ,. -)<'~~'.' ) ~.. / , '" -x"'- .. ....c... J c,,\.. > Fred N. Thomas, Jr., Chai~an , " These Minutes for the Octoberl5, 2008, CRA Advisory Board/EZDAlIMPVC Meeting, November 6, 2008, CRA Advisory BoardlEZDAlIMPVC Special Meeting were approved by the CRA Advisory Board/EZDA/lMPVC Committee on November 19, 2008, as presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held December 17, 2008, at 8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members ofthe Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. rillSC Corres: Date 'ern H IMMOKALEE eRA Community Re~evelopment Agency j The pl;Jce to C;JII Hamel 16/ 1 fr(O eRA Governiol! Board MEMORANDUM Commissioner Tom Henning Commissioner Donna Fiala DATE: November 19, 2008 Commissioner James N. Coletta TO: Sue Filson, Executive Manager, BCC Commissioner Fred W. Coyle FROM: Christie Betancourt, Administrative Assistant Immokalee Community Redevelopment Agency Commissioner Frank Halas RE: Agendas, Minutes, and Signed Approval eRA Advisorv Board & State Enterorise Zone Allencv Board Fred N. Thomas, Jr. Chairman Attached are the Agendas, Minutes, and Signed Approval from October 15, 2008 and November 6, 2008 for your conveyance. Ana Salazar Bernardo Barnhart Eva Deyo Floyd Crews Kitchell Snow Ira Malamut Julio Estremera Richard (Dick) Rice Richard (Rick) Heers Capt. Tom Davis Robert I-Ialman (Ex Officio) Thank you. (l (=~')~~_(:~~ Master Plan & Visiooine: Committee Fred N. Thomas Jr Chairman Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews Richard (Rick) Heers Richard (Dick) Rice eRA Staff Penny Phillippi Executive Director Bradley Muckel Project Manager Christie Betancourt Administrative Assistant ImmoiQlee Community Reqevelopment Agency 310 AI'lchu'l Street, ImmoiQlee, FL 34142 239,252.2313'" 239.252,6725 (FAX) CRA Governinl! Board Commissioner Donna Fiala Chair !M~~LlElE CI.4lI Community Redevelopment Agency iThe Plqce to cqll Home' lRJ 1 hiD Halas Henning -r 11/ Coyle v Coletta ~. DRAFT IMMOKALEE MASTER PLAN WORKSHOP AGENDA Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W, Coyle Commissioner Frank Halas CRA Advisorv Board & State Enterorise Zone Aeencv Board (EZDA) Fred N. Thomas, Jr Chairman Denise Handapangoda PhD, Bernardo Barnhart Capt. Tom Davis Robert lIalman Ex-otlicio Julio Estremera Kitchell Snow Ira Malamut I'loyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo \-Iaster Plan & \/isioninl! Committee rred N. Thomas Jr. Chairman E.dward (Ski) Olesky Clarence Tears, Jr. Pastor Jean Paul Carrie Williams Floyd Crews Rick Heers Dick Rice eRA Staff Penny Phillippi Executive Director 2392522310 Brad l\luckel Project Manager 239,252,5549 Christie Betancourt Administrative Assistant 239.252,2313 Special Meeting of: Immokalee Master Plan and Visioning Committee And Community Redevelopment Agency Advisory Committee November 6, 2008 ~ 10:00 AM Immokalee Community Park 321 North I sl Street lmmokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of Quorum. c. Introductions. D. AdOPtion of Agenda. E. Communications. Fayade Grant Program Recipient Agreement Form Fayade Grant Program Lessee Authorization Form Fayade Grant Program Applicant Commitment of Resources Form CRA Registered Agent Email F. Consent Agenda. Commercial Fayade Grant Forms. (Enclosures I & 2) G. Updated Draft Immokalee Master Plan, RW A Consulting, Inc. R W A Memorandum outlining Draft lAMP comments. (Enclosure 3 & 4) Citizen Input. H. I. Next Meeting. November 19,2008 at 8:30 A.M. J. Adjournment. Mise Corres: iJate eRA Governin2 Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Frank Halas CR~ Advisory Board " State Enterorise Zone A2encv Board Fred N. Thomas. Jr Chainnan Denise Handapangoda PhO, Bernardo Barnhart Capt. Tom Davis Robert Halman Ex~officio Julio Estremcra Kitchell Snow Ira Malamut Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo Master Plan & Visionin2 Committee Fred N. Thomas, Jr Chainnan Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews RiekHccrs Dick Rice eRA. Staff Penny Phillippi Executive Director 2392522310 Bradley Muckel Project Manager 239252.5549 Christie Betancourt Administrative Assistant 239252.2313 ,"--' D 1~~~~Ij[.1j[ C~ Community Redevelopment Agency iThe PI~ce to c~11 Hamel 16\ .-;,_.-"n -"--:'';:-1">\/-, Fiala Halas Henning Coyle Coletta ~ JOINT MEETING AGENDA lmmokalee Master Plan and Visioning Committee And Community Redevelopment Agency Advisory Committee November 19,2008- 8:30 A.M. Career and Service Center of Collier County-lmmokalee 750 South 5'" Street, Immokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of a Quorum. e. Introductions. D. Adoption of Agenda. E. Approval of Minutes. Regular Meeting October IS, 2008 (Enclosure I) Special Meeting Minutes November 6, 2008 (Enclosure 2) F. Communications. November Public Notice (Enclosure 3) G. Consent Agenda H. Old Business. I. Update on Immokalee Area Master Plan Review Process/LDC Update Process. a. R W A Month Iy Report (Enclosure 4) b. R W A Invoice (Enclosure 5) C. Status of Interim LDC Amendments d. Distribution of Final Draft Master Plan 2. Red Flag System - Open for Discussion I. New Business. I. TODS Citizen Committee. - No Report Time Limit 10 minutes 2. Presentations a. Edible lmmokalee - Thomas Hecker b. Activities in Immokalee - Rev. Jean Paul 3. Seats on the IMPVe. a. Two vacancies J. Citizen Comments. K. Next Meeting Date. Regular Meeting December 17, 2008 at 8:30 AM L. Adiournment Mise Carres: Datefl:-/ [0 [ ~ rem # (01Ll) 4-11 IM~Jdi[g (!LA Community Redevelopment Agency iThe P['1ce to c'1[1 Homel 161' 1 klV~ Enclosure 1 JOINT MEETING MINUTES Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee October 15, 2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:48 A.M. B. Roll Call and Announcement of a Quorum. Advisory BoardlEZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., and Ira Malamut. Advisory Board/EZDA Members Absent/Excused: Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and one vacancy. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee IMPVC Members Present: Fred N. Thomas, Jr., Clarence Tears, Edward (Ski) Olesky, Carrie Williams and Richard Rice, Floyd Crews, and Rev. Jean Paul. IMPVC Members Absent/Excused: Richard Heers, Pam Brown and one vacancy. Action: A quorum was announced as being present. Others Present: Ralph Bosa, Kirsten Wilkie, Judy Hushon, Valerie Pike, Brooke Gabrielson, Susi Winchell, Birgit Paulhaack, Cormac Giglin, Paula McMichael, Patrick Vanasse, and David Hanson. Stall: Penny Phillippi, Brad Muckel and Christie Betancourt. C. Introductions. Each person introduced themselves. D. AdOPtion of Agenda. Action: The Agenda was adopted with one addition. The Habitat Conservation Plan item (2b,) was added unanimously upon a motion by Mr. Rice that was seconded by Mr. Malamut. E. Approval of Minutes. September 17, 2008 and September 25,2008. Action: The Minutes jiJr Septemher 17, 2008 and September 25, 2008 were approved unanimously with one change upon a motion by Mr. Rice and a second hy Mrs. Deyo. D. Communications. E, Old Business. I. Update on Immokalee Area Master Plan Review Process/LDC Update Process, a. Patrick Vanasse of R W A, Inc. provided a brief update on R W A activities during the past month. b. Status of Interim LDC Amendments. Patrick Vanasee, R W A, Inc. discussed the LDC Amendment process and requested that the CRA Advisory Board approve LDC Amendment proposed process and to send proposal to the Board of County Commissioners, c. Distribution and Discussion of Final Draft Master Plan. The Chairman, Fred N. Thomas, Jr., directed staff to provide the excused/absent members hard copies of the LDC Amendment, proposed 161 1 f\'11 process updated Draft Immokalee Master Plan, and the proposed Future Land Use Map. Mr. Vanasse discussed the workshop held on September 25, 2008 and provided an update on the incorporation of all comments received to date. Mr. Thomas voiced his desire that the documents move forward as fast as possible. Therefore, he requested that Committee members review all the documentation and provide their comment to staff by October 24th He asked statTto post the Final Draft on the Web Page by October 28th. Action: Mr. Rice made a motion the Board adopt the documents with a deadline of October 24'hfor comments and that the final Master Plan be posted on the eRA Web Site no late that October 28'h Mr. Malamut seconded the motion and the motion was passed by unanimous vote. After a brief discussion: Action: A motion was made by Dr. Handapangoda to call the lmmokalee Bypass the lmmokalee "Loop". Mrs. Deyo seconded the motion and the motion was passed by unanimous vote. 2. Red Flag Svstem-Open for Discussion. a. Immokalee Shell. - Brad Muckel provided an update, recommending Mr. Jack Milholland, Vice President/ General Manager of Merit Petroleum to apply for a variance per Collier County Zoning Departmental stair recommendation. Chairman Thomas signed a letter of support which will accompany Mr. Milholland's variance application. b. Habitat Conservation Advisory Committee. - Judy Hushon provided an update from the October 14th BCC Board meeting. She reported, per BCC instruction that the HPC will be cut from 13 members to 9 and the HCP is instructed to concentrate their etTorts on the red-cockaded woodpecker. Chairman Thomas directed staff to revisit an HCP once the Immokalee Master Plan has been completed. H. New Business. 1. Sunshine Law Notices. a. Mrs. Deyo informed staff of a wrong address posted for the Immokalee Chamber of Commerce. The correct address is 1300 North 15th Street. 2. TODS Citizens Committee Meeting Minutes. - No Report 3. Brown's landing. David Hanson of Sanctuary Development provided an aerial map and discussed the property located on Indian Camp Road, off of North 15th Street. David Hanson requested Committee member consider changing the Future Land Use Map from Low-Med requesting Mixed Use and High Density/Residential. The proposal was discussed by the Committee members. The Chairman asked Mr. Hansen to provide his request in writing to CRA staff. 2 161 1 frl\ 4. Seats on the IMPVC Three items: a. Staff reported that Pam Brown was appointed a member of the Immokalee Master Plan and Visioning Committee on October 14, 2008 BCC Board meeting. b. Mr. Thomas announced that the IMPVC still has one vacancy that needs to be filled. 1. Citizen Comments. J. Next Meeting Date. November 19, 2008 at 8:30 A.M. K. Adjournment. This meeting was adjourned at 9:50 A.M. 3 161 l-k\\ 1~~I.,UClA Community Re~evelopment Agency iThe P!qce to Cqll Hamel Enclosure 2 MINUTES Special Meeting of the Immokalee Master Plan and Visioning Committee & Community Redevelopment Agency Advisory Committee November 6, 2008 -10:00 A.M. A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:15 P M. B. Roll Call and Announcement of a Quorum. CRA Advisory Board Members Present. Fred N. Thomas, Jr., Richard Rice, Rick Heers, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., Floyd Crews, Ira Malamut, and Captain Tom Davis. Advisory Board Members Absent/Excused: Robert Halman, Bernardo Barnhart and Julio Estremera. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present. Fred N. Thomas, Jr., Rick Heers, Edward (Ski) Olesky, Richard Rice, Floyd Crews, Clarence Tears Jr.,and Rev. Jean Paul. IMPVC Members AbsentlExcused: Carrie Williams and two vacancies. Action: A quorum was announced as being present. Members of the public present: Patrick Vanasse, Brooke Gabrielson, Tanya Saldivar, Cherryle Thomas, Ray Addison, Essie Serrata, Susi Winchell, Robert Davenport, Sheryl Soukup, Jerry Blocker, Dean Blocker, Judy Miller, and David Hanson. CRA Staff: Penny Phillippi, Christie Betancourt and Bradley Muckel. C. Introductions. Everyone introduced themselves. D. Adoption of Agenda. Action: The Agenda was adopted unanimously upon a motion by Mr. Rice that was seconded by Mr, Malamut. E. Communications. Facade Grant Program Forms CRA Registered Agent Email F. Consent Agenda. Facade Grant Program Forms CRA Registered Agent Email Action: Mr. Heers made a motion to approve the new Fa,ade Grant Forms. Mr Rice seconded the motion. The motion passed by unanimous vote. 161 1 ,4-11 Action: Mrs. Handapangoda made a motion to designate Dave Jackson as the registered agent for the Collier County Community Redevelopment Agency. Mr. Rice seconded the motion. The motion passed 6 to I. G. Updated Draft Immokalee Area Master Plan (lAMP), R W A Consulting. Inc. Patrick Vanasse, Planner from R W A, Inc., distributed and reviewed an updated version of the RW A Memorandum which addressed comments received by the Committees and the public on the Draft lAMP. Single Immokalee Overlay Mr. Vanasse clarified the difference between future land use and zoning and how each relates to the concept of an "overlay" for Immokalee. He further explained that the future land use of an area is established by the Future Land Use Map (FLUM) which is adopted as part of the local government Comprehensive Plan and "zoning" refers to regulations contained in the Land Development Code (LDC). It is those regulations implement the intent of FLUM designations and Comprehensive Plan policies. Patrick added that a Comprehensive Plan Amendments can take up to two years in Collier County; therefore broad categories should be created to expedite that process. Three public requests for changes to the proposed future land use designations included: I) Sanctuary Development, LLC, requested a change on the property located in the southwest quadrant of W. Main Street and North 15th Street. The property currently has a Future Land Use Designation of High Residential (8units/acre) and is shown on the proposed FLUM as Medium Residential (8units/acre). The developer requested the Future Land Use be changed to Commercial Mixed Use (C-MU) in order to accommodate a proposed development that would include residential, faith/community-based administration and meeting facilities, and commercial space. 2) The second request affects a triangular-shaped property, bounded by Jefferson Avenue East, Alachua Street, and Charlotte Street, at the south end of New Market Street. This area is currently designated Commercial Center Industrial (CC-I), and the proposed FLUM shows the area as Industrial Mixed-Use (I-MU). The property owner requests that the property be designated Commercial Mixed Use (C-MU). 3) The final request covers the approximately 25 acres within the Tradeport DRI, and would change the FLU from Medium Residential (MR) to Commercial Mixed Use (CMU). The property owner is requesting the change to better accommodate future commercial development within the Tradeport DR!. Action: AIr. Heers made a motion to approve the three requests listed above, Mr, Crews seconded the motion. The motion passed by unanimous vote, 2. Mobile Homes. Mr. Vanasse stated that comments received by R W A, Inc. have historically indicated that substandard mobile homes were a significant issue in Immokalee; however, that mobile homes as temporary residences should continue to be allowed. Mr. Rice asked for clarification on how many units does it take to designate a mobile home park. The Chairman created a Sub-Committee to address the issue of placement on mobile homes in 2 161 11\:11 the future. The Sub-Committee is to be chaired by Floyd Crews, members will include Clarence Tears, Jr., Carrie Williams, Fred N. Thomas, Jr. and Ana Salazar. Staff was instructed to arrange for large maps and a meeting date. 3. Flexible Subdistrict Boundaries for Large Proiects. A new policy addressing flexible subdistricts boundaries is proposed in order to better accommodate commercial and residential development within the Tradeport DRI. While this project is currently on hold, the property owner anticipated moving forward with the project in the future. Lake Trafford and the Recreational/Tourist Subdistrict. Discussion about allowed activities, densities and zoning. Action: Mr. Crews made a motion, referencing Recreational/Tourist Subdistrict (RT), to instruct RWA, Inc. to bring back language about the zoning process in order to increase density from 5 units per acre to 10 units per acre and transient lodging from 10 units per acre to 26 units per acre and to review boundaries of that Subdistrict. H. Citizen Input. 1. Next Meeting. November 19,2008 at 8:30 A.M. J. Adiournment The meeting was adjourned at II :52 A.M. 3 161 1 kId-- ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA October 2, 2008 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Merger letter to Dan Summers NEW BUSINESS Request for Board Member to sit on Interview board 'Q+k: IJ(lli!V<b Hem"ff- I ~ :r:-C, ) fr I ;L " ",miSSione\"~, I.:~('d nt count'l ".0 Fiala Halas Henning ~~-~/~ ') 161 1 ;4-1)-- RECE\\IEO NO'J '8 '2008 ISLES OF CAPRI FIREIRESCUE ADVISORY BOARD MEETING MINUTES OCT. 2, 2008 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Bill Rafeldt, Advisory Board Member Ted Decker, Advisory Board Member Barbara Shea, Minutes Preparer I. CALL TO ORDER Kirk Colvin opened the meeting at 6:35 p.m. II. OLD BUSINESS A. Chiefs Report B. Sept. 2008 Advisory Board Meeting Minutes I. Copy of Minutes distributed. 2. Minutes approved by all Advisory Board Members. 3. Kirk Colvin approved and signed Sept 2008 Minutes. C. Comments requested on 09/02/08 Summers/Ochs letter regarding consolidation. I. More information on consolidation is needed. 2. Not yet enough information to favor consolidation. 3. Not yet enough information to not favor consolidation. 4. In favor of hiring an outside consultant for a consolidation study. 5. In favor of using EMS grant funds for the portion to be paid by ICFD. 6. Letter to be drafted to include the above statements. D. Update on shoreline stabilization grant. I. BCC has approved the low bidder, Collier Seawall & Dock. 2. Robert Fuentes will be the Project Manager. 3. The project will commence shortly. Copies to 161 1 k-IJ- III. NEW BUSINESS A. Mutual aid to Marco Island. I. County Manager is requesting call volume to M.L for the last 5 years. 2. Marco Island is considering levying fees for services to Collier County. 3. Over 50% oflCFD fire calls are to Marco Island. 4. Studying whether to assess fees on M.L for our mutual aid. 5. E. Naples Chief Dyer is concerned about his dept's M.L aid level. B. Possible Isles of Capri loss of ambulance. I. Locally reported on television news. 2. Yesterday Chief Rodriguez met with Chief Page of EMS. a. Chief Page has not been directed to remove our ambulance. b. Amount of "turnback" County funds may determine this outcome. 3. EMS ambulance schedule shows full ICFD service this month. C. Setting up an October interview board. I. Open firefighter position to be advertised until Oct. 10. 2. Interview board will interview the top 10 candidates. 3. 24 applicants received to date. 4. Interview Board will include Ted Decker of the lCFD Advisory Board. D. The next ICFD Advisory Board meeting will be Nov. 6. IV. ADJOURNMENT The meeting was adjourned at 7:35 p.m. 1I/13(Oe:> Date: 1611 1 tr/;L CHIEF'S REPORT October 2, 2008 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of3 to 4 minutes. From 8:00 am. to 8:00 a,m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. TItis means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) If6!Ol'iltfict ilibimot;;DiStiictlil\f6ritfilihTotiilIIiYTD:-] 0 1 I 1 I 4 0 0 0 0 0 0 0 12 2 32 I 34 I 360 0 0 0 0 3 0 I 3 I 81 0 0 0 16 0 0 0 1 0 0 I 0 I 9 0 0 0 2 0 0 I 0 I 0 2 0 2 21 0 0 0 0 0 0 0 1 0 0 0 0 , ' 0 0 I 0 I 12 0 0 0 15 0 0 0 0 Ambulance Calls Vehicle Accidents Medical Assists Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist Public Assists Move-u Tech Rescue I Total Iliii1i::.,i:.i..,...il...iIi..ii33' "W ".,.",..".,.lii,.,.iMl. Iiilli. "'Ii.:'.Il!~4I ..,..,..,.,..:Il Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 161 1 frl;}-- COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34112 . (239) 774-8383 . FAX (239) 774-4010 September 2, 2008 Collier County Fire Commissioners Dependent Fire District Advisory Boards Municipal Fire Chiefs Independent District Fire Chiefs Ladies and Gentlemen: We are pleased to hear of recent general support for the engagement of a consulting fmn to address the many facets of what could be termed a complex corporate merger between the various independent fIre districts in Collier County and our Emergency Medical Services. We have reviewed your most recent consolidation draft paper, and while we applaud the work to assemble such a study effort, one major item of concern must be addressed and a written clarifIcation is respectfully requested. In several areas of the report you address homeland security and emergency management activities, leaving the impression that these efforts are to be folded into the merger study under a consolidated fire organization. Emergency Management's program activity is well defIned with general statutes, and properly served under the County Manager and the Board of County Commissioners. Inherent to the emergency management industry is the issue of Homeland Security programming and response to all hazards-based scenarios. We recognize that many particular special projects, grants, and training opportunities and special teams arise from the State Emergency Management Office, Florida Department of Law Enforcement, OffIce of Domestic Preparedness, the Federal Emergency Management Agency, etc. We will fully support those specialized training opportunities to the respective fIre and EMS communities as long as they remain within reasonable scope to the local Emergency Management programming. Such programming includes, but is not limited to, the integrated approach to disaster preparedness, response, mitigation, recovery, disaster prevention and consequence management. These will continue to be operated via the existing programming and lines of authority well established by general statute and existing ordinances, the Board's approval of the Comprehensive Emergency Management Plan (CEMP), and associated documents where appropriate. We appreciate your clarifying this discussion in your document prior to subsequent public presentations and would appreciate the opportunity to view your fInal report as it pertains to this discussion prior to future presentations. With respect to the overall fIre merger efforts, in good faith and for discussion in draft form, we offered a conceptual scope of work for an external consulting effort. Undoubtedly this will be a demanding effort to engage this type of comprehensive operational and fInancial review for the various stakeholders and public alike. We have re-confIrmed our ability to receive approximately $100,000 in grant funds via Emergency Medical Services to support this effort. It is our understanding that in previous discussions the various study subcommittees may have rejected this grant funding support. We want to again offer these resources for this effort and gain your written comments and funding'suggestions, should your committees desire not to use these identifIed grant funds, terminate the efforts, or have alternative fInancial resources under consideration. 161 1 fd d-- We have a good track record with hard work and research that went into the development of the EMS Master Plan as requested in the Armual Inventory Update Report and many issues presented by the Fire Service Steering Committee and the Productivity Committee. Weare of the opinion that a similar intensive study effort for the fire organizations, much like what was done with the EMS Master Plan effort, would be a wise course of direction and in harmony with the general direction given by the Board of County Commissioners. It is our request that in order to make this fire and/or fire and EMS consolidation a success, that a formal process for the engagement of a consultant should be utilized. We all agree that this will be a significant study and research effort. The millions of dollars of assets, labor costs, medical benefits, debt service, staff and elected official salaries, retirement plans, revenues from various sources, fire code and prevention enforcement revenue and operations, legislative changes and other inherent liabilities will require the utmost study for a successful consolidation. Weare of the opinion that the party engaged for this type of work must have a proven track record and the ability to review, audit and assimilate and benchmark not only operational issues, but forecast accurate short and long-term detailed financial statements and in detail address master planning response, capital equipment, and station acquisition concerns. This effort should also include study of the various specialized teams within both fire and emergency medical services and be very familiar with laws and regulations within the State of Florida. Noted below are just a few key issues and process suggestions that we feel warrant consideration in the consultant acquisition process. I. The development of an interlocal agreement could be drafted and signed by the respective elected fire commissions and boards to direct and authorize the respective Chief s and staff to participate both programmatically and openly in this consultant's engagement. The interIocal agreement could outline an established protocol for research and information as well as address chain-of-command and project leadership for each respective organization. Efforts should be noted in the interlocal agreement to ensure in writing that all dependent, independent, and municipal organizations are offered the opportunity to participate or decline in such efforts. 2. Establishment of a fund by ordinance or resolution under the Board of County Commissioners with provisions to utilize the previously mentioned grant and/or other acquired funds for the merger study process and to disperse funds in accordance with the consulting project needs. 3. Engage the support of the County Purchasing Director along with other fire and EMS agency procurement specialists, and the Director of Emergency Services, who can provide programmatic or teclmical assistance with the consultant engagement process. While not an inclusive list, the following items may be helpful to address the overall concerns and/or potential project milestones in the consultant acquisition efforts. a. Solicitation for a request for proposal and presentation b. Development of request for qualifications c. Bid evaluation panels d. Review of past local or regional efforts of similar scopes of work e. Establish monthly and/or yearly timelines f. Contract development and administration g. Identification of "optional" services and associated costs to manage transition efforts h. Bidding and negotiation 161 1 ftl.?-- 1. Bid award J. Contract draw for payment in accordance with grant or funding resources or constraints k. Progress reports 1. Vendor conflict resolution m. Description of deliverables such as written reports, teclmical studies, management of public outreach activities, web-based information resources, and on-site consultant "field offices", etc. n. Project completion for final payment We feel that an effort this challenging will require a firm with a wide range of resources, experience, and proven success, especially in areas of public safety budgetary planning and analysis. We submit the following as a partial list of consulting firms for consideration, in no particular order, and we would welcome other firms with demonstrated capability and full-time expertise to be added for future consideration: . Emergency Services Consulting Group - ESCG . Maxmus - Governmental Consulting · Citygate Associates . Municipal Resources . Volunteer Fire Insurance Services - Consulting Division . McGrath Consulting . Dewberry and Davis Consulting In closing, we are of the opinion that the dependent, municipal, and independent fire districts in Collier County are professional and have served the community well in their particular districts under previous economic conditions. The Board of County Commissioners has indicated a willingness to move forward jointly, and we would like to receive written comments from the respective Fire Commissioners, local elected municipal officials, managers or mayors, and/or advisory Boards on the above-described kickoff and acquisition strategy. ~~. ~ Dan E. Summers Director Bureau of Emergency Services cc: Tom Henning, Chairman Collier County Board of County Commissioners Collier County Board of County Commissioners Jim Mudd, County Manager Bill Moss, Naples City Manager Steve Thompson, Marco Island City Manager EMSAC Advisory Board _"c\\IED ~~ljl.. , .r,' \'~ Il.'lt'& li\J .. ':;;\U\\e(~ "",'I1\IS _ :), \",0\\1'\>1 ';.o,O:1,H~ Fiala 16 I Halas Henning Coyle ~ / Coletta .>.d ,--,,' THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD ON OCTOBER 13, 2008 1 *13 / In attendance were the following: Alan McLaughlin, Fire Chief Mitchell Roberts, Chairman Copeland Darcy Kidder, Everglades City, Advisory Board Member John Pcnnell, Plantation Island, Advisory Board Member The meeting came to order at 6:02PM. APPROVAL OF MINUTES FOR MAY 12, 2008: John Pennell made a motion was made to approve the minutes they were seconded by Mitchell Robetis and approved. RECOMMENDATION TO APPOINT JAMES W. SIMMONS TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD: Mitchell Roberts asked the Chief McLaughlin to fill them in on the subject. Chief McLaughlin he mentioned that Joseph Dillon had resigned and that this gentleman was from POli of the Islands. Mitchell Robelis asked if the Chief had received a fOlmal resignation from Joseph Dillon. Chief McLaughlin said yes and that he has received this application from Mr. Simmons but he has never met him. He will represent Port of the Islands. Mitchell Roberts said we want the Port represented and we have an applicant that is interested in doing so. Chief McLaughlin said it has been posted for two months. All the Advisory Board Members looked over the application for Mr. Simmons. Mitchell Roberts made a motion to recommend James Simmons to be appointed to The Ochopee Fire Control District Advisory Board and it was seconded by Darcy Kidder and passed. Page I ::~:liol~_ Item # \ 0 r:Cj)A 12> ':oples to, 161 1 Itg Chairman Mitchell Roberts signed the recommendation letter that will be sent to Sue Filson at the Board of County Commissioners. RECOMMENDATION TO SIGN MEMO ENDORSING CONCESSIONAIRE TO TAKE OVER 1-75 AS PER ATTACHED COLLIER COUNTY CITIZEN CORPS LETTER: Mitchell Roberts and the other board members read the attached letter dated 9-25-08 fi'om the Collier County Citizens Corps Advisory Committee sent to Ms. Stephanie C. Lopelousos, Chairman of the Board of County Commissioners Tom Henning and copies sent to the other Board of County Commissioners, County Manager Jim Mudd, Deputy County Manager Leo Ochs, Transportation Administrator Norman Feder and Transportation/Planning Director Nick Casalanguida. This letter was in reference to Funding Support for Emergency Service Delivery Along Alligator Alley, A lettcr had bcen composed for the Ochopee Fire Control District Advisory Board to review and if approved for the Chairman to sign regarding this same issue, Page 2 161 1 ,4)3 The Chairman read aloud the letter which is attached and is as follows: OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD October 13, 2008 Ms. Stephanie C. Kopelousos Secretary of Transportation 605 Suwannee Street Tallahassee, Fl. 32399-0450 Mr. Tom Hcnning Chairman, Board of County Commissioners 3301 East Tamiami Trail Naples, Fl. 34112 RE: Funding of Fire and EMS Services on 1-75 Dear Secretary Kopelousos and Chaitman Henning, The Ochopee Fit'e Control District Advisory Board recommends that either the State of Florida or the selected Concessionaire fund the Fire and EMS services on 1-75 to relieve the tax payers of our District. The Ochopee Fire Control District has covered the 1-75 cOl1'idor, since its inception and Alligator Alley as of 1977, with out compensation. As budget constraints set in it is burdening and becoming a strain to cover I, I 00 square miles adequately. According to our records our District responds 30 to 40 percent ofthe time to 1-75 taking crucial services away fi'om the taxpayers for long pcriods of time, It is clear that a Firc and EMS facility should be constructed on 1-75 and funded by the State or the Concessionaire this action would increase services and provide greater protection oflife and propelty to the Ochopee Fire Control District. Thank you for your consideration regarding this matter. Sincerely, Mitchell Roberts, Chauman Ochopee Fire Control District AdvisOlY Board cc: Collier Couuty Board of Commissioners Jim Mudd, County Manager Leo Ochs, Deputy County Manager Norman Fcder, TranspOliation Administrator Nick Casal an guida, TransportationIPlanning Director Page 3 1611 l' 1(13 After the reading Mitchell Roberts said this is a non-patti san recommendation that either the State and ifthey do decide to lease the alley that either one of these we me notifying them that we want them to start paying for it. Chief McLaughlin said the letter of 9-24-08 only addresses if the concessionaire is selected our letter went on to include the state so some body has to pick up the burden. Darcy Kidder said if one doesn't pick it up the other one should. Darcy Kidder made a motion recommending that the Chairman Mitchell Robelts sign the letter which is attached regarding the funding of an Ochopee Fire Control District Fire Station on 1-75 by a Concessionaire or the State it was seconded by John Pennell and was passed. OLD BUSINESS: I. RECEIVED BRUSH TRUCK Mitchcll Robelts said he was looking it over eat'lier. Chief McLaughlin said that it has been turned into an Attack Truck making it a light Rescue Brush Truck it is being used for a dual purpose. The vehicle has already responded to calls on the Alley and it is saving us a tremendous amount of money. The vehiclc has already responded to three working car fIres and several vehicle accidents. The first day it was put in service they responded to a Vehicle Fire, Brush Fire and Vehicle Rollover. This vehicle has done everything he had hoped it would and it will reduce filel costs. The difference being 12 miles to the gallon versus 4 miles to the gallon. The only problem so far is that with tins style of chassis liOl11 Cluysler it is governed to 70 MPH and it is built into the computer head. The manufacturer is looking into an after market computer at no cost to the Department so that the vehicle can respond up to 80 MPH. Mitchell Roberts asked if it would encroach llpon your safety factor with the speed. Chief McLaughlin said it really doesn't affect any ofthem. The guys are diving at 70 MPH and it is solid as a rock. Actually we are under our GI3W. The GBW is 19,000 and we have 12,000 or 13,500 on it so we are way under our vehicle load. Page 4 161 1 AI3 2. PORT OF THE ISLANDS Chief McLaughlin stated it is coming along there are several things happening. He recommended that the board members if at all possible should view the Collier County Board Meeting tomolTOW there are some important things on the agenda regarding our Department. The cm property is still in limbo it was supposed to be done in June but the papers for the RV Park still have not been signed. The Department is moving forward with the hotel with a resolution. He ran into a snag with the land development code it was brought up before the Board two or three meetings ago. Commissioner Colletta brought up bringing a resolution exempting Ochopee Fire Control District from the LDC giving you a conditional use permit so you can work there. So we did that and it is on the agenda for the 28th. Basically this allows us to go in outside the Land Development Code and operate under health and welfare public. Then we will go after our conditional use pelmit which could take six months so while that is happening we will still be operating. He went on to explain that some things came up with Sun Stream Home Owners at POli of the Islands in reference to scveral issues which have since bccn resolved. Thcy were worried about water use and the lights and sirens at night. He assured them that they would only use about 7 gallons of water a day for washing the truck and the Department has a good neighbor policy they won't go into a residential neighborhood with lights and sirens ifit isn't necessary. They also had concerns that there would be an officc but hc clarificd this issue by infotming them there would only be living qllatiers. Darcy Kidder asked what the iss~le was with the office. Chief McLallghlin wasn't surc as to what the problem was with the office. He went on to mention that last Thursday it came up that the County is looking at the POli of the Islands Marina and that there are four 01' five different aspects regarding this acquisition. He explained that there is a 1.46 acre piece of land across the street that could be part of the buyout but that the County Manager Mr. Mudd came up with the idea to let that property go and use pati of the marina building for the Fire Station. The County is buying the marina building and we would sub purchase part of it. It has everything we need. It has a new roof it is a wind ratcd concrete building, and boat slip. The building would be remodeled to suit the Department. It will cost approximately $550,000 to build another building complete with all the fees and the propeliy. At this timc he does not know what our pali of the building will cost. He estimates it will cost $80,000 to renovate the building. If this happens he feels it would be a huge financial boom for our District. Wc could put a Fire Station in three months we would be done and in a solid building. Mitchell Robelis asked what sections we would be getting. Pagc 5 161 1 1\/3 Chief McLaughlin explained the areas the Department would occupy and what modifications he would make. Mitchell Roberts asked about the electric would that be our expense or the County's. Chief McLaughlin said we are purchasing the space so the electric would be oW" expense. Mitchell Roberts felt the building was in a good location. Chief McLaughlin feels it would be a good move for the District. Mitchell Roberts said they would still have the 1.5 acres across the street for parking. Chief McLaughlin said they might drop that out of the price. He is not sW"e whether this project will develop into something or not. The executive summary is asking the board as to what direction to take regarding this property. He stated that he can use the $200,000 in impact fees towards this project and also that the b,jdget has $981,000 in reserves. He estimates a $400,000 to $500,000 savings. 3. DOF GRANT Per Chief McLaughlin this grant was approved and all the purchases and reimbursements have been completed. NEW BUSINESS: 1. ASSISTANT CHIEF'S POSITION Chief McLaughlin - He is still working on getting an Assistant Chief it has gone out four times. One person has come out on top three times but there has been resistance by the Human Resources Depmiment to select him. Dan Summcrs has had several convcrsations with HR to try and get this resolved so we are moving forward. He is meeting with Dan Summers tomOll"OW so we can start our final process. So hopefully by November we will have an Assistant Chief position filled. He is second in command for fi'om me. He will be in charge of operations of special projects. He'll do a lot ofthe running around that I can't do. He feels this has hindercd this District for 7 months and therc is no catching up. He wants thc person on before we do our expansion because he has to be part of it. Also he is going to promote intemally one of the Lieutenants to Captain therc is no increase of pay it is just an adjustment. He will be a Station Captain he will be responsible for certain duties at the Station in regard to daily operations and truck maintenance this is in front of thc othcr stations opening. It has been his experience if the people are in place whcn the expansion starts it makes it a smoother trmlsition. Page 6 161 1 A--f3 Mitchell Roberts asked the Chief to keep them in formed as to the progress. Chief McLaugWin said Mr. Summers has been very supported of everything we've done here he's been a real help. 2. LT. ROBERT MA YBERR Y RETIRING Chief McLaugWin - Lt. Mayberry is retiring the 27th of this month after 31 years of servicc. Thc Department is going to give him a plaque for his years of service. There will also be a retirement palty for him at the Seafood Depot. 3. DOl GRANT Chief McLaughlin - This is not a Grant it is a Federal Assistance Package it is good for five years with a cap of up to $100,000 it is good till 2013. We do not have to reapply for it we have to do every year is send them a list of what we want and what it costs and they send us the money. Because we are tide in with the National Park, Big Cypress, the State and we have inter-local agreements with them on a mutual aid basis. Most of the purchases are based on brush fire and radio equipment. It does not apply to vehicles and there are limitations but it does relieve our budget of some of the smaller items I think this year it is $11,000. For thc ncxt five ycars it will be a nice little addition. Mitchell Roberts asked if it would be $20,000 per year. Chief McLaugWin said it is a $100,000 cap we just apply and they tell us what qualifies and what does not. 4. FEMA GRANT Per Chief McLaughlin he received a rejection letter regarding the Tanker. He really hoped it would have gone we need a new tanker. He still does not know why we were rejected but he is going to pursue this information. 5. GYM EQUIPMENT AND FLOORING Chief McLaughlin said the flooring is in and being used. There is a mandatory physical fitness program and he showed the Advisory Board the outline for the program. There is still two pieces of equipment that has not arrived yet a treadmill and a stair steppcr. It is a cardio and weight training program that is identified in the NFPA 1563 how it should be mandated and implemented according to the national standard. Page 7 161 1 *13 6. FISCAL YEAR TO DO LIST FOR 08/09 Chief McLaughlin - He feels we did pretty wcll with our Reserves this year he is pretty happy about that. He called the Advisory Board's attention to the to do list on the board in the meeting room. He said it was created by a brainstomung session with the Lieutenants. Then he began to go over the list: Pumper 60 - Blitz Fire Foam Outlet and Step Box Engine 60 - Hard Covers He is replacing all the locks in the Stations with key punch pad locks no more keys. He is replacing all the air ducts at Station 66 due to rat infestation and mold it will be our fall back station in the event of a natural disaster so wc are building it up as such. The water system at Station 66 has already been up graded. All ncw insulation will also be installed at Station 66. The Ochopee Fire Station will also be tented for termites and rat traps will be placed on the outside ofthe building in an effort to curtail rat infestation. A portable 15KW generator was also purchased for the Ochopee Fire Station. Chief McLaughlin wants to install lights in the parking lot at Station 66 so that it will be lit up but won't cause a bug problem on the building. Rescue Boat 60 - Purchasing Flotation Regulation Jackets for Personnel and a dock box for fire equipment storage. Also a nozzle, foam tube and mbber hose have been purchased for Boat 60. Chief McLaughlin is upgrading the foam outlets on the engines. A use policy for the new Attack 60 has been done. Anntlal unifotm inspection is in the process for reassignment. The Air Conditioner for the Gym has been installed. The Chief will be purchased a shop vacuum for the gym room and Admin Office. Our reporting system has been moved to a main server so they are all on line so if something happens to the computer we won't loose our whole reporting system which is $5,000. EMS has a spare server so the Depal1ment is using it and EMS will be monitoring this system. This system is almost up and running. Page 8 -------. 161 1 ;4/3 Chief McLaugWin wants to purchase a projector so that the Depmiment can record CERT and other Programs. Air Cards have been obtained for lap tops to comply with the County's request for consistent e-mail and on line access. The Chief is putting off the purchase of Tuff Books due to the CAD System is being revamped. The shower door in the Admin Oftiee has been installed. Chief McLaughlin intends to purchase head sets for the vehicles. ChiefMcLaugWin said that Dan Summers wants the Depatiment to have Struetural Firefighter Training for Personnel. He said one of the first things the Assistant Chief is going to do is price a burn trailer for this purpose. One of the candidates for the position is very familiar with this type of training he used to work for the City of Naples and they have this type of equipment. It will be mobile so that it can be taken from site to site. I-Ie estimates the cost between $50,000 and $60,000 hut it should last 10 years. The Chief has requcsted a consultant firm for a fivc ycar plan the Depattment is piggy backing on EMS's. We are not going to get the whole package. Mitchell Rohelts asked if they got into our management. Chief McLaughlin said they check everything, future projection, man power, facilities maintenance, and, vehicle management they look at everything. He doesn't think it is going to be much different than what we are projecting or the Depattment. There will be a new rescue vehicle for 1-75 but that is more of a planning project more than anything else. The Depaltment is probably going to purchase tlu'ee AED's because the current units are 8 to 10 years old. Mitchell Robetts asked how often you have to re-test, evaluate or calibratc these units. Chief McLaughlin said the new units are unique they self-certify the old ones have to be certified. The Chief is purchasing a battery operated saws all for the Rescuc Truck. Page 9 ^,-- 161 1 frl3 Chief McLaughlin said that safety cones, a tool box, stabilizcr, and gas can were purchased. He went on to say that completed the to do list for this year. A full curtain was installed in the breeze way to protect the vehicles from the sun and bugs this was a cheaper alternative to a garage door. The cost of the curtain and installation was around $600 to $800 where as a garage door would have been $4,000. We may be looking at purchasing a tanker via a ten year plan. Since the pumper has been paid off we have the money in the budget that could be allocated towards the tanker it would be a cheaper to purchase the tanker than an engine. The tanker is 12 years old. Mitchell Robel1s asked if the five year plan would it keep inventory up and trading up. Chief McLaughlin said right now the tanker is in the shop getting the head and turbo replaced. It is just a matter of time it is going to be in reserve status. 7. 1-75 Chief McLaughlin said if 1-75 does come through we will purchase a Firc Tanker and Rcscue. Mitchell Robel1s asked if anyone has sct a time fi'ume. Chief McLaughlin - We know that we can't place a petmanent structure at the 63 Mile Marker thcrc is a stipulation regarding this dating back to an Indian Land eonveyance. So we are going to put a modular home on it because you can take it away. We'll do what we did out here with a walk way over to it with a double wide. We can put a slab down because it can be removed it's not considered permanent. He infOlmed the AdvisOlY Board that two ofthe positions were up for renewal (Darcy Kidder and Mitchell Robel1s). Dan Summers wants the Advisory Board to review the consolidation report. The report is a recommendation by the Steering Committee and the Fire Chiefs. Chief McLaughlin read the Exccutivc Summary regarding the report to the Advisory Board. Mitchell Robe11s asked if the Chiefifthere was any lease agreement that could be viewed. He was refelTing to the enclosed letter from the Collier County Citizen Corps regarding 1-75. He was curious as to what would happen ifthis goes through to know more about the particulars. He wanted to know if it was published any where. Chief McLaughlin - No, he hasn't seen it. It is really kind of up in the air. This is being driven by the govemor he is the one that will say sell it and thc gcneral consensus is they are going to do it. Page 10 161 1 ffl3 Mitchell Roberts said everything he has seen local says no no no. Chief McLaughlin - The economy and thc way things are going he wouldn't bc surprised if he sells it off. Mitchell Roberts - He is going to see ifhe can find additional infonnation. A motion was made by John Pennell to adjourn the meeting it was seconded by Mitchell Roberts and passed. The meeting adjourned. /_:;~;7 .' // ~-;::::-:-_,--- Mitchell Roberts, Chairman Ochopee Fire Control District Advisory Board Page II 161 MEMORANDUM October 13, 2008 TO: Sue Filson, Executive Manager FROM: Mitchell Roberts, Chairman Ochopee Fire Control District Advisory Board RE: The appointment of James W. Simmons to the Ochopee Fire Control District AdvisOlY Board At the regular meeting of the Ochopee Fire Control District Advisory Board on Monday October 13, 2008 a motion was passed to appoint James W. Simmons to the AdvisOlY Board. Thank you for your assistance conceming this matter. #~;;;2:-, Mitchell Roberts, Chairman Ochopee Fire Control District llr/3 161 1 AI:? EXECUTIVE SUMMARY COLLIER COUNTY FIRE CHIEFS' ASSOCIATION STUDY OF CONSOLIDATION: FINAL REPORT Recent events have spurred a call for the nine fire/rescue organizations to study consolidation with Collier County EMS. The intent of this call is to create a single organization responsible for all firelrescue and emergency medical response throughout Collier County, with the resulting service improvements, operational efficiencies, organizational continuity and economies of scale. The Collier County Fire Chiefs' Association (CCFCA) tasked its Operations Committee with studying consolidation of the ten public organizations represented. This study was conducted in two phases. The first phase examined only whether consolidation could be accomplished operationally using existing assets, resources and personnel. The results of this limited study were presented by its deadline date of December 20th, 2007, and concluded that the concept had merit and warranted further study. This Initial study was reviewed by the CCFCA, various Boards of Fire Commission, the Fire Service Steering Committee (FSSC), and the Board of County Commissioners. The study received strong support for the concepts presented and the CCFCA was asked to complete the study by evaluating all remaining aspects associated with consolidating the ten emergency service organizations. The second phase of the study examined the remaining organizational structure required for supporting all services currently performed by the combined ten organizations. Areas studied in detail included the overall administrative structure, organization funding, emergency medical service provision, training, maintenance and logistic needs, prevention and inspection functions, and numerous others. A strategic planning SWOT analysis was continued from the 2 161 1 trl3 first phase of the study that identified benefits for the citizens and the merged District. The study concludes that there is serious value In this concept. The study group believes that tens of millions of dollars can be potentially saved over an undetermined period of time through the cancellation of redundant or needless pending capital projects rendered unnecessary by consolidation. The markedly Improved service provided by a consolidated emergency service district would warrant its consideration regardless of the anticipated monetary savings. Collier County Fire Chiefs' Association June,2008 3 :/ / , , 161; 1 Al3 COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE September 25,2008 Ms. Stephanie C. Kopelousos Secretary of Transportation 605 Suwannce Street Tallahassee, FL 32399-0450 Mr. Tom Henning Chainnan, Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: Funding Support for Emergency Service Delivery Along Alligator Alley Dear Secretary Kopelousos and Chainnan Henning, On behalf of the Collier County Citizen Corps Advisory Board; we offer our strongest endorsement for the recOlmnendation that if a concessionaire is selected to lease the Alley, said concessionaire relieve the local burden on the Ochopee Fire District, Emergency Management, and Emcrgency Medical Serviccs and enhance the delivery of emergency services to the proposed tolled section of Alligator Alley, The level of service provided to thc citizens that utilize Alligator Alley has always been of great concern for two primary reasons. The Ochopee Fire District covers approximately 1,100 square miles of Collier County, with 1-75 coverage from SR 29 to the Broward County line. Response time to Ochopee's area of responsibility to the farthest stretch of 1-75 covers approximately 48 miles and could take up to sixty (60) minutes. In addition to the challenging response times, funding for the Ochopee Fire Distt1ct is derived from a municipal service taxing nnit (MSTU) from a total population of 4,146 citizens who have taken on the responsibility of helping to ensure the level of service for fire suppression and pre-hospital care is at its best. Alligator Alley has always presented great challenges to oUf emergency management, emergency services, and law enforcement agencies, and we request your support in enhancing our collective endeavors. Frequently, the Alley is affected by ml\ior automobile accidents and high impact/high velocity roll-overs, necessitating emergent trauma care. Wildfire events along the Alley and adjacent areas have caused a range of incidents from traffic slow-downs to major 161 1 */3 .. " Letter to Secretary Stephanie C. Kopelousos and Chairman Tom Henning September 25, 2008 Page 2 accidents due to smoke management, as well as evening and morning temperature smoke and fog inversions, The Alley as a lifeline for commerce also has significant volumes of hazardous materials being shipped over the roadway. Fuel spills are not uncommon, and emergeney responders and speeialty teams are needed to quiekly extinguish and/or mitigate the potential environmental consequences. Interstate 75 is also the primary evacuation route for Southwest Florida during most all hUrricane or stOlID events, frequently iu both north and east-bound routes, depending on the hunicanes' ultimate path. Emergency Management must maintain a close working relationship with the concessionaire, law enforcement, and emergency services to ensure tllis vital roadway remaius operational and resourceful during times of emergency. Communications, coordination, cooperation, and access to traffic flow information wiII be instrumental in ensuring a safe evacnation operation. Collier County Board of County Commissioners and local public sentiment remains solid against this proposal; however, if such concessionaire efforts are forced by the State, we feel financial support for the Emergency Services outlined above is critical. In closing, your support in establishing an Alligator Alley Fire Station start-up and continuation of funding will greatly relieve the burden on an already fiscally stressed Ochopee department and most importantly will provide the absolute best level of service to all F10lida citizens that utilize the Alley. Respectfully, Reginald A. Buxton IT Chair, Collier County Citizen Corps Advisory Conunittee cc: Collier County Board of County Commissioners Jim Mudd, County Manager Leo Ochs, Deputy County Manager Norman Feder, Transportation Administrator Niek Casalanguida, TransportationIPlanning Director 161 1 fr 13 OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD October 13, 2008 Ms. Stephanie C. Kopelousos Secretary of TranspOliation 605 Suwannee Street Tallahassee, FI. 32399-0450 Mr. Tom Henning Chairman, Board of County Commissioners 3301 East Tamiami Trail Naples, FI. 34112 RE: Funding of Fire and EMS Services on 1-75 Dear Secretary Kopelousos and Chairman Henning, The Ochopee Fit-e Control District Advisory Board recommends that either the State of Florida or the selected Concessionait-e fund the Fire and EMS services on 1-75 to relieve the tax payers of our District. The Ochopee Fire Control District has covered the 1-75 corridor, since its inception and Alligator Alley as of 1977, with out compensation. As budget consh'aints set in it is burdening and becoming a strain to cover I, I 00 square miles adequately. According to our rccords our District responds 30 to 40 percent ofthe time to 1-75 taking crucial services away from the taxpayers for long periods of time. It is clcar that a Fire and EMS facility should be consitucted on 1-75 and funded by (he State or the Concessionaire this action would increase services and provide greater protection of life and property (0 the Ochopee Fire Conh'ol District. Thank you for your consideration regarding this matter. Since~~~~~ __.._ Mitchell Robelis, Chairman Ochopee Fire Control District Advisory Board cc: Collier County Board ofCommissioncrs Jim Mudd, County Manager Leo Ochs, Deputy County Manager Norman Feder, Transportation Administrator Nick Casalanguida, TranspoliationJPlanning Director Fiala Halas Henning Coyle Coletta ~ MINUTES OF THE MEETING OF THE PARKS AND RECREATION ADVISORY BOARD , ,,~ l..\~UO 16' 1 ff1f ober 15, 2008 ..-~ . ',... , !,..;.r.,efl Naples, Florida, October 15, 2008 LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: CHAIRMAN: John P. Ribes (Excused) VICE CHAIRMAN: Edward "Ski" Olesky Frank Donohue Barbara Buehler Paul Nyce (Excused) Kerry Geroy Bart Zino ALSO PRESENT: Murdo Smith, Regional Manager Tony Ruberto, Sr. Project Manager Tona Nelson, Sr. Administrative Assist. Shari Ferguson, Regional Manager Kerry Runyon, Regional Manager Nancy Olson, Sr. Park Naturalist Brit Pate, Parks and Recreation Misc. Carres: '1 Date \'J.-} [G I e1 !lem#10ll'0A It- 1 ~ct~ber 15~008 It' [1 I. Call to Order Vice Chairman Olesky called the meeting to order at 2:01 p.m. II. Pledge of Allegiance and Invocation The Pledge of Allegiance was recited and Invocation was given. III. Approval of Agenda Mr. Zino moved to approve the agenda subject to the following changes: Item V. a) to be heard after item V.d) Item V. b to be heard after approval of the minutes. Item VI. a) to be heard after Item V.b). Second by Ms. Buehler. Carried unanimously 5-0. IV. Approval of minutes Ms. Buehler moved to approve the minutes of the September 17, 2008 meeting. Second by Ms. Geroy. Carried unanimously 5-0. V. New Business b) Employee of the Month - Barry Williams and John Ribes Mr. Olesky recognized Laurie Johnson as Employee of the Month for September. VI. Old Business a) Update on Fish Cleaning Stations - Gary McAlpin Gary McAlpin updated the Board on the new County policy regarding Fish Cleaning Stations at County Facilities noting the following: . The Florida Department of Environmental Protection no longer allows fish cleaning stations "over submerged lands." . The new preferred method is disposing the fish remains into a grinder pump which discharges the subsequent waste into the sanitary sewer via lift stations. . Due to the high cost of the installation of these facilities, Parks and Recreation has determined that until a final solution is identified, no fish cleaning stations will be offered at County Facilities. . The public will be notified of the new policy via signage at the various facilities. The Board suggested the following: . Consider discharging the cleaning stations into an underground holding tank to be pumped as necessary. . Being a State mandated requirement, investigate Grants available for installation of the systems. Gary McAlpin noted all avenues will be investigated and the requirement is an "unfunded State mandate." V. New Business (cont.) c) Overview of Pre- School Programs - Shari Ferguson 2 1 ~toL 15,~08 Pr I~ Shari Ferguson and Brit Pate provided an overview ofthe 3-5 year old Pre-School and After School Recreational Programs provided by the Department noting the following: . The Pre-School Programs are available at Max Hasse Park Community Park, Vineyards Community Park, East Naples Community Park, and Golden Gate Community Center. . The Day School Programs are licensed through the Department of Families and Children (DFC). . The Pre School Staflmembers are required to be certified through DFC with Continuing Education Requirements. d) FRPA Leadership Program, How Do You Perceive Collier County? - Kerry Runyon Kerry Runyon addressed the Board updating them on her participation in the Florida Recreation and Parks Leadership Program. . The Program is developed "to identify excellent leaders within their Agencies who will be capable and interested in leading Agencies once current Directors retire. ~, . She has emolled in the Program which provides her with a mentor. . Her first assignment was to conduct a public survey to obtain input on how the Parks and Recreation Department is perceived to be functioning. . She requested the Parks and Recreation Advisory Board members complete the survey. . The results will be provided to the Leadership Program for review with two remaining assignments to fulfill. a) Directors Highlights - Barry Williams Murdo Smith provided the following updates: . The Champ Boat Series will be held at Sudgen Park on November I and 2, 2008. A media day was held on October 14, 2008 where 100 mph boat rides were provided. There were no complaints from the neighbors on noise. He will monitor the noise issue upon completion of the event. . "MonsterSplash" will be held on October 18,2008 from 6 ~ 8 p.m. at the Sun-N- Fun Lagoon. . "Red Tidc Hotline" magnets are now available to the public . Funding for The Port of the Islands Marina Boat Ramp is under investigation by the Board of County Commissioners. VI. Old Business (cont,) b) Discussion on Banner Policy for Athletic Fields - Barry Williams Murdo Smith, presented a document entitled "Collier County Parks & Recreation Policies and Procedures Manual" Subject: Banner Policy. He noted the document was a draft for discussion purposes. It was noted consideration should be given to eliminating Procedure #3, which states "Funds associated with Banner sponsorships will be provided to the respective location 3 1 ~toL l5.l0081r I ~ with 35% of the respective revenue being used by the County to offset operating expenses for the field VII. Recreational Highlights - Nancy Olson and Kerry Runyon Child Safety Fair The Board heard an overview of the Child Safety Fair held at North Collier Regional Park on October II, 2008. VIII. Capital Project Highlights - Tony Ruberto and Nancy Olson Freedom Park The Board viewed a Power Point Presentation which provided an update on the development of Freedom Park located on the Northeast corner of Golden Gate Blvd. and Airport Pulling Road. The Park is approximately 50 acres in size and being completed by Transportation and Stormwater and will provide boardwalks and related educational facilities at a cost of approximately $lOM. An update was provided on the Gordon River Greenway Park facilities and associated Trail Corridor to be located in the area of the Naples Zoo and along the Gordon River in a Southerly direction. The Oakes Neighborhood Parks Grand Opening has been re-scheduled to November 6, 2008 at 10a.m. IX. Adopt a Park - Kerry Geroy None X. Informational Items Attendance Report Submitted Adopt a Park Assignment Submitted Capra Update Submitted BCC Recaps Submitted Meeting Schedule Submitted Recreation Activities Submitted Operational Data Submitted XI. Public Comments None Meetin!!: Attendance Report 4 16' 1 1T/4 October 15, 2008 Chairman Ribes was excused Mr. Nyce was excused There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at 3:24 PM. COLLIER COUNTY PARKS & RECREA nON ADVISORY BOARD dward "Ski" Olesky ..j~~ r. ~~ These Minutes approved by the Board/Committee on as presented V or as amended_ lid.,. ,,~ 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 J 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. AUach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents aTC to be tbrwarded to the Board Oftlce only after the Board has taken action on the Item.) ROUTING SLIP Complete routing lines # t through #4 as appropriate tor additional signatures, dates, and/or information nceded. If the document is already complete with the excention ofthc Chairman's sil1Rature, draw a line throulIh routing lines # 1 throw'h #4, comnlete the checklist, and forward to Sue Filson line#5). Route to Addressee(s) Office Initials Date (List in routino 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 jor additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee oftice only after the Bee has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attorney's Office Agenda Date Item was December 16, 2008 Agenda Item Number 1612 Annroved bv the BCC Type of Document Agreement Number of Original 1 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 sufliciency. (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 trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the BeC 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 oe 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 nffice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of our deadlines~ The document was approved by tbe BCe on (enter date) and all changes made during the meeting have been incorporated in tbc attacbed document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) 2. 3. 4. 5. 6, (171 If';! N/A @ I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16J f2 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF VeronaWalk Homeowners Association, Inc. THIS AGREEMENT is made and entered into this JCJVt- day of fX&/I1-la-e.K , 20~, by and among the following three parties: VeronaWalk Homeowners Association, Inc. (hereafter the "Property Owners Association"); the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the subdivision VeronaWalk, (hereinafter the "Subdivision") (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Property Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated February 26, 2008, attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the Subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing bOdy of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and 16J 2 WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Property Owners Association, has provided the Sheriff of Collier County with notice that the signage for the Subdivision appears to be in completed and in substantial accordance with the approved subdivision constructions (see Exhibit "B"); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Subdivision as described in Exhibit "C" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, include as part of its duties, patrol and enforcement of all County and State traffic control regulations and laws 2 16J 2 on or over private roads within the Subdivision, including such additional roads, if any, that may hereafter come into existence within the Subdivision. 5. The parties recognize that all private roads within the Subdivision (as such roads are described herein) are not public roads, not County- owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Property Owners Association and/or other private property interests within said Subdivision. 6. For purposes of identification and geographic specificity, the Subdivision is composed of the platted area described in Exhibit "C" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Property Owners Association for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(1), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the Board of County Commissioners providing that this Agreement be terminated), or by the Property Owners Association. 9. The Property Owners Association shall hold harmless and defend Collier County and the Collier County Sheriff, and their agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. 3 16 ')2 IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: ~~'5 I4A-<:i1 Print Name of Irst Witness ~~~~ Signatu of Second Witness ';:;/'P? &,V1&Atc... Print Name of Second Witness WITNESSES: ItLM-Lf/ ~nr- SignatBre 'Of First ness M 1/ R. Y f!. OfJ R.T /C/O IIr Print Name of First Witness Signature of econd Wit ess ~~~!Tb~~ VeronaWalk Homeowners Association, Inc. r) '\ ~.. ". ") " By:?. )/I"v.... -t~r"lctt?~\\- S:.-IT""'&~~I "t>re'Slbtlol' Date: 3(1"5/ D8 COLLIER COUNTY SHERIFF'S OFFICE Date: 11-d..1-0Zl 4 ATTEST: DWIGHl;'.'"E: BR;QCK, Clerk .- \ '/.-. " DepLlty Cler{</ AtttIt< .'1 ~,0.4f S lonature on I . Approved as to form and legal sufficiency: C~~ Colleen M. Greene Assistant County Attorney BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA By: TOM H NNING, 5 16J 2 .. t)dM6tt A 16J \2 Office of the Town Center Manager Phone: 239-774~26 Fax: 239-430-0022 February 26, 2008 Lieutenant Gibbons Collier County Sheriff s Office 3301 East Tamiami Trail Naples, FL. 34112 RE: Traffic Patrol within VeronaWalk of Naples Dear Lieutenant Gibbons; VeronaWalk of Naples is a gated Home Owners Association built around a Town Center located right off of 951 (if traveling South about two miles before Rt. 41 on the left). I am the Town Center Manager and I am getting increasing complaints about speeders in our community. Our Association requests that the Collier County Sheriff s Office patrol the private roads within our community and exercises jurisdiction over our roads by enforcing State and County traffic laws. Thank you for your consideration and ifI need to provide you with additional information, please do not hesitate to contact me. Sincerely, ~t??A~ Lynn A. Bordman, CAM Verona W alk Town Center Manager Phone 239.774.0026 Fax 239.417.6694 16J 2 WilsOnMiller . November 20, 2008 Sheriff Don Hunter Collier County Sheriff's Office 3301 East Tamiami Trail, Building J Naples, Florida 34112 Subject: VeronaWalk Traffic Control Compliance Engineer's Certification (Exhibit B) Dear Sheriff Hunter: Pursuant to the requirements of the "Agreement Approving and Providing for County Traffic Control Jurisdiction Over Roads within the Subdivision of VeronaWalk", please accept this letter as confirmation that VeronaWalk Phase 1A, Phase 1 B, Phase 2A, Phase 2B, Phase 2C, Phase 3A, Phase 3B, Phase 4A and Town Homes Phases 1 and 2 have been completed in substantial accordance with the approved construction plans, I trust that this information is sufficient for your use. If you have any questions or need additional information, please feel free to contact me. Sincerely, WilsonMi/ler, Inc. 1\ " xi i ",'~l"~, .:;"', David J. Hurst, P.E. Senior Project Manager Senior Associate C: Chris Hasty, Pulte Homes 800.649,4336 239,649.4040 F 239,643,5716 3200 Bailey Lane Suite 200 Naples, Florida 34105 WllsonMlller.com 1112012006. , ",'~4e. ver. ~ - Od''''''" 1 NOSO&-511-OQO-ECQR.24585 (XI-lID\T "c." IbJ 2 ~beriff 16~J 2 DON HUNTER. COLLIER COUNTY 3301 Tamiami Trail East, Bldg. J, Naples. FL 34112-4902 (239) 774-4434 www_colliersheriflorg Memorandum To: Assistant County Attorney Colleen From: Danny Schryver, Legal Counsel Date: November 21, 2008 Re: Verona Walk Traffic Control Agreement N . <:::J f"J1 ,-, I - 8 ~:Q ~~ :;r c-, 0"1" ,~~ ~~q >............ "'" ~ S? C.fl '" Attached is the agreement approving and providing for county traffic control jurisdiction over roads within the Verona Walk Subdivision. It has been signed by representatives from the Verona Walk and the Collier County Sheriff's Office, and is being forwarded to you for submission to the Board of County Commissioners for execution. Also attached are Exhibit's: "A" - A letter from the Association requesting patrol of roads within the subdivision. "B" - An assessment map or plat showing the specific roads to be patrolled, and a letter dated November 20, 2008 naming the Phases that are completed and ready for patrol. "C" - A letter obtained from the engineer verifying that all signage meets code and Manual of Uniform Traffic Control Devices (MUTCD) instructions. Please call me at 530-5640 if you have any questions or concerns. Thank you. Attachment MWS:stl "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." ~ <<-~ ~~~ . . 16J 2 COLLIER COlNTY SHERIFFS OFFICE MEMORANDUM FROM: M. W. Schryver, Cou PSI..-" ~ TO: Sheriff Hunter DATE: November 21, 2008 RE: Verona Walk Traffic Agreement Attached please find a copy of the above traffic agreement approved by legal and ready for the Sheriff's approval and signature. Please return to legal when executed and we will forward it on to Assistant County Attorney Colleen Greene for delivery to the Board of County Commissioners. VERONAWALK ~-::it~~.1~. 8090 SOR.I\UHO J....\N1. Sum I. NMm. FL 3<l1l4 Office of the Town Center Manager Phone: 239--774-0026 Fux: 239.430..0022 July 25, 2008 Collier COWlty Attorney's Office 3301 Tamiami Trail Administration Building Floor 8 Naples, FL. Ref: Veron.Walk Traffic Control Agreement; 08.0004 Traffic Control Jurisdiction Agreements - 2008 Dear Kay Nell; I do accept the revised Exhibit "'C" in the VeronaWalk Traffic Control Agreement; 08.0004. Lynn Bordman does have the authority to sign letters, agreements and contracts for the VeronaWalk Home Owner Association. Inc, as the agent to the Board of Directors. If you should need any additional information please do not hesitate to call me. Scott Brooks President of the Board of Directors VeronaWalk Home Owner Association. luc. 239-495-4800 J6J 2 www.sunbiz.org - Department of State Home Contact Us EwFiling Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Detail by Entity Name Florida Non Profit Corporation VERONAWALK HOMEOWNERS ASSOCIATION, INC, Filing Information Document Number N04000001459 FEI Number 562440461 Date Filed 02/12/2004 State FL Status ACTIVE Principal Address 4500 PGA BLVD STE 400 PALM BCH GARDENS FL 33418 Mailing Address 1044 CASTELLO DR #206 NAPLES FL 34103 US Changed 04/18/2005 Registered Agent Name & Address SOUTHWEST PROPERTY MGMT COM. 1044 CASTELLO DR STE 206 NAPLES FL 34103 Name Changed: 03/03/2006 Address Changed: 03/03/2006 OfficerlDirector Detail Name & Address Title ST STACKHOUSE, ED 9240 ESTERO PARK COMMONS BLVD ESTER FL 33928 TitleVP MCCORMICK, RICHARD 9240 ESTERO PARK COMMONS BLVD ESTERO FL 33928 Title P SCOTT, BROOKS http://www .sunbiz.org/scripts/cordet.exe?action~D ETFIL&inq_ doc _ numbeFN0400000 14... 7/22/2008 www.sunbiz.org - Department of State 9240 ESTERO PARK COMMONS BLVD ESTERO FL 33928 ~nnual Reports Report Year Filed Date 2006 03/03/2006 2007 04/24/2007 2008 04/25/2008 Document Images 04!25!2008 ANNUAL REPORT I 04/24/2007 -- ANNUAL REPORI [ 03!03/2006 "" ANNUAL REPOR 1 [ 04i18/2005 -, ANNUAL REf'ORT [ 02/12i2004 .. Uomesllc Non-f'rofi! [ Page 2 of2 16 \J View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 1_~~~.!~._!~~~_~_~.~~._?ffi~.~L_~~cord. See documents if q~~_~!~~~_~!_~9_~~~~J Previous on List Next on List Return To List No Events No Name History Entity Name Search http://www.sun biz.org/scripts/cordet.exc?action=D ETFIL&inq doc number= N0400000 14... 7/22/2008 Page I of2 16J 2 Martha S. Vergara From: NellKay [KayNell@colliergov.net] Sent: Tuesday, December 16, 2008 4:56 PM To: Martha S. Vergara Subject: RE: Agenda Item #16J2 from 12/16/08 Oh. Sorry, I didn't read your e-mail properly, Yes, please forward me a copy, as well as a copy to the Sheriff and the Verona Walk Property Management company, Thank you. Kay Nell, CLA Collier County Attorney's Office Telephone: (239)252-8400 Fax Number: (239)252-6300 "REI'AHFI) 11\ A'd'ICIPATlO\ OF IJTI(;\110:\, REFLECTS THE :\II':_'\L\I. IMPRESSI()l\S. LITIGATION STRAn:CIES ,.\ "01.1:(;;\1. rHU}RIf:S OF THE L\DFRSIL\FIl ATTOIC,VY AND IS LXV'IPT FRO\1l'rnUc HECOIWS I)IsCI_,osnu: PtlRSL\]\T TO * ] i9,071( I )(tJ), FI.\. S 1,\ I'. TillS 'IESSACE IS I\TE'HH,I) FOR THE RECII>IF\'J O~LY. IF \OL' IlEUiIVE,l) THIS CO\I\lF'iICATlO\ U\ ERHOR, "LEASE \OTII-'Y TilE SF.\I)F]{ 1\1\lFDI.\TEL\. '-SF on. I)JSSE\IINA 1'10:\ BY ANY '>EHSO," O'IlIER 'IIL\[\ TilE INTENlwn RFCII'IEYI' IS STIHeTLY PROlIIlll"l En. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Tuesday, December 16, 2008 4:51 PM To: NellKay Subject: RE: Agenda Item #16J2 from 12/16/08 Yes I have it '" would you like a copy From: Nell Kay [mailto:KayNell@colliergov.net] Sent: Tuesday, December 16, 2008 4:50 PM To: Martha S. Vergara Cc: GreeneColleen Subject: RE: Agenda Item #16J2 from 12/16/08 It was delivered to the Board's office for approval early this morning. You should have it or should be receiving it soon. Kay Nell, CLA Collier County Attorney's Office Telephone: (239)252-8400 Fax Number: (239)252-6300 PREP,\RED 1'\ .\:\,TJ('IPYIH)"'Ii OF I.lTIG\TIO'\. IU:FUTTS TIIF I\IEYL\I. I:\II'RLSSlo'\s, L1TIGATIO:\1 STlUTE<;n's A'\1l I.FG\I IlIUlRlFS OF TIlL l'\IH-:H.SI(;'\Fn ATTOR'\EY A.,\I) IS L\T\II'T FRO\IPLHUC IU:COIWS UISUOSIIH, I'(:RSLA'\T TO S 119.ll7!(I)(d). H.-\. ST-\"!. rillS \IESSAGE IS IY1E'\IH:I) FUI< TIlE IU:<II'II<'\T ():\1. Y. IF YOl' RECEIVED TillS CO\II\H:\1IC,\TI(),\ If', ERROl(. PU.\SI' \OTIF\ nn: SL'\IlEH I\I:\IEI)L\ 1'1':1...... I SF OR DISSEMI'\,\!'IO:\ BY ,\:\Y PERSON (HilER THA '\ TIlE I'\TV'\lJF.U RFCIl'IE!\T IS STRICTI V I'IH)IIIBIITIl. From: Martha 5, Vergara [mailto:Martha.Vergara@colliercierk.coml Sent: Tuesday, December 16, 20083:58 PM To: Nell Kay 12/1 7/2008 Page 2 of2 Subject: Agenda Item #16J2 from 12/16/08 16J Hey Kay, Do you need a copy of the agreement mentioned above?? Martha Vergara Deputy Clerk II - BMR 252-7240 12/17/2008 2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 171 ilL'j To: Clerk to the Board: Please place the following as a: [gJ Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: 10/30/2008 Petition No. (If none, give brief description): A VESMT -2007-AR-12316 Petitioner: (Name & Address): Richard Paganas, 1999 Gordon River Lane, Naples Fl. 34104 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 20 days before hearing) December 2, 2008 Newspaper(s) to be used: (Complete only if important): [gJ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: See Resolution Companion petition(s), if any & proposed hearing date: nla Does Petition Fee include advertising cost? 0 Yes [gJ No If Yes, what account should be charged for advertising costs: ~Jo-.138327-M919lh.. .. If'b OOObS 1&3 ~ Date List Attachments: Executive Summary -Copy Resolution with exhibits - Copy 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. *********************************************************************************************************** FORCLERK'SOFFICEUSE.<?f!:Y~~ ,.,_b 1~D. 11111 Date Received: ~ Date of Public hearing: ~ Date Advertised:~...,J.. "1R3 17AlF1 RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR-12316, 1999 GORDON RIVER LANE, TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR OF LOT 1, NATURE POINT, AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Richard Paganes has requested the vacation of the County's interest in that portion of a 25 foot wide drainage along the rear of lot 1, Nature Point, as filed in Plat Book 20, pages 20-22 of the Public Records of Collier County, Florida situated in Section 35, Township 49 South, Range 25 East, that portion of the drainage easement to be vacated being more specifically depicted and described in Exhibit 'A'; and WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication a replacement drainage easement area, attached hereto and also depicted in Exhibit "A", in the place of the vacated easement area; and WHEREAS, the construction of the alternate replacement easement with required equivalent water quality treatment area must be completed and accepted by County staff prior to the recording of this Resolution; and WHEREAS, the Board has this day held a public hearing to consider petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in that portion of the 25 foot wide drainage easement as specifically depicted and described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. 17 ,A BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida at that time the requirements of this Resolution are fulfilled, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2008. DATE: COMMISSIONERS ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: TOM HENNING, CHAIRMAN By: Steven T. Williams 11"> Assistant Collier County Attorney z )> -i C :>J m ," ,Q z -i m r o -i 'I~ ; ~"-' r! ig" " I I! " il !i ~! ; ~a 1I11lNGSTONflOAO I I , . ; ! INTERSTAH-75 " TMlIAMITAA'l (lJ.S..41) r o () )> -l o Z . " I'IlLDUN il ! , ! ~ s:: )> -a :!l. , Ii ~~ I, ~! I , ,. '5 1'1 i,m, , , 0'1""" ~~'" l€AWOOO 'A~ES l>>DN" ~~, 'M1ITIEMlIEIlG ~ ~"\\"- , l!il ; ~! ~ ! NOTTOSCAU 5 5 0 z en > eo ~ - ~ -l 0 " , m r . " ~ ~ . s:: . 5 )> -a r 0 0<0 ~=i -m 0 z 0 c ~ ~ , c; i'i . 0 ~ f2 " r "" . ~ . ~ ~ " 0 ~ z CiT'yap __ ~ r ~ 0 ~ > ~ ; ro ^'''"''iFs e > " Z 0 ~ " 0 0 ~ ~ " 0 " . l 0 " > " " 0 . ~ , ~ 0 " . " . ~ " " ~ ~ 1 A 1I ", . '" ... N '" '" r '" ....,,_"'......"oJIU..L-.J rage I or I OWNER INFORMATION II PROPERTY INFORMATION I Name:1 PAGANES. RJCHRAD C & CHRISTINE I Parcel: 1163770000827 II Aere:l~ Add.....: I 1999 GORDON RIVER LN ~11999 GORDON RIVER LN NAPLES ("'ap) I Add.....:1I I Legal:IINATURE POINTE LOT 1 OR I Add.....:1I ~11764 PG 850 I Add.....: II I Lega':'1 i Add.....:IINAPLES. FL 34104.5298 I Legal:1 I VALUE/EXEMPTIONS I TAX INFORMATION PA Y TERMS II PAYMENT INFO I I Market value:1I929.511 County:1I1511.96 Nov:1I5199.99 II Paid Dt :1111/26/2007 I I Taxable value:1I453.538 School St:1I1263.56 I Dee:1I5264.16 II RecPt:II4825 I I Mlllaga code:1I171 Sehoolloe:1I1163.32 Jan:115308.33 II Maeh:1I30 Homesld Ex:1I25oo0 City Tax:1I0.00 Feb:1I5362.49 II paymt:1I5.199.99 Aglieltr Ex:llo Dependt:1I353.13 Mar:II5416.66 II Mort:11700S01 Widow Ex:llo Water:1I218.34 Apr:II.0 II STATUS INFO. Blind Ex:llo I Independ:II640.99 May:II.O II Non Ad va:llv Dlsabled:llo I Voter APpr:1I97.69 Now Due: I Veteran Ex:llo I * Groos Tax:II5416.66 I Installment: IIN I Deferred: IIN Wholly Ex:llo I Appr fee:lI.o I Bankrupt:IIN I Civilian Ex:llo I Advertlslng:llo.oo I TDA:llo I I COMMENTS I ''* Non Ad Valorem Amount Included in Gross Tax I I No,n,Ad Valorem AuthQrities I I NON AD VALOREM INFOR"'A TION I IType IIAuthtl IIAuth Name Ilper IIAmount I IGARBAGE 119013 IIGARBAGE IIDISTl 11167.67 I Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 2007 Tax Roll Inquiry System 17A I, ~ s8.\lf9lJ L Sack 19 List 2003 Parcel Information I 2004 Parcel Information I ZOOS.Parcel Information I 2QQQ Parcel Informgtion Lgst Updated: 10/28/2008 5:00pm http://www.colliertax.com/search/view.php?ID=202109&page=l&tc=1 &tax 3ear=2007 10/30/2008 WilsOnMille," ~ New Directions In Planning, Design & Engineering AVESMT-2007-AR-12316 REV: 2 1999 GORDON RIVER LANE Project: 2007090022 Date: 12/19/07 DUE: 1/4108 17A' j : Description of Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida. (part of Drainage Easement to be Vacated) All that Part of Lot 1, Nature POinte, as recorded in Plat Book 20, Pages 20 through 22, of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 1: Thence along the west boundary line of said Lot 1, South 26'00'09" West 27.80 feet to an intersection with the South line of a 25 foot wide Drainage Easement; Thence along said South line, South 89'55'25" East 8.20 feet to the POINT OF BEGINNING; Thence leaving said line, North 26"11'37" East 13.83 feet; Thence South 83"50'41" East 44.18 feet: Thence South 45"41'24" East 4.48 feet; Thence South 24"19'41" West 5.06 feet to a Point on the South line of a 25 foot Drainage Easement; Thence along said South line, North 89'55'25" West 51.15 feet to the POINT OF BEGINNING of the easement herein described. Containing 0.01 acres or 495.66 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the Westerly Right-of-way line of Outrigger Lane, Tract "En of Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida, being North 00053'25" East. Wilson Miller, Inc. vy,/) ;t &~ ~c:l/t<:;~ Marcus L. Berman, Professional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the professional's seal. W.O.: Ref.: Date: N0427-000-001-GCSOO 2G-780 November 12, 2007 1211312007_196579 Ver.Ol!-MB<llTllan ~~7-OOO-OO1--0 Naples/Corporate Office 3200 Bailey Lane, Suite 200. Naples, Florida 34105.239.649.4040. Fax 239.643.5716 wilsonmiller.com . 800.649.4336 17,4 First Mortgage Consent of Lienholder Wells Fargo Bank. National Association. successor by merger to Wells Fargo Home Mortgage. Inc., ("Lienholder"), hereby consents to the grant of the foregoing Drainage Easement by Richard C. Paganes and Christine Paganes. whose address is 1999 Gordon River Lane. Naples. Florida. 34104 to Collier County. Florida. and, joins in the execution hereof solely as Lienholder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to said Orainage Easement. q ,..}{) ,D SIGNED AND EXECUTED this cL day of ; jPIf fL- ,2008. Wells Fargo Bank, N.A. By: JtUW-A ';;( .#h.l~ Lorna L. Slaughter Vice President STATE of MARYLAND COUNTYofFREDE~CK BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughter. Vice President. of Wells Fargo Bank, N.A., known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GrvEN UNDER MY HAND AND SEAL OF OFFICE THIS.:1"""'dayof fJf'~/L- , 2008. ~'" ~'".'S:'~''''''' "'~:~"'~~" . . ~A~ f'i;'~\<;;,,: Notary Public ;:~\PlJEl.lc/~ff "~'...<",.., ...,~~......." MyComm, fXfl. 0310112011 My commission expires:.3 - c> I - ;j. OJ / 17A' This Instrument Prepared By: John Paulich ill, Esq. Paulich, Slack & Wolff, P.A. 5147 Castello Drive Naples, FL. 34103 AVESMT-2007-AR-12316 REV: 4 1999 GORDON RIVER LANE Project: 2007090022 Date: 9/3108 DUE: 9/17/08 EASEMENT V ACA TION AND MAINTENANCE AGREEMENT This Easement Vacation and Maintenance Agreement is entered into tltis _ day of July, 2008 by RICHARD C. PAGANES and CHRISTINE PAGANES, husba..,d and wife (hereinafter "Paganes") and COLLIER COUNTY, a Political Subdivision of the State of Florida, its successors and assigns, (hereinafter "Collier County"): WHEREAS, Paganes is the owner of the following described real property located in Collier County, Florida: Nature Pointe, in accordance with and subject to the plat recorded in Plat Book 20, Page 20, Public Records of Collier County, Florida (hereinafter "Property"); and WHEREAS, the Property is subject to a Drainage Easement located on the North 25 feet of the property (hereinafter "Drainage Easement"); and WHEREAS, a portion of the improvement located on the Property (hereinafter "Encroaching Improvement") encroaches into the Drainage Easement as shown on the survey attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, Paganes has requested and Collier County has agreed to vacation of the Drainage Easement limited to that portion of the Property shown as the Encroaching Improvement; and WHEREAS, in consideration for the vacation of the Drainage Easement, Paganes has agreed to certain maintenance and [mancial responsibilities. NOW, THEREFORE, in consideration of the covenants expressed herein, the parties agree as follows: 1. That portion of the Drainage Easement described in Exhibit "A" hereto is hereby vacated. 2. Paganes acknowledges that the Encroaching Improvement is immediately adjacent to a functioning Drainage Easement that incorporates a part of the Primary Drainage System, namely a portion of the Golden Gate Main Canal, and that the Encroaching Improvement may impede land based maintenance ofthe canal in the future. 3. Paganes acknowledges and agrees that Collier County, or any agency or party 17-' working in coordination with Collier County, shall not be responsible for any damage to the Encroaching Improvement resulting from the use of the unvacated portion of the Drainage Easement for its intended purposes. 4. Paganes, or its successors and assigns, shall be responsible for maintaining any portion of the canal that Collier County is unable to maintain as a result of the vacation of the Drainage Easement. 5. Paganes, or its successors and assigns, shall be responsible for any damages caused by the inability of Collier County to maintain the canal, and any damages caused by the failure of Paganes, or its successors and assigns, to maintain any portion of the canal that is inaccessible to Collier County due to the location of the Encroaching Improvement. Responsibility for damages shall include, but shall not be limited to, fmancial damages associated with upstream flooding or impassibility due to shoaling, vegetation or debris buildup and storm damage; and that are directly attributable to inaccessibility for maintenance equipment due to the location of the Encroaching Improvement. 6. The covenants contained in this Agreement shall run with the land. IN TNESS WHEREOF, the parties have caused these presents to be executed the date and [)ove tten. K~c--Z ~ RICHARD C. PAGANES\ ~~~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 011 day of ~~8t 2008 by RICHARD C. PAG.(\)'ffiS and CHRISTINE PAGANES, husband and wife, 0 ( personally known to me or (1'j have provided Drivers Licens s identification. 1~1- ) are Seal t)'" JENHIl:ERLMAZZOTTA i ,,', Notary Pu!>flc - Stale 01 Florida i' . jMy CommlsS(oo Expim Oct 11. , ~~~ ill CommiS$ion , DO 482957 "',,~.f.\.'" Bonded B National Nola Assn. \ C)\ \l \ Cf\ 17 A f"','.' ,~i' ';\'01-<, ": 1" COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS Witness Signature By: As: Witness Printed Name Witness Signature Witness Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of 2008 by , as on behalf of the COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONS, who ( ) is personally known to me or ( ) has provided Drivers License as identification. Seal Notary Public My Commission Expires: 1:1 A Instrument Prepared By: John Paulich III, Esq. Panlich, Slack & Wolff, P.A. 5147 Castello Drive Naples, Florida 34103 239-261-0544 AVESMT-2007-AR-12316 REV: 4 1999 GORDON RIVER LANE Project: 2007090022 Date: 9/3/08 DUE: 9/17/08 EASEMENT THIS DRAINAGE EASEMENT, is granted and conveyed this day of July, 2008, by RICHARD C. PAGANES and CHRISTINE PAGANES, husband and wife, Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVIDION OF THE STATE OF FLORIDA, its successors and assigns, and NATURE POINTE HOMEOWNERS ASSOCIA TION, INC., a Florida not-for-profit corporation, GRANTEE. WITNESSETH: That the Grantor for and in consideration ofthe slim often dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantce, its successors and assigns, a perpetual, non-exclusive drainage easement in, on, over and under the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A," which is incorporated herein by reference. Grantee Nature Pointe Homeowners Association, Inc., its heirs, successors or assigns shall bear the responsibility for maintaining the easement property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. Grantee Collier County shall have no responsibility for maintenancc of the easement property. TO HA VE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with thc right and privilege to enter upon said land to repair and/or otherwise maintain the easement area. Grantor and Grantee arc used for singular or plural, as the contcxt allows. IN WITNESS WHEREOF, the Grantor has caused these presents to be cxecllted the date and ear first above written. c~~ RICHARD C. PAGANES STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledge before me this ~ day of Au~, 2008, by Richard C. Paganes and Christine Paganes, husba and wife, who [ ] are p~rso~afjy known to me or [-i1 have produced Drivers Licenses as j ntification .' ' JENNIFERLlIAZZOTTA NolMy PuJ>lIc - SlIfe of_ . l: . Caomis.ionElclliIHOd,17. ComIlliSJlDn # DO 48m7 , , _Nation'" Ason. ) Acceptance by Grantee: c Nature Pointe Homeowners Ass;4n, li~ A- Byj V &<.-p ..~ 'David Bratt, its Vice President Witness Si ture 1-liJ11~ . ttc1n IS Witncs Printed Name STA TE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledge beforc me this..L3.. day of.AlL.~ 2008, by David Bratt, as Vice President of Nature Pointe Homeowners Association, Int. a Florida not-for-profit corporation, who !Xl are personally known to me or]X] have produced Drivers Licenses as identification / , ~U4j( ." ., ~J.UJNDQUIST so' '.. .' ,','*"A.................SOTA . _ '-', ..,com"'.EJqt.~31,.. 17A Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk , CHAIRMAN Approved as to form and Legal sufficiency: Assistant County Attorney 17A ~) T NEW DIRECTIONS IN PLANNING, DESIGN & ENGINEERING. SINCE 1956. WilstinMille," r l1A Description of Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida. (Drainage Easement) All that Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Lot 1; Thence along the east boundary line of said Lot 1, South 38"00'00' West 101.29 feet; Thence leaving said line North 52"00'00' West 13.69 feet to the POINT OF BEGINNING of the easement herein described; Thence South 35"42'00" West 58.93 feet to a point of curvature; Thence southerly, westerly, northerly and northeasterly, 12.51 feet along the arc of a circular curve concave to the northeast, having a radius of 3.98 feet, through a central angle of 180'00'00" and being subtended by a chord which bears North 54"18'00" West 7.96 feet: Thence North 35"42'00" East 58.93 feet; Thence North 44"34'48" West 2.15 feet; Thence North 45"25'02" East 27.14 feet; Thence North 14"27'12" West 21.94 feet to a point on the south line of a 25 foot Drainage Easement located in Lot 1 of said Nature Point: Thence along the south line of said 25 foot drainage Easement South 89"55'25" East 1 0.33 feet; Thence leaving said line South 14'27'12" East 25.11 feet; Thence South 45"25'02" West 31.56 feet to the POINT OF BEGINNING of the easement herein described. Conlaining 0.02 acres or 1024.49 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the Westerty Right-of-way line of Outrigger Lane, Tract "E" of Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida, being North 00053'25" East. f WilsonMiller, Inc. ~M<J:2~ Ma s L. Berman, ProfeSSional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the professional's seal. W.O.: Ref.: Date: Rev: N0427 -OOO-001-GCSOO 2G-780 December 13, 2007 April 16, 2008 AVESMT-2007-AR-12316 REV: 4 1999 GORDON RIVER LANE Project: 2007090022 Date: 9/3108 DUE: 9/17/08 4'161200$-197604 Vw:01!-J.eWll'llltl ::r-€oepOfl8.te Office 3200 Bailey Lane Suite 200 Naples, Florida 34105 800.64?4336 239.649.4040 F 239.643.5716 WilsonMlller..com o '1 n 0 i-J ri ~ o (') :J ^ ~ ~ 8 ~ 00 ^ ru "'- ~ ~ ,. o ~ C) , ,~ ~ ~ '" , ~ C) , '^ '^ "- '^ 0, , '^ ~ ;.: ,. 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Ci~;:O;:; 00000 -"00 ~z';" 00;::0)::- ~~~?J ..Nm~ w r-~ l>~ z m '" m ~ .. ~ :; o '" 11A EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT-2007-AR-12316, 1999 Gordon River Lane, to disclaim, renounce and vacate the County's and the Public's interest in a that portion of a 25 foot wide drainage easement along the rear of Lot 1, Nature Point, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A" and accept the replacement drainage easement also shown on Exhibit" A". OBJECTIVE: To adopt a resolution vacating that portion of a 25 foot wide drainage easement along the rear of Lot 1, Nature point, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A" and accept the replacement drainage easement also shown on Exhibit "A" in place of the vacated easement area. CONSIDERATIONS: Petition AVESMT-2007-AR-12316, 1999 Gordon River Lane, has been received from Richard Paganes, the Petitioner. This vacation request is intended to remove a portion of a 25 foot wide drainage easement over the rear of his lot now encumbered by screened enclosed pool deck and replace an equivalent water quality treatment area and easement in an area along the easterly portion of the property. Letters of no objection have been received from applicable divisions/entities. Staff has stipulated that prior to recording of the easement vacation the owner will obtain needed permit modification from the South Florida Water Management District to address the changing of the stormwater treatment design, provide a copy of the approved permit modification (or letter of approval from SFWMD) to the County, and construct the replacement stormwater treatment system. All other staff concerns have been addressed, thereby we recommend approval with the stated requirements. FISCAL IMPACT: Engineering and Environmental Services staff has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: 17A There are no known historical or archaeological impacts. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and is legally sufficient for Board action. RECOMMENDATIONS: Adopt a resolution vacating that portion of a 25 foot wide drainage easement along the rear of Lot 1, Nature point, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A" and accept the replacement drainage easement also shown on Exhibit "A" in place of the vacated easement area. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering and Environmental Services Department Memorandum To: Theresa CC: From: Steve Higgins Date: 10/30/2008 Re: Proof of Advertising 17A Hi Theresa; We now require proof of advertising to be attached to petitions for vacation of plats. Please provide required proof of legal advertising as soon as available, I will attach to Novus hopefully in time for the Bee meeting on December 2, 2008. Please let me know if you think it would be a problem. Thanks 1 A VESMT-2007-AR-12316 Page I of2 17 A p~~' Teresa L. Polaski From: HigginsStephen [StephenHiggins@colliergov.net] Sent: Tuesday, November 04, 2008 11 :02 AM To: Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316 That sounds good. I will use the ads as the iast resort. Thanks for your help. Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 stephen H igg ins@colliergovnet From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.coml Sent: Tuesday, November 04, 2008 10:55 AM To: HigginsStephen Subject: RE: AVESMT-2007-AR-12316 It will run on the dates you gave me. I will not have an affidavit on the 17th, we do not get them that fast. I will have the actual ad from the paper. My supervisor said if you need and affidavit you can contact Judy Janes @ NON who is in charge of affidavits and have her prepare you one, Her email isJJanes@Naplesnews.com. If this works for you I will get this sent to NON, Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa .Po laski@eollierelerk.eom) From: HigginsStephen [mailto:StephenHiggins@colliergov.netl Sent: Tuesday, November 04, 2008 10:49 AM To: Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316 Hi Teresa; Even though this is labeled an AVESMT it is actually an AVPLAT, I need this to run the weekend of Nov. 9 & 16, also need proof of advertising on Monday the 17th if possible for a Nov. 18 Novus deadline for the December 2 11/4/2008 A VESMT-2007-AR-12316 Page 2 of2 BCC meeting. J',7.A If this is not possible we will need to postpone until the Dec 16 BCC meeting. Please let me know if there is any problem. Thanks Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 StephenHiggins@cQIIiE@Qv,net From: Teresa L. Polaski [mailto:Teresa.Polaski@eollierclerk.eom] Sent: Tuesday, November 04, 2008 10:42 AM To: HigginsStephen Subject: AVESMT-2007-AR-12316 I have received this ad request and I just wanted to check to make sure of the dates it's to run. Usually AVESMT's run the two consecutive Sundays before the meeting. Do you want it to run 20 days prior (as stated on the ad sheet) to the meeting which would be on Wed. Nov, 12th? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierelerk.com) 1l/4/2008 A VESMT-2007-AR-12316 Page I of2 Teresa L. Polaski 1'7At From: Sent: To: H igg i nsStephen [Stephen H igg ins@colliergov.net] Tuesday, November 04, 2008 11 :02 AM Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316 That sounds good. I will use the ads as the last resort. Thanks for your help. Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen H igg ins@colliergoy,net From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.coml Sent: Tuesday, November 04, 2008 10:55 AM To: HigginsStephen Subject: RE: AVESMT-2007-AR-12316 It will run on the dates you gave me. I will not have an affidavit on the 17th, we do not get them that fast. I will have the actual ad from the paper. My supervisor said if you need and affidavit you can contact Judy Janes @ NDN who is in charge of affidavits and have her prepare you one. Her email isJ..Janes@Naplesnews.com. If this works for you I will get this sent to NDN, Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa .Po las ki@collierclerk.com) From: HigginsStephen [mailto:StephenHiggins@colliergov.net] Sent: Tuesday, November 04, 2008 10:49 AM To: Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316 Hi Teresa; Even though this is labeled an AVESMT it is actually an AVPLAT. I need this to run the weekend of Nov. 9 & 16, also need proof of advertising on Monday the 17th if possible for a Nov. 18 Novus deadline for the December 2 11/4/2008 A VESMT-2007-AR-12316 ~Af,'^., .'. ,~I":,' . , ' "'1 ' Bee meeting. If this is not possible we will need to postpone until the Dee 16 Bee meeting, Please let me know if there is any problem. Thanks Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen H iggjos@Golliergov.net From: Teresa L. Polaski [mailto:Teresa.Polaski@collierderk.com] Sent: Tuesday, November 04, 2008 10:42 AM To: HigginsStephen Subject: AVESMT-2007-AR-12316 I have received this ad request and I just wanted to check to make sure of the dates it's to run, Usually AVESMT's run the two consecutive Sundays before the meeting. Do you want it to run 20 days prior (as stated on the ad sheet) to the meeting which would be on Wed. Nov. 12th? Teresa I.. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa,Polaski@collierclerk.com) 11/4/2008 J'7AI\'\\r.' NDN Account #068783 November 4, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VESMT-2007-AR-12316 Dear Legals: Please advertise the above referenced notice on Sunday, November 9, 2008 and again on the following Sunday, November 16, 2008. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.o. #4500068783 1'7 A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2008 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 AVESMT-2007-AR-12316, 1999 GORDON RIVER LANE, TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR OF LOT 1, NATURE POINT, AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 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. If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida 17A"W\\1 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ')e~~fy:orC'()llier 1" " CLERK OF THE CIRCUIT COURT COLLIER COUNTY t::OURTHOUSE 3301 TAMIAMI 1'8.AIL EAsT PO. BOX 413044 NAPLES, FLORlDA341 0 1-3q44 ~1.7A ! '~~:~~, Clerk of Courts Accountant Auditor Custodian of County Funds November 4,2008 Richard Paganas 1999 Gordon River Lane Naples, FL 34104 Re: Petition A VESMT-2007-AR-12316 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 9, 2008 and again on the following Sunday, November 16,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Teresa L. Polaski 17A ""/1 To: Subject: legals@naplesnews,com AVESMT-2007-AR-12316 Attachments: AVESMT-2007-AR-12316.doc; AVESMT-2007 -AR-12316.doc Legals, Please advertise the following on Sunday, November 9, 2008 and again on Sunday, November 16, 2008. Any question, please contact me. Thank you. ,Wl.~ ~ ~ AVESMT-2007-A AVESMT-2007-A <-12316.doc (28 K.. ,-123t6.doc (28 K.. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 l.7.A Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, November 04, 2008 11 :09 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT51161.txt; AVESMT-2007-AR-12316 l;""1 ~ I,~-j L:::j ~TT5116I.txt (231 AVESMT-2007-A B) R-12316 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 A VESMT-2007-AR-12316 Page I of I Teresa L. Polaski t' "7 A ~'" . ., "I.'.. ..J' .; r' From: Sent: To: Pagan, Emely [EPagan@Naplesnews,com] Tuesday, November 04, 2008 3:20 PM Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, November 04, 2008 11 :09 AM Posted To: Legals - NDN Conversation: AVESMT-2007-AR-12316 SUbject: AVESMT-2007-AR-12316 Legals, Please advertise the following on Sunday, November 9, 2008 and again on Sunday, November 16, 2008, Any question, please contact me. Thank you. <<A VESMT-2007 -AR-12316.doc>> <<A VESMT -2007 -AR-12316.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa, Po las ki@collierclerk.com) III 4/2008 Teresa L. Polaski 17A " l' From: Sent: To: Subject: Attachments: iI UAS26B6.jpg (79 KB) Pagan, Emely [EPagan@Naplesnews.com] Tuesday, November 04, 20084:40 PM Teresa l. Polaski Ad Confirmation UAS26B6.jpg Thank you Date Publication Account Number Ad Number Total Ad Cost for placing your ad. 11/04/08 NDN 744106 1752221 $583.64 1 07-AR-12316 NOTICE OF PUBLIC HEARING Notke is hereby given that the Board of County Commissioners of Collier County willl10ld a public heqring on Tuesday. fX..>cember 2, 2008 in the Board- room, 3rd Floor. Administration Building, Collier County Government Center, 3301 East Tamiami Trail. Naples. Florida. Tl1e meeting wlll begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLU nON OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY. FLORIDA, RELATING TO PETITION AVESMT-2007-AR-12316. 1999 GORDON RIVER LANE, TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM. RENOUNCE AND VA- CATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASE- MENT ALONG THE REAR OF LOT 1. NATURE POINT. AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SITUATED IN SECTION 35. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. ..,.,. ,. .... r i" ";" NOTE: All Persons wishing to speak on an)' agenda item must register with t11e County Admll1istrator prior to presentation of the agenda item to bead- dressed. Individual speakers wHi be limited to 5 minutes on any item. The selection of an individual to speak on behalF of an organization or grOLlp is encouraged. If recognized by the Chair, a spokes- person for a group or organization may be <lllotted 10 minutes to speak on an item. Persons wishing to have written or graphic materi- als included in the BOard agenda packets must submit said material a minimum of 3 weeks prior to the respect'ive public hearing. In any case, written materials 'Intended to be considered by the Board shall be submitted to the appropr'late county staff a minimum of seven days prior to the public hear- ing. AlIl11aterial 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 proceedil1Qs per- taining thereto and therefore, may need to ensure that a verbatim record of the pruceedings is made. which record includes the testimony and eV'ldence upon which t11e appeal Is based. If you are a person with disal:>illty who needs any accommodation in order to participate in this pro- ceeding. you are entitled, at no cost to you. to the provis'lon of certain assistance. Please contact the Colliel' County Facilities Management DeP.<1rtment, located at 3301 Tallliami Trail East, BUilding W, Naples, Florida 34112. (239}252-8380, Assisted listen- ing devices for the hear'II1g impaired are available in the County COl1ln"lssioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM I-IENNING. CI-IAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski. Deputy Clerk (SEAL) ~~ovember 9, 16 No. 1752221 Teresa L. Polaski From: Sent: To: Subject: reg istration@kaango,com Saturday, November 08, 2008 9:22 PM Teresa L. Polaski Your Ad is Live Online in the Naples Daily News Market .~X\ Your ad, 07~AR~12316 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday December 2 2008 in the Boardroom 3rd Floor Administration Building Collier County Government Center 3301 East Tarniami 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 AVESMT~2007~AR~12316 1999 GORDON RIVER LANE TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR OF LOT 1 NATURE POINT AS FILED IN PLAT BOOK 20 PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SITUATED IN SECTION 35 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA. NOTE: All Persons wishing to speak on any agenda item must register with the County Adm inistrator 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 wh ich record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Tamiami Trail East Building W Naples Florida 34112 (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners! Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK CLERK By' Teresa Polaski Deputy Clerk (SEAL) November 9 16 No. 1752221 ,in the Naples Daily News has been posted online in our marketplace! You can add more punch to your listing just by logging into your account on our site and editing your ad. You get: 1. A free picture 2. Free unlimited text 3. Free tools to make your ad more complete You can add an unlimited number of additional pictures, boost your ad position for greater visibility and take advantage of special offers. Just follow the instructions below: 1. You may edit your ad by visiting: http://naples.kaango.com/feMyAds 2. You may view your ad now by visiting http://naples,kaango,com/feViewAd/13206812 Thanks for using the Naples Daily News Online Market! If you need support, please click the llHelp" tab in our marketplace. [Do not reply to this email. Your message will not be received] 1 07-AR-12316 NOTICE OF PUBLIC HEARING Notice is h. 07-AR-12316 NOTICE OF PUBLIC HEARING Notice IS hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday December 2. 2008 in the Boardroom 3rd Floor Administration Building Collier County Government Center 3301 East Tamiami Trilll 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 COLUER COUNTY FLORIDA RELATING TO PETITION AVESMT-20Q7-AR-12316 1999 GORDON RIVER LANE TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLICS INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR Of lOT 1 NATURE POINT AS fILED IN PLAT BOOK 20 PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SITUATED IN SECTION 35 TOWNSHIP 49 SOUTH RANGE 25 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. Indivi dual 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 fora group or organization may be allotted 10 minutes to speak on al1 item. Persons wishing to have written or graphic materials included inthe 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 staffa minimum of seven days prior to the public hearing All material used in presentatiol1s 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 verbati m record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based If you are a person with disability who needs any accommodation in order to participate in this proceedmg you are entitled at no cast to you to the provisionofce rtainassistance. Please contact the Callier County Facilities Management Department located at 3301 Tamiami Trail East Building W Naples Florida 34112 (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK CLERK By: Teresa Polaski Deputy Clerk (SEAL) November 916 NO. 1752221 http://naples.kaango,com/feViewAd/13206812 Naples Daily News Classi,.. Page 1 of 1 17A rt1~' 11/10/2008 Teresa L. Polaski 171 ". To: Subject: HigginsStephen AVESMT-2007-AR-12316; Gordon River Lane Attachments: A VESMT -2007 -AR-12316.pdf Hi Stephen, I am sending you the request to advertise I sent to NON, the copy and verification from NON that it will run and the last page is the ad that ran in the paper with the Ad # on the bottom, I will also send another copy after it runs on the 16th. I hope this is all you need, if not contacy Judy at NON. -m' " >'Mi';;' AVESMT-2007-A <-12316.pdf (255 ., Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 ftv~-&CD+---M- la!:J/(p 17A ~ ~+uaJ Q) +fLaJ~ OJ .~ ptlfU--- i"'~ .~..~-~~= .b~~:.m~l~~.~.' I.::' M. .~.::"'~=.~ ""!!Ii' Naples Daily News Naples, FL 34102 .7Ai "'II ,~ ~, Affidavit of Publication Naples Daily News _h ---- - - --------- --- -------- - ---- ---- ---- -- - - - - --+-- __ '..Il~ BCC/ENGINEERING-ENVIRONMENTAL .....,/" ~~.' S CLUTE/FINANCE DEPT . , ~l!'I " '..' POB 413044 CLERK OF THE CIRCUIT COURT ~. NAPLES FL 34101 REFERENCE: 068783 59540227 4500068783 07-AR-12316NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/09 11/09 11/16 11/16 AD SPACE: FILED ON: 142.000 INCH 11/17/08 (},'i;,,';'iC. llItn:t'ft,", Signature of Affiant -~----~~~----~------------------------------------+------------------------ ), ------ ( Sworn to and Subscribed before me this \ic,'r~, day of '~\l)\~""Y.:,O^ 20 ('1;;\ Cb "Cic:i:,r.-.. .o..Ji d ,.>i'il\'.'~i:;;" CHANEL A. MCDONALD ,'( '..L\.\>j Commission DO 650475 "i.i~A" Expires June 29,2011 ',Rr.,Ii'i'" BOfldedThruTroyFalnlnsuranceBoo-36S.7019 Personally known by me C \'0. '\l C) Page 1 of 1 Martha S. Vergara 171 ,''' From: HigginsStephen [StephenHiggins@colliergov.net] Sent: Tuesday, November 25, 2008 1 :25 PM To: rpaganes@comcast.net Cc: Martha S, Vergara; Puig, Judy; WilliamsSteven Subject AVESMT-2007-AR-12316 Mr. Paganes; This email is to inform you that your item, referenced in the subject line above, to be presented to the Collier County Board of Commissioners at their December 2, 2008 regular meeting has been rescheduled for the December 16, 2008 meeting due to a delay in receiving the affidavit of required legal advertising by the required cutoff date for the December 2, meeting, If you have any questions, please feel free to contact me at the number below, Thank You, Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen ljiggiOs@colliergov,nel 11/25/2008 Page 1 of 1 ~'lIA ^^._..____~~n_____n~____&! ..__.H_____.... Martha S. Vergara From: Martha S, Vergara on behalf of Minutes and Records Sent: Tuesday, November 25,20082:09 PM To: 'HigginsStephen'; rpaganes@comcast.net Cc; Puig, Judy; WilliamsSteven; Patricia l. Morgan Subject: RE: AVESMT-2007-AR-12316 Stephen, ThisJtem di~Lr.un__as scheduled, and our office received the affidavit yesterday (11/24/08) as you know per our conversation, I sent you an original. If there is ever any doubt that you won't receive the affidavit in time for a scheduled meeting, you can always drive over to NDN and pickup the affidavit the day after the ad runs. This has had to be done before for LDC Meetings. It will never be here in time for Novas, but you can always present the affidavit at the meeting. Thanks, Martha Vergara Deputy Clerk - BMR From: HigginsStephen [mailto:StephenHiggins@colliergov,net] Sent: Tuesday, November 25,20081:25 PM To: rpaganes@comcast.net Cc: Martha 5, Vergara; Puig, Judy; WiliiamsSteven Subject: AVESMT-2007-AR-12316 Mr paganes; This email is to inform you that your item, referenced in the subject line above, to be presented to the Collier County Board of Commissioners at their December 2, 2008 regular meeting has been rescheduled for the December 16, 2008 meeting due to a delay in receiving the affidavit of required legal advertising by the required cutoff date for the December 2, meeting, If you have any questions, please feel free to contact me at the number below, Thank You, Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 SteRh_enHiggins@cQlliergov,"-Elt 11/25/2008 Page 1 of3 Martha S. Vergara 17A From: HigginsStephen [StephenHiggins@colliergov,net] Sent: Tuesday, November 25, 2008 2:58 PM To: Teresa L, Polaski; Martha S, Vergara; WilliamsSteven; Puig, Judy Subject: RE: AVESMT-2007-AR-12316 I am very sorry for any misunderstanding. Martha requested I supply her in writing of the meeting change, The email was intended to notify the applicant of the date change while filling Martha's request. I appreciate all the help you gave me and knew that it was possible that I could not meet the meeting date, When I called on Monday I was told that Judy Janes no longer worked there and I was connected to another woman, I'm not sure but I believe her name was Cathy, See told me the affidavit would not be ready until Wednesday and most likely on Thursday, The applicant was in no hurry, but because we are new at requiring the proof of advertising and attaching it to Novus we weren't sure what the proper procedure should be. I used your advice and until I was rejected by Naples Daily News staff I thought we would meet the deadline. I never intended to suggest you didn't know how to do your job; I would be at a loss without your guidance through the legal advertising aspect of this process, If there is any blame here is my fault for not pressing the person at NON, please accept my apology if I offended you or anyone in anyway, there was no intension. Stephen A. Higgins nT, P,S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 ;itephen Ijilla ins@cgllieIgov,net From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Tuesday, November 25, 2008 2:39 PM To: Martha 5, Vergara; HigginsStephen; WilliamsSteven; pui9-.J Cc: rpaganes@comcast.net Subject: RE: AVESMT-2007-AR-12316 Mr. Higgins, I'm glad I took the time to assist you and email you the actual ad that ran, the verification from NON and told you who to contact at NON to get an actual affidavit if you needed it sooner than we could get it.. I process alot of ads for different departments and I am very aware on how to do my job. The delay had nothing to with the ad running and when you received the affidavit. Teresa L. Polaski. BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax 11/25/2008 Page 2 of3 (Teresa. Po las ki@collierclerk,com) 11,1 From: Martha 5, Vergara Sent: Tuesday, November 25, 2008 2:28 PM To: Teresa L, Polaski Subject: FW: AVESMT-2007-AR-12316 From: Martha 5, Vergara On Behalf Of Minutes and Records Sent: Tuesday, November 25, 2008 2:09 PM To: 'HigginsStephen'; rpaganes@comcast.net Cc: Puig, Judy; WilliamsSteven; Patricia L. Morgan Subject: RE: AVESMT-2007-AR-12316 Stephen, This i~mdid run as scheduled, and our office received the affidavit yesterday (11/24/08) as you know per our conversation, I sent you an original, If there is ever any doubt that you won't receive the affidavit in time for a scheduled meeting, you can always drive over to NON and pickup the affidavit the day after the ad runs, This has had to be done before for LDC Meetings, It will never be here in time for Novas, but you can always present the affidavit at the meeting. Thanks, Martha Vergara Deputy Clerk - BMR From: HigginsStephen [mailto:StephenHiggins@colliergov.net] Sent: Tuesday, November 25, 2008 1:25 PM To: rpaganes@comcast.net Cc: Martha S. Vergara; Puig, Judy; WilliamsSteven Subject: AVESMT-2007-AR-12316 Mr, Paganes; This email is to inform you that your item, referenced in the subject line above, to be presented to the Collier County Board of Commissioners at their December 2, 2008 regular meeting has been rescheduled for the December 16, 2008 meeting due to a delay in receiving the affidavit of required legal advertising by the required cutoff date for the December 2, meeting. If you have any questions, piease feel free to contact me at the number below, Thank You, Stephen A. Higgins III, P.S.M, Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 11/25/2008 Page 3 of3 Fax: 239-252-6476 SteDhenHigg ins@colUergov,net l!?,iR "'. 11/25/2008 ~v~j;o l-f#2:/2Id1 \<-DvAilt . --.~.... ' -- .......... - __ _... c_ C.....,III...... Of ~oIl1Or __ -Will hold a public hearing on 'Tuesday, Oe~emtiet 16,-2008 In the -...... = 1Ilooi', -~~!lInD, Col. 110<": ..t'8i'nltPt~.-_. -T~ Trllll, '_TIlt_WIII 11I.._ A.M,TIui "'h~_ '1$1$101. lows: '. " -I " -'. " A AESOLUllONOFTHE 'Of: ZOAPPlAl..5 Of COUNTY.-_' fOR THE ESTAlI. TFA W " SY F L "1"ZO"IG C,_ N. 2.03.o.u.l~C.oF :Q01, __ OPMEHT CODE 101-. -mSEC- TlON 11, _.. T, CPl. LIlA COIlIIJY; l'C0l!IIIA, . , PetItion CU'~7'l'12Q. D@~ct:C, EIi1'~IlPR I~, LLC, __ Tim _AI!'!...'" OlIvlc!. lIon;a--na. II _I U'" fora-l'1iJwH- _ -In ,0)': " dlt. trlet... __ - _ ,'.naPe' >lIlCodlt,{~) ~TI1' .,(". .73_..._ I 'ilia' 19" e:SI._5~..~~1. __--,~,Ranoe KifAoM. c..~<:oonty,. ,. / NOT~ Ail. _ wIoII "!1......... item must- 'wftb" ,'AOUiWltrmot _to '" '~'''!>ead' !!.~.b ~'" !>e, to 5 ........."".~.~. ."'.......' ,. -... '\If on .""Dr<> .. - flII;!JIIiOd CIlaJr;'a:~. . r::::~;;~ ....y lie ~ _~lOhaVe :".""ndodlt~. _....;e~ "lobo '. - be ~tothe am Of__ Ine. 'AII_ _ In ItOaI'dwm~_~ j:IIlft otthe record. ~Yller."" ... ~"'des Jlo ....., a decls;on of tllf,BOeI'Cf!l__-' d .,re"401 tht proCeedings Inlng '_ tMrt.f8re' may need to . ~ lhlIl a Y fl::'l'roootd Of iht cr_ln.lf. mG." wlJJch' I'fcord In~Jud" ~ ,testlltJony and .--....li!<I_.._ """.~t.' ." !.""'& ~d.'""~ 'with a d_.. "!Y- Who.....' any .In m. to _..... In lIHI pro. . ~ are, IntIUed, .. no cost to YOU; to the ':of ctII'taII:l.,"'nce. PIiue' ,con1act the <;O!IW cqF_ 1oIa_'n! "-rtm..., located !ot.' 01 rAmla. ml 'rran lA,t~ Bult(UngW, NQles. rl , U1lE1 ,', ,W.aaao;AsiIiNc:llls. . terilng devices for ,'" . ,,', _~.,. avail- al>It~.li!<I~''''j'"""",:"" I 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 (0 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 17A ~. Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the . . h . I' # I h h #4 I h h kl' d f, d t S F'I (I' #5) exception of the Chairman's signature, draw a lme trough routmg mes t roug , complete t e c ec 1St, an orwar o ue 1 son me Route to Addressee(s) Office Initials Date (List in routing order) 1. ~ ~\)~t~"-.l\ S'TQ~i.\: I ~hqlbf .J U D\..A 'p u \l~~ Orf) 2. \ VU 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 Contact Agenda Date Item was A proved by the BCC Type of Document Attached ~E." t. ~.; GG III b.Q.u.",\Iu( \ Li RtSo Phone Number Z 51.... - CO 5 0;- l,A 3 Number of Original Documents Attached Yes (Initial) N/A (Not A plicable) Agenda Item Number 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 possibly 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 negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature 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 Bce office within 24 hours of BeC 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! The document was approved by the BCC on ~)lI oS( (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. ~ ~'Pr 2. 3. 4. 5. 6. ~ N/A is not an option for line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Martha S. Vergara 17 A From: Sent: To: Subject: Teresa L. Polaski Wednesday, September 02,200912:55 PM Martha S. Vergara FW: AVESMT-2007-AR-12316, Gordon River Lane Recording It Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Polaski@collierclerk.com) en [ma ilto :StephenH iggins@colliergov.net] r 02, 2009 12:54 PM 131-138327-649030 ('cm-dint S~ Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen H iqqins@collierqov.net From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Wednesday, September 02, 2009 12:49 PM To: HigginsStephen Subject: RE: AVESMT-2007-AR-12316, Gordon River Lane Do you happen to have a recording number? Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 17A From: HigginsStephen [mailto:StephenHiggins@colliergov.net] Sent: Wednesday, September 02, 2009 12:35 PM To: Teresa L. Polaski Cc: Wiley, Robert Subject: RE: AVESMT-2007-AR-12316, Gordon River Lane Hi Teresa; This project has been finalized and can now be recorded. If you have any questions, please give me a call. Thank you Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen Hiqqins@collierqov.net From: Teresa L. Polaski [mailto:Teresa,Polaski@collierclerk,com] Sent: Monday, February 02,20097:57 AM To: HigginsStephen Subject: RE: AVESMT-2007-AR-12316, Gordon River Lane Ok, Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) From: HigginsStephen [mailto:StephenHiggins@colliergov.net] Sent: Monday, February 02,20096:36 AM To: Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316, Gordon River Lane Hi Teresa; 2 The applicant needs to get a modification to the South Fiorida Water Management District and construct a storm ~7 A facility on this property. This could take a few months to complete. I will let you know as soon as I here it has been completed and accepted. Thanks Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen Hiqqins@collierqov.net From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Thursday, January 29, 2009 8:35 AM To: HigginsStephen Subject: AVESMT-2007-AR-12316, Gordon River Lane Hi Stephen, I got this document from Martha, she said she was waiting to record it. You had told her to wait on recording it until you got back to her. I just wanted to check in and see what's going on with it. It was Item #17 A from the December 16, 2008 BCC meeting. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. . 3 A VESMT -2007 -AR-12316, Gordon River Lane Page 1 of 1 17 A Teresa L. Polaski From: HigginsStephen [StephenHiggins@colliergov.net] Sent: Monday, February 02,20096:36 AM To: Teresa L. Polaski Subject: RE: AVESMT-2007-AR-12316, Gordon River Lane Hi Teresa; The applicant needs to get a modification to the South Florida Water Management District and construct a storm water facility on this property. This could take a few months to complete. I will let you know as soon as I here it has been completed and accepted. Thanks Stephen A. Higgins III, P .S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 $twhenHiggi~ollierg9v .oet From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Sent: Thursday, January 29, 2009 8:35 AM To: HigginsStephen Subject: AVESMT-2007-AR-12316, Gordon River Lane Hi Stephen, I got this document from Martha, she said she was waiting to record it. You had told her to wait on recording it until you got back to her. I just wanted to check in and see what's going on with it. It was Item #17 A from the December 16, 2008 BCC meeting. Teresa L. Polaski. BAAR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/212009 Page 1 of 1 17A j 'I Martha S. Vergara From: HigginsStephen [StephenHiggins@colliergov.net] Sent: Tuesday, December 23,20089:37 AM To: Martha S. Vergara Cc: Wiley, Robert; rpaganes@comcast.net Subject: RE: Agenda Item #17 A from the December 16, 2008 BCC Meeting Martha; Once the construction is complete, the applicant will contact Robert Wiley for an inspection. If accepted we can record the Resolution exhibits and easement. It is my understanding that we no longer need the DR-219, if so, we can record the easement at the same time as the Resolution. I was going to have the applicant record the easement, but, if the Dr-219 is not needed then we should record. I will contact you when Robert has accepted the construction. Thanks Stephen A.Higgins Ill, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 $temb.!;l.oHigg.imt@gQlIl~I99'y'.neJ From: Martha S. Vergara [mailto:Martha.vergara@collierclerk.com] Sent: Monday, December 22,20083:18 PM To: HigginsStephen subject: Agenda Item #17A from the December 16, 2008 BCC Meeting Stephen, Do you need the Easement to be recorded after the Resolution and exhibit? And I will need a recording string to record the certified Resolution and exhibit. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 12/23/2008 17A RESOLUTION NO. 08- 372 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR-12316, 1999 GORDON RIVER LANE, TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT AND TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR OF LOT 1, NATURE POINT, AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Richard Paganes has requested the vacation of the County's interest in that portion of a 25 foot wide drainage along the rear of Lot 1, Nature Point, as filed in Plat Book 20, pages 20-22 of the Public Records of Collier County, Florida situated in Section 35, Township 49 South, Range 25 East, that portion of the drainage easement to be vacated being more specifically depicted and described in Exhibit 'A'; and " WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication a replacement drainage easement area, attached hereto and also depicted in Exhibit "A", in the place of the vacated easement area; and WHEREAS, the construction of the alternate replacement easement with required equivalent water quality treatment area must be completed and accepted by County staff prior to the recording of this Resolution; and WHEREAS, the Board has this day held a public hearing to consider petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in that portion of the 25 foot wide drainage easement as specifically depicted and described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. ::000::02 mo~men Or-O-j wCG)O;o wmI;o-l>- O1;o-jOW g:0f11~~ 0..... 00 C""'CO-...J z;oc:;,-I>- -joi\30 -<00;0 0/\0 co-l>- r 1\)-1>- m ..00 ;0 ....00 /\ w "U o "UG) T1 S:I\) -j "U.... I )>01 m G)"-' o m _ en ;0 -I>- o c =i o o c ;0 -j BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the BOdl ~ 7 A. is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida at that time the requirements of this Resolution are fulfilled, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution ado~after motion, second and majority vote favoring same, this \lD~ day of MDt I ,2008. BOARD OF COUNTY COLLIER COUNTY, FLORIDA Approved as t form and legal sufficiency: BY:~ .w Steven T. Willia s '51~ Assistant Collie County Attorney WilsOnMiller@ ,... New Directions In Planning, Design & Engineering AVESMT-2007-AR-12316 REV: 2 1999 GORDON RIVER LANE Pn)ject:2007090022 Date: 12119/07 DUE: 1/4108 Description of Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida. (part of Drainage Easement to be Vacated) 1 7 A i ~:.,f. All that art of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, of t e Public Records of Collier County, Florida, being more particularly described as fo lows: COMMENCIN at the Northwest corner of said Lot 1; Thence along t e west boundary line of said Lot 1, South 26000'09" West 27.80 feet to an intersection ith the South line of a 25 foot wide Drainage Easement; Thence along s id South line, South 89055'25" East 8.20 feet to the POINT OF BEGINNING; Thence leaving aid line, North 26011 '37" East 13.83 feet; Thence South 83050'41" East 44.18 feet; Thence South 4 041 '24" East 4.48 feet; Thence South 2 019'41" West 5.06 feet to a Point on the South line of a 25 foot Drainage Ease ent; Thence along s id South line, North 89055'25" West 51.15 feet to the POINT OF BEGINNING of he easement herein described. Containing 0.01 acres or 495.66 square feet, more or less. Subject to ease ents and restrictions of record. Bearings are ba ed on the Westerly Right-of-way line of Outrigger Lane, Tract "E" of Nature Pointe, s recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, lorida, being North 00053'25" East. .' Wltgo'nM:!~e4J~. ..,:' ,',,:/ ::~~._,,;:,;, ~t>'\ .. '" ~ r ~ ~ W.O.: Ref.: Date: 12113/2007-196579 VOl: 01!- MBerman =7-OOQ.OO1--0 Naples/Corporate ffice 3200 Bailey Lane, Suite 200 . Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5716 wilsonmiller.com .800.649.4336 a a " S '" C) <: lJ) r- '" ~ ~ .2: ~ <.n a 0> 0> g ~% ~~ 4: en ;-;' c: :-;1 S ~f _~ Nl 8fA t' !2 g"'d ~~ si ir;!:j :-i~~~ rg~~E 3-fE~~ :!J" ...E =. ~ '" if g~ -~ ;g- :; ~.~ 1 :! ~i ~ =! 9 =~ ~ ~lr >- ~~ ~ 2:: II ~ ~ " 1 o a a 1 o o ~ ~ ,,,, 1) ~!;~Q ~~.: ." ~~ f OJ ~"e2 . :u::a<:: sa"1 2 ~ ~~ ~ ~ ~ ; ~ ri1 (J) ~ ~ ~ ~ -< 1 .,., () lJ) o o I\)~ <:)1\ I.. ~ o .., iT; r o CD o o ^ " ;'! '" ~ () 0 .., ;0 l> :r ~ iT; M () M r V) .... () ." 0 !l) $ " .... :< ,.., ,.., ~ ;0 0 '" 0 () (Xl ;0 ;!' 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N gj E ~ ~~ ::! z o m '" " m 0:;: .... IJ.A Instrument Pr pared By: John Paulich I I, Esq. Paulich, Slack Wolff, P.A. 5147 Castello Naples, Florid 239-261-0544 INSTR 4337875 OR 4488 PG 2156 RECORDED 9/3/20092:13 PM PAGES 5 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $44.00 CONS $0.00 EASEMENT RAINAGE EASEMENT, is granted and conveyed thil~~" day of July, 2008, by RIC RD C. PAGANES and CHRISTINE PAGANES, husband and wife, Grantor, to COLLIER C UNTY, A POLITICAL SUBDIVIDION OF THE STATE OF FLORIDA, its successors and signs, and NATURE POINTE HOMEOWNERS ASSOCIATION, INC., a Florida not-for profit corporation, GRANTEE. SSETH: That the Grantor for and in consideration of the sum often dollars er valuable consideration paid by Grantee, receipt of which by is hereby acknowledged y Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive drainage easement in, on, over and under the following scribed lands located in Collier County, Florida, to wit: S e attached Exhibit "A," which is incorporated herein by reference. Grante Nature Pointe Homeowners Association, Inc., its heirs, successors or assigns shall bear the r sponsibility for maintaining the easement property, including, but not limited to, regular mai tenance as may be required by any governmental agency havingjurisdiction relative thereto Grantee Collier County shall have no responsibility for maintenance of the easement prop rty. TO H VE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with t e right and privilege to enter upon said land to repair and/or otherwise maintain the easement a ea. Grantor and Grantee are used for singular or plural, as the context allows. IN WI ESS WHEREOF, the Grantor has caused these presents to be executed the ar rst above written. ~cZ~ RICHARD C. PAGANES '\ ~ &~ CHRISTINE PAGA S 17A STATE OF FL RIDA COUNTY OF OLLIER The fo going instrument was acknowledge before me this --dJ. day of ~ VIA l" -\- , 2008, by Rich d C. Paganes and Christine Paganes, husba and wife, who [ ] ~y known to me 0 [~have produced Drivers Licenses as i ntification L..... . .. If.... "'-01111, .DD_ Acceptance by Grantee: Nature Pointe omeowners Ass~cia;1n, I c. I~ BY://'tt.- g~~( 'David Bratt, its Vice President STATE OF FL RIDA COUNTY OF OLLIER The fo egoing instrument was acknowledge before me this -'3- day of A-rLI?ils r 2008, by Davi Bratt, as Vice President of Nature Pointe Homeowners Association, Int. a Florida not-for profit corporation, who !Xl are personally known to me or JX'] have produced Drivers Licens s as identification I ' ,II ............ UINDQAI81' __..-.c....-.orA .,............ at,_ Printed Name 17A ",_\.\\.~.j . Fii of _ ' A'I.nST:', '~., ....-" FJWIGHT.E. B OeK;Ci~rk , ~If" " ~ ;", -';f . i.. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIRMAN Approved as to form and Legal sufficien y: . 'U . Assistant Coun Attorney 171\ "" WilsOnMiller~ ,... New Directions In Planning, Design & Engineering -- ....... . AVESMT-2007-AR-12316 REV: 2 1999 GORDON RIVER LANE Pn)ject:2007090022 Date: 12119/07 DUE: 1/4108 Description of Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida. (part of Drainage Easement to be Vacated) All th t Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, 0 the Public Records of Collier County, Florida, being more particularly described as ollows: COMMENCI G at the Northwest corner of said Lot 1; Thence along the west boundary line of said Lot 1, South 26000'09" West 27.80 feet to an intersectio with the South line of a 25 foot wide Drainage Easement; Thence along said South line, South 89055'25" East 8.20 feet to the POINT OF BEGINNING; Thence leavi g said line, North 26011'37" East 13.83 feet; Thence Sout 83050'41" East 44.18 feet; Thence Sout 45041'24" East 4.48 feet; Thence Sout 24019'41" West 5.06 feet to a Point on the South line of a 25 foot Drainage Eas ment; Thence along said South line, North 89055'25" West 51.15 feet to the POINT OF BEGINNING f the easement herein described. Containing O. 1 acres or 495.66 square feet, more or less. Subject to ea ements and restrictions of record. Bearings are ased on the Westerly Right-of-way line of Outrigger Lane, Tract "E" of Nature Pointe as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County Florida, being North 00053'25" East. .., "" ." ~ ~ " .. . . w(lg6nM:!~e4_I:c~. '. ~, . f: . ~-',~ _ .,...... . ~ --,:;t~ an; Professional Surveyor & Mapper ion No. 5086 embossed with the professional's seal. W.O.: N0427 -000-001-GCSOO Ref.: G-780 Date: ovember 12, 2007 EX H \ \? \T "A' I of '2- 12/1312007- 196579 VM': 01L MBem1art ~-:;::~7-OOQ.OO1--0 Naples/Corpora e Office 3200 Bailey Lane, Suite 200 . Naples, Floflda 34105 .239.649.4040 . Fax 239.643.5716 wilsonmiller.com . 800.649.4336 rn r I. OJ <: '" .. " - " I -t 8 '" I '" '" r. I " () Vl ~ '" '" ~ <;: 0 "i\ N ('J c;) I ()j 0 .., ("l ;;; :I: r 1'1 '" () " <Xl 1'1 0 0 0 <Xl " "- ~ ~ C) I ~ '" ~ '" 1 ." C) I '" <: '- '" Cll 1 '" '" ~ '" " ~ ill 5i r ~ .~ " Vl ~ Vl '" 01 '" i .z ~t i:- en ,~ ~ ~~ ~ gl z! i." .: ,,~ j', gz ~iF.~J .u ~'" i~~al "I~,J no; '" l~i't.. g~ 9~ :I ~~ 1 :! !i !i .., 9 :0 ~ g~ ; -r !'Z ,=- c;t ~ 0 ..., ;0 l; ~ ;;; '" r U1 .... Cl '" ~ 3: 1'1 ~ ~ !" ("l ;0 :I: " "- () ;0 '" '" ("l :I: q "- .Jl ~ 0 ~ ,,'Y [----~~--~~;n----~8 ~ <,' ,--CAso./Dvr ro~ ~ -s"--------______.J.~ VAGoIl'O ~: 25' DRAINAGE --------------' EASEMENT ~ il:o (JI(...1I'\J-~ '= '= c: r-- r- r- r- r r- r- r- r- IZ- N_olD03-....1Q')(Jl.UN....fT1 '" ",Vi ...", ~() a> z'" II ~ " ~'6 ~~ ~ ,,\:) 2l &~ ,... OlOt ~ >(,.,~ ","in 'OJ:!" ~/(!l")' ,.,~' . Cl~ "," '" I ~ ~ Ol TRACT . C. DRAINAGE: EASEMENT PLAT 800K 20, PAGES 20-22 g~~ -I '" '" ~ '" '" ... ....""""""i!:' i.o9PP6 cooao_ .. 0 0 a c .. . 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M '" t ~ :I: n~ g II 5' G; ~ '" , ~ ... ~ !-o " a. .... ~ g ~ '" '" ~ ~ OJ1~ '1l ~~~Q Sli8._ ." o~ IJJ ~",i 0 ,<" <:! c: ~~ill~ ~:::~~ ~?~ -<; l:j Vl ~ ~ -<; 17 A \ "- ~ '" ",~ \ ...c ~r;:; \ 52~ \ "'"" II ~t ",Ol", ~5~ 'VI ... \ \ +r:: ---.. ........ c: "! ::! ... ~ ~ tJ) ~ ~ .... c: ::! ..... ~ il:o !a '" i ... '" ~ ~ tJ) ~ ~ 25' DRAINAGE EASEMENT Q~~ -i TRACT . c" DRAINAGE eASEMENT PLAT 800K 20, PAGES 20-22 9..:i! ~~ ~ () OJ i~li ~~ _c4' ~i ~ ~r ~~ a ~- ;;: ::J ;:~~~ ~ ::l ~~ a ~ ,," a: ~ ~ a [~ " ~~l.~ il ~'i ~ ~ ~~. ~ . . ~S~X ~ H- '" f~ ~~ as .., ~~ g , ~! II ~ l> - " ~t 1 <:: ~ &. ~~s ~~ ~ :I' ~I~, [i!. oQ' q: '" ~ , ~ 21 ,," ~~ a a ~ 3 ~ ~~ 8g> " ~ [/ B~ .Q~ :::- ~. g ~ <5 " S l: g <: ~a- " "< ~w ~~ ;;: a ... ~I ~~ 3.. ~ ... " " ~ ~I ~ "'VI Q,~ a ;;: Ol 1 < 1 I ,~~ ~;;: ,.5. ~. ... <>> ~ ~ w ~I .. ~~ ;' ~ a !il ~9.. !l. ~ ~ ~,... a"2 a ~I ~ a. ~ ~ ~' ~I b'- " ~ a ~I S a " ~ ~ ~ !l. ~I ~i 0 !l. ~l 6'2' 5- ~I a:~ :!. ~ <>>1 ~~ g. ;' a a: ;; ~ a ~ 1;0 '" ~ ::rl ~ ~. ~ ii"l ~ ~ " a I ~ !l. -I ' ",I '" a < I <a < 1 . ~ ~i2 ~ ~ I" a ;; ti;g "'Sl 'i!~ "'<::I lll", ~~ ~ O!ill ~~ ,,'" ~~ ~~ VI", O"tJ~l> ~a:g< ~ 'ii' CD m ~~2s: -N;.o";"i ggc~ ...00 ~Z';" gg2:1~ m N<' ., N~E !::e: r~ .... :to'" :::! z o m '" ;n ,~ ,; ~ .< 17 :~ .I" .' III This Instrument Prepared By: John Paulich Ill, Esq. Paulich, Slack & Wolff, P.A. 5147 Castello Drive Naples, FL. 34103 INSTR 4347322 OR 4496 PG 2022 RECORDED 10/2/2009 1:10 PM PAGES 6 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUli COURT DOC@.70 $0.70 REC $52.50 CONS $0 00 This Easement Vacation and Maintenance Agreement is entered into this 1. ~ ~day of July, 2008 by RICHARD C. P AGANES and CHRISTINE P AGANES, husband and wife (hereinaj[ter "Paganes") and COLLIER COUNTY, a Political Subdivision of the State of Florida, its successors and assigns, (hereinafter "Collier County"): EASEMENT VACATION AND MAINTENANCE AGREEMENT WHEREAS, Paganes is the owner of the following described real property located in Collier County, Florida: Nature Pointe, in accordance with and subject to the plat recorded in Plat Book 20, Page 20, Public Records of Collier County, Florida (hereinafter "Property"); and WHEREAS, the Property is subject to a Drainage Easement located on the North 25 fed of the property (hereinafter "Drainage Easement"); and WHEREAS, a portion of the improvement located on the Property (hereinafter "Encroaching Improvement") encroaches into the Drainage Easement as shown on the survey attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, Paganes has requested and Collier County has agreed to vacation of the Drainage Easement limited to that portion ofthe Property shown as the Encroaching Improvement; and WHEREAS, in consideration for the vacation of the Drainage Easement, Paganes has agreed to certain maintenance and fmancial responsibilities. NOW, THEREFORE, in consideration of the covenants expressed herein, the parties agree as follows: 1. That portion of the Drainage Easement described in Exhibit "A" hereto is hereby vacated. 2. Paganes acknowledges that the Encroaching Improvement is immediately aqjacent to a functioning Drainage Easement that incorporates a part of the Primary Drainage System, namely a portion of the Golden Gate Main Canal, and that the Encroaching Improvement may impede land based maintenance of the canal in the future. 3. Paganes acknowledges and agrees that Collier County, or any agency 01' party 17A' I working in coordination with Collier County, shall not be responsible for any damage to the Encroaching Improvement resulting from the use of the unvacated portion of the Drainage Easement for its intended purposes. 4. Paganes, or its successors and assigns, shall be responsible for maintaining any portion of the canal that Collier County is unable to maintain as a result of the vacation of the Drainage Easement. 5. Paganes, or its successors and assigns, shall be responsible for any damages caused by the inability of Collier County to maintain the canal, and any damages caused by the failure of Paganes, or its successors and assigns, to maintain any portion of the canal that is inaccessible to Collier County due to the location of the Encroaching Improvement. Responsibility for damages shall include, but shall not be limited to, fmancial damages associated with upstream flooding or impassibility due to shoaling, vegetation or debris buildup and storm damage; and that are directly attributable to inaccessibility for maintenance equipment due to the location of the Encroaching Improvement. 6. The covenants contained in this Agreement shall run with the land. TNESS WHEREOF, the parties have caused these presents to be executed the date and ove . tten. -K~~Z l~ RICHARD C. P AGANES'\ ~~r ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 011 day of fL YLllOX+ , 2008 by RICHARD C. P AGNffiS and CHRISTINE P AGANES, husband and w~e personally known to me or (~ have provided Drivers Licens identification. tJ1k Seal \ 17 A t GOVERNMENT TY COMMISSIONERS Witness Signature By: As: Witness Printed Name Witness Signature ATTEST: _'\.!\~ f~S . ~i' DWIGHT E:~, ct.. ~~~': ....., C;:"}. " Witness Printed Name );\. ) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of 2008 by -' as on behalf of the COLLIER COUNTY GOVERNMENT BOARD OF coUNTY COMMISSIONS, who ( ) is personally known to me or ( ) has provided Drivers License as identification. Notary Public My Commission Expires: Seal ~ NEW DIRECTIONS IN PLANNING, DESIGN !it ENGINEERING. SINCE 1956. 17A r I ! i I WllsqnAfiller@ All that Part of Lot 1, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, of the Public Records of Collier County, Florida, being more particularly described as follows: Description of Part of Lot 1, Nature pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida. (Drainage Easement) COMMENCING at the Northeast corner of said Lot 1; Thence along the east boundary line of said Lot 1, South 38000'00" West 101.29 feet; Thence leaving said line North 52000'00" West 13.69 feet to the POINT OF BEGINNING of the easement herein described; Thence South 35042'00" West 58.93 feet to a point of curvature; Thence southerly, westerly, northerly and northeasterly, 12.51 feet along the arc of a circular curve concave to the northeast, having a radius of 3_98 feet, through a central angle of 180000'000 and being subtended by a chord which bears North 54018'000 West 7.96 feet; Thence North 35042'00. East 58.93 feet; Thence North 44034'48" West 2.15 feet; Thence North 45025'02" East 27.14 feet; Thence North 14027'12" West 21.94 feet to a point on the south line of a 25 foot Drainage Easement located in Lot 1 of said Nature Point; Thence along the south line of said 25 foot drainage Easement South 89"55'25" East 10.33 feet; Thence leaving said line South 14027'12" East 25.11 feet; Thence South 45025'02" West 31.56 feet to the POINT OF BEGINNING of the easement herein described. Containing 0.02 acres or 1024.49 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the Westerly Right-of-way line of Outrigger Lane, Tract "E" of Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida, being North 00053'250 East. WilsonMiller, Inc. ~h42 (3ph-<, Ma s L. Berman, Professional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the professional's seal. W.O.: N0427-000-001-GCSOO Ref.: 2G-780 Date: December 13, 2007 Rev: April 16. 2008 AVESMT-2007-AR-12316 REV: 4 1999 GORDON RIVER LANE Project: 2007090022 Date: 9/3/08 DUE: 9/17/08 4116/200&-181604 Vor. 01!-__ ~.(ioIIp9I'Bte Office 3200 Bailey Lane Suite 200 Naples, Florida 34105 8OO.649A336 239.649.4040 F 239.643.5716 WllsonMIIIer.com ::"'J n ,-, ~:J :;v ;to- rT1 I ;0 f11 fT1 () ,_.. r'l ;to- r" VJ -.oj o ~ =:) 0 ~ ~ wr"8-s:~-< o 0 25 I ~ (1"), ~.. ......, :..~, ...., -0' C! ;t> AJ (;') r'l r'l ::? (") I (,") rT] ! ""'I ('" ,~ ~0 "-, r,o 1 J.::r. Cl I '''' GJ ~ GJ (X) I (", Ii:] .> ~ :;0 C) c::: V) r-. CO "l :;0 ~ .?l: lJ Vi ~ lJ1 o OJ 0) Co> N o o tI:lz ~~ ~if en ~.., c:: " 0 :<l ~;l ;j g> II: -< ~'... 0 liS Pl l:l t"'" Co f'J >- ~2 ~~ ;." C":z !' 1l;z ~ t"l!;l !l~~>Y' f~oCf.)~~ " =z ~g~~E - -MZ 5l..~a!:l -a:<l :l:l ....... 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"v '^ a c:' 5::J", <: ~~ ,-<0 ~Ol "v El I 0) -l>. ~ 51 :;i ~ ~ t') ~ o f]) '" ~:;)- Cl..~ ;)'Cb "tl :!2~ ~~ OJ3 g 1t '" o "v 5::J~ "tl c: o ::J IQ2- Cb,< ~V) 1 c: ~< ~,,~ ~~ ~r- '" ~ ~- 5 ~ s:~ o ::!Jc: o '" ~Cb Sl 1) o 5' Cb d;)l :l;):lJ :t~ 1'1i8:J ~'!1 <:0 :B~ .... o ~ 2222 t)() ~~ EgEg ~~ ~~ ~~ <.tiv) 0'1)->>):- ~a~<: Cll ..... <.0 m ..Cll CJ> <.O(')e;):=o -.:;0 0 ==- ~N:::o-;-i oOON CXlO 0 '-.100 gz~ 00;;0)> Co-;;o mN<:' Nm.... ;;o~ r->> )>0> Z m ;;0 m <: .t>. <D -. ->> "'<J -. o CXl COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1711r~ To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ************************************************************************"**************************** Petition No. (If none, give brief description): CU.2007~AR~12619, KO.V.A.C. Date:y Originating DeptJ Div: CDES./Zonine Person: John~Oavid Moss, Alep Petitioner: (Name & Address): Davidson Engineering, Inc., Tim Hancock, AICP, 2154 Tradecenter Way, Suite 3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) K.O.V.AC. Enterprises, Inc., 1392 Frank Whiteman Blvd., Naples, FL 34103 Hearing before Bee BZA Other Requested Hearing date: December 16.2008 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: (lnc1ude legal description & common location & Size: Petition: CU.2007.AR-126 19, K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsection 2.03,04.c.16.Thc +1. 3.73.acre subject property is located at 1995 Elsa Street, Section II, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number: 068779 No If Yes, what account should be charged for advertising costs: Rcviewed by: ~^ . \ t' l-.-. .. ^....IJ~-rv\. ::::.~ Dfvision Administrator or Designee ~J List Attachments: DISTRIBUTION .INSTRUCTIONS A. For hearings before BCe 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. ***********ww*****************************************w********************************************** FOR CLERK'S OFFICE USE ONLY: I Date Received: ~ Date of Public hearing: ~ IltJ I fl6 Date Advertised: M 0," \ \ Teresa L. Polaski From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Wednesday, November 19, 2008 2:17 PM To: Minutes and Records Subject: Advertising for GU-2007-AR-12619 Attachments: GU-2007-AR-12619 Legal Ad.pdf; GU-2007-AR-12619 Resolution.pdf Here is the last ad for the December 16th BCC meeting. Heather L. Ramirez PlatlJ) ing ']'CChJl1Ciall & LlI1d Development ReVll'W -63(;6 CrlEl1 j: j-lea th erH~l1nlrcz((J)c{J Iii ergo\' ,llet 11/19/2008 Page 1 of 1 17S RESOLUTION NO, 08-__ 118 .w A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR TIlE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2,03,04.A.1.c, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION II, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a refuse system facility within an Industrial "I" Zoning District pursuant to Suhsection 2.03.04,A.I.c. of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting ofuJe Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection IO,08,OO,D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that Page I of2 J1E Petition Number CU-2007-AR-12619 filed by Tim Hancock, AICP of Davidson Engineering, representing K,Q,V,A,C, Enterprises LLC, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2,03,04.A.J.c, of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit (~D", Exhibits "B'\ "C" and "D" are attached hereto and incorporated herein by reference, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, This Resolution adopted after motion, second, and super-majority vote, this _ day of ,2008, ATTEST: Dwight E. Brock, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney @ Exhibits attached: A, B, C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions CP:08.CPS-00777\Reso Page 2 of2 J1B FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03,03.C,5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No . B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exhibit A .... . ttt OR: i '1 PG: 1062*tt Lot 1.3, J " C IHDUSTR.IJ.L pAlX. oa-n unrecorded plAt, .ore particularly daacribad .. follov't J , C INDUSTKIAL PARK P'u'T OF TIll WW 1/4 or SECTION 11, TOWNSHIP"" SOUTH. RANGE 25 EAST COLLUR. ccxarrr. FLQR.1D11. PAACn. 1U ~cing' .t th. N.at 1/4 carner of section 11, 'l'oWalhi.p ., touth. Range 25 ....e. CoUier cowsty. FlorLd.Il.: 'l'b~ aloag tha -...t an.d Noat 1/4 l:b,. of .dd section 11, .. .,u.voyecl. N "-30'40" E, "Z.70 t..t to the c.nterline of . roadl Th.ne~ along .aid centerline, " Q-31'(2- W, S80.'1 teet Cor a PLACE or BlGllOlING : ~c. contiQu1ng along the l..t described cour... ~oo.OO t..t; Thena. N "-2"1.. I, "G~') f ~!q:RC~ Tb4Qc. . 0-2.'11- B. ~OO.O ~~ ()~ 'T1wlQce 8 .'-21'1,.- Nt .n,. '" 0 ~.~c. at B.giQn~ng. being part of the lIot:t.,..,. If. of ..id Se ~~~ll Tovawhip ., louth. Rong. 25 "..t. h~-~~ Flori"" ~' ~~CCCIDtrW~ do ~~.UO \(+ \., ,.., " _," V P.;:>'..., /:\"" '--...!lfu~@;~/ Exhibit B J: B'll'il -I II' ,I < ~ lilJ III HIt' !' ! :- ~ _ m~_ !f ii}l,___ nn' ni Ii .t -- > ir.::tt:::'........:k::b~:l..'.},,:. .m! !lll., V3"V30V>lOLS .m.... ........ ' ;~Il \ .:1 i I : :: I I "I' , I 11" 11 I : fS I I Ill: , I I: , I I~I! 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Z~=* .:gg o~~g cnfi ~ g Clt Iii'; _~N)- ?:x: w~ ......oZCl. Cl:6 ~ ~ W~ 'z~ ~ ",' o. -~~ "0; ,. 0..:.. ~ g ~ ~~ ~o;'!" ,,~ ~.~ ~Em ~ gZ > d " IliB DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOY AC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc" dated February 12, 200S, as revised through October 23, 200S. 2. No structures, including the existing structures, shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff, An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed, 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries, In order to reduce the impact on adjacent properties, this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations, 4. To minimize the effect of noise and windborne dust on the commercial business to the south. the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6. The maximum height of material piles shall be limited to 40 feet. 7, To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be provided along the site's southern and southwestern boundaries at the interface of abutting uses, Where this buffer overlaps the .37 acre preserve, Type B minimum plantings shall be maintained at all times within the buffer area. The balance of the created preserve shall consist of approved native mid-story and canopy species to achieve the desired buffering for properties to the south, S, The first ISO feet of the site's entrance drive shall be paved as part of the first development order, This entrance shall also have a gate, which shall be locked outside of business hours, Exhibit D Page I of I Martha S. Vergara 171'0.... - t'rUt't' From: RamirezHeather [HeatherRamirez@colliergov,net] Sent: Thursday, November 20,2008 11 :04 AM To: Minutes and Records Subject: RE: Advertising for December 16th Bee Yes sorry. I usually put it 011 there, It is 4500096189. Heather L, Ramirez Plallnill~ -rcchnician {2J9)252-2l)30 From: Martha S. Vergara [mailto:Martha,Vergara@colliercierk,com] On Behalf Of Minutes and Records Sent: Thursday, November 20,200811:04 AM To: RamirezHeather Subject: RE: Advertising for December 16th Bee Hey Heather, Just a question, Do you have the PO # for each of these ads from JD and Kay? I see they put in the dept. # for NDN but I need the PO # that starts with the following example: 45xxxxxxxx Thanks, Martha From: RamirezHeather [mailto:HeatherRamirez@colliergov,net] Sent: Wednesday, November 19, 2008 2:07 PM To: Minutes and Records Subject: Advertising for December 16th Bee I will be sending you 3 ads for the December 16th BCC meeting, The foI1owing petitions are what will be coming to you today by email. I will put the originals in inter-office also, CU-2008-AR-13201, Moraya Bay Facilities PUDA-2008-AR-13494, Kings Lake PUD (DR I) CU-2007-AR-12619, KOY AC Heather L. Ramirez Planning Technici(lfl Zoning & Land l)evcloplllt'llt Review I'll (239)-252-2930 Fax (2\'1)-252-6366 email: lieatllerlbmil.cz@collielgov.net 11/20/2008 178"1 NDN ACCOUNT #068779 November 20, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2007-AR-12619: K.O.V.A.C. Dear Legals: Please advertise the above referenced notice on Sunday, November 30, 2008 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. #4500096189 17iB.' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 16, 2008 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 ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "Iff ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.l.c.OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition CU-2007-AR-12619, K.O.V.A.C. ENTERPRISES, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsection 2.03.04.c.16. The +/- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 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. J7!B 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts '1et;gty-:oft'Qllier CLERK OF THE CIRC~IT COURT COLLIER COUNTY J:OURTHOUSE 3301 TAMIAMI ~IL Eh.,ST PO, BOX 4\3044 . NAPLES, FLORIDA'~~ 1 0 1-3044 I1B. November 20, 2008 ~,.i'i" 1'1:.:\ Clerk of Courts Accountant Auditor Custodian of County Funds K.O.V.A.C. Enterprises, Inc. 1392 Frank Whiteman Blvd. Naples, FL 34103 Re: Petition CU-2007-AR-12619; K.O.V.A.C. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colliercIerk.com Fax (239) 252-2755 Email: colliercIerk@colliercIerk.com November 20, 2008 (~Co~rfy-oleQllier CLERK OF THE ClRCUIT COURT COLLIER COUNTY;tOUR1)-10USE 3301 TAMIAMll'JMIL EAST PO. BOX 41.3044 NAPLES, FLORIDA'1,4101-3Q44 " JI" ,,'~;, 17iB' Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds :.',.,,' Davidson Engineering, Inc. Tim Hancock, AICP 2154 Tradecenter Way Suite 3 Naples, FL 34109 Re: Petition CU-2007-AR-12619; K.O.V.A.C. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Page 1 of 1 Martha S. Vergara 171"'''~'' · Ff\!:~ From: Martha S. Vergara Sent: Thursday, November 20,20083:38 PM To: 'Iegals@naplesnews.com' Attachments: CU-2007-AR-12619.doc; CU-2007 -AR-12619,doc Legal's, Here is 'an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 11/20/2008 Martha S. Ver~ara 1'1111 From: Sent: To: Subject: postmaster@collierclerk.com Thursday, November 20,20083:38 PM Martha S. Vergara Delivery Status Notification (Relay) ATT103335.txt; Untitled Attachment Attachments: ~ :J L21^ i '" / ; '-'" ATT103335,txt Untitled Attachment (231 B) 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 Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Friday, November 21,20088:24 AM To: Martha S, Vergara Subject: RE: ok From: Martha 5, Vergara [mailto:Martha.Vergara@collierclerk,com] Posted At: Thursday, November 20, 2008 3:38 PM Posted To: Legals - NDN Conversation: Subject: Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED, Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 11/21/2008 Page 1 of 1 I'B" 1';,1 r,. ,!'if J7B Bee HEARING AFF ADA VIT eU-2007-AR-12619 KOVAe For Bee Meeting Date: 12/16/08 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 tfl To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) w*****w*w***************************************************w**************************************** Originating Deptl Div: CDES.lZonine: Person: John-David Moss, AICP Dater Petition No, (If none, give brief description): CU-2007-AR-12619, K.O.VAC. Petitioner: (Name & Address): Davidson Engineering, Inc., Tim Hancock, AICP, 2154 Tradecenter Way, Suite 3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) K.O.V.AC Enterprises, Inc., 1392 Frank Whiteman Blvd., Naples, FL 34103 Hearing before Bee aZA Otber Requested Hearing date: Decem her 16. 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only jf important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ClJ-2007-AR-12619. K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, Ale?, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsection 2.03,04.c.16,The +/- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number: 068779 No If Yes, what account should be charged for advertising costs: ~~ Reviewed by: '-"A . I r .l-.-. -- ^... J~-rV\. ~~ Dfvision Administrator or Designee 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 Received: Date of Public hearing: Date Advertised: 178 RESOLUTION NO, 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2,03.04.A,J.c. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION II, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2,03.04.A,J.c. of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10,08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Page I of2 11iB Petition Number CU-2007-AR-l26l9 filed by Tim Hancock, AICP of Davidson Engineering, representing K,O.V,A.C, Enterprises LLC, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "1" Zoning District pursuant to Subsection 2.03.04.A.1.c. of the Collier County Land Development Code. in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the rrllnutes of this Board, This Resolution adopted after motion, second, and super-majority vote, this _ day of ,2008. ATTEST: Dwight E. Brock, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, Chairman , Deputy Clerk Approved as to form and legal sufficiency: @ Heidi Ashton-Cicko Assistant County Attorney Exhibits attached: A, B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions CP:08-CPS-00777'Reso Page 2 of2 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION J,7JB . CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exhibit A ..... . tit OR: 1'1 PG: 1062*tt Lot 141, J , C INDUSTR,IAL PARX. an unrecorded plat. .ore particularly da.cribed a. tollow.: J , C INDUSTitIAL P.ARK PAR." 0' TIll HW 116 OF SECTION 11, TOWtfSHIP 4' SOU'nI, RANGE 25 KAST COLLI"" CO<.IIT\'. FLORIDA PUCILUJ cc-aa.cing .t the We.t 1/4 corner of section 11, 'l'oWWIh1p .., lOUth, Range 25 .....t. ColUer county. Florida: 'f'b~ aloog the ...t and W..t 1/4 line of ..id Section 11, .. .urvey.d, N "-30'40" 2. ,'~.70 t..t to the centerline ot . roadl Tb~c. along said centerline, N Q-31'42- W, 580.61 feet for. PLACE OF BIlIIIlNIIIG , Tbanc. contiQulng .long th. l..t described cour... ~OO.oo t..t: 1'hanc. N "-21'1'- S, "'.12 f ~ !"hence B Q-2.'11'''' 8., 200.0 _\.bR C01~ TbeDce S 89-21'1." W. ,!iI"-, . 0 ..i\.~c. of Begbm.ing, being part of the NortJi'!fCJI Ie of .aid S~~~11 Townahip 49 louth. R.ange 2S kat. !ottle.r county, Florida~' \. h J::::~~-r + ~1~) /".:7/ \ 1" " V,,-!! q./ \{~?l""-~ ~/>;;.,y ~!iJ} cre.0> --::..:.--- Exhibit B h, ."~ ~' _z_____ ~~ >l . :l: ~ ~~ ~z u o ~ ~~ ~ ili 'II ~ f':!f~lh!J:ll!t~J i)Lnn Ii j f" .. - ___-un --,- I !h 'v'3Hv' 38\fC:J01S :' "I Ji!l" , \ ~! -:"1:' - '" ~ I J 3" , ." _,'i ,: .. ~ ; ,_,_~__m!r~, -'I' ~ ~fITl : ~~2 "P' ~~. ~ "'II .-:-./!;...~I:~..'.~ ~~~~ ,',' 11 . ~ffirr]- I B~ 3~~::l <( ",~,.I::' I ~wO ",u.- n I' ~ !l '" -';1 : II' ~, ;. ~ !~ ii; ::Jt-;- ill' ~ - ~<(}I' ill I 5: -!~r~::, i I~ I~<("~ 01>::1 iii"~ 0::::.,'. I", ~ o _ ~I: : ~ " ~ -:' ~i' :.;;~ ~ :,::-:: ::H:' : ~~1O {_,]I: S! -----~ ~~ : ~~ : ~llj : . , - , .1' " 1<1" ." ~~ : >>""1 -4l_~_-=-_ I - ~ 0:1 ~ ~ ---, ";i~ ..< ~~~ ~ I!.' ll' 'E ,,~~ ~ ffi ~~t;; v,~ 2~ z o ~ ~ ;: U .. 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Z~~ _zii'" C)...~ zii:x W~~:l " . Zfl)gg _00 o~~~ U)~~~ Qt:~e >-~~~ ~w. A"'ZIl. """"OO::E C~::co ~~u W61. a~2 ~.;..- co :i e" , L: ~~:~ ''', ~~a [' ta w!!l ~~H' " . u -' -' ffl~ .. .. ii! c~... ,.:t1. ~;1;~ zO:: CI;t..:. !:!~~,,;l!:l dz g~~ Wz~~ ~gZ ,,- '" o '" 1:7B DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOVAC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised through October 23, 2008. 2. No structures, including the existing structures, shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed. 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties, this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. 4. To minimize the effect of noise and windborne dust on the commercial business to the south, the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation, 6. The maximum height of material piles shall be limited to 40 feet. 7. To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be provided along the site's southern and southwestern boundaries at the interface of abutting uses. Where this buffer overlaps the .3 7 acre preserve, Type B minimum plantings shall be maintained at all times within the buffer area. The balance of the created preserve shall consist of approved native mid-story and canopy species to achieve the desired buffering for properties to the south. 8. The first 150 feet of the site's entrance drive shall be paved as part of the first development order. This entrance shall also have a gate, which shall be locked outside of business hours. Exhibit D Naples Daily News Naples, FL 34102 17B Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59544046 4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/30 11/30 AD SPACE: 152.000 INCH ~=~~~_O~~_____==~:~~~~__j1-------------------------+-_______________________ Signature of Affiant .A7A1 ~m !hr~ Sworn to and SUbscri~d before me this 3cc' day of ~n_... kHA 2 0 ~ Personally known by me ~\~~. Q l;L{'i\e.{~ ~ ,,>:;!:, ie':~ <,:.;r~~a~" ., , MCDONALD COi'lmlisl3ion DD 650475 Expire. June 29, 2011 lloodedTIlr'uiroyFainlnsurilllCe8D0-385-7019 1",1 ~:l ,..., o 1\1 . 'Y' (,J [tol ii "" $ <&l \Ill (ll lOll No III () - -- - z - '" 0 - :. ..; ,.. - 0 lJ ,.. m - '" cr:{j 0 :ZHilJ = :. D<--i = J> romC " r:U:{j - .. !'1:tl:>: - III - '-11--1 - Ol'!lO - )\0- "111>t1 = 0 O'iji'l - Q :0 :z - '\I €:1>0 - "' DlJl'1 ;ijlJ:{j - 0 O:u - 0 f'l - III '" ij) U1 - .. ~ I - ,;) OJ - ,.. l> ,.. 171' ;:;1." () () ~ oo8C~ , . Sc '" ~ ~~ 0 ~ ~ ::e" ~ 0 "" +:. rtl "Ii '-i.1 ::;; ()"" := 00;1: t.€j m ~ Z;<'()t"j p) ~ ~. "",,,()- ~ 0 C 'tt/W ~>-n;;;:::J ~ r-. ()O "'""0 -""'" n ::; g ~..... -p) >-1~ W g, 0 $>-1"'!'1 +:.~n ZO '" ' 'd r- <=rm Y' ;;0 >-n() '0 '.0' c: ::z - -' N-< z ... X H P1 Z::;~ po 'E..~O ~"Tl< 1 ~ >- -;;>0;" n : :::E tTl :::~~ ~ _ (1l .., (1l .a g Cl, ;:l ~ CO 5" - - < ;:l 0..(') Ul Ul .... o o ,.. 0 0 (A ,.. 0 hJ "- <0 0 ,~ il~ '- !.....~) (} '- Il> Dwight E. Brock Clerk of Courts ;~nty ,ort:611ier ~. ''''"', \ CLERK OF THE C;IRCtJIT COURT COLLIER COUNTY COUR1\HOUSE 3301 TAMIAMI '~AIL EAST PO, BOX 413044 NAPLES, FLORIDA;~4101-3~44 , _4-.1' 17:;: 'I' 7.." i;id",' , "I . ., Clerk of Courts Accountant Auditor Custodian of County Funds November 20, 2008 ':: K.O.V.A.C. Enterprises, Inc. 1392 Frank Whiteman Blvd. Naples, FL 34103 Re: Petition CU-2007-AR-12619; K.O.V.A.C. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colliercierk.com Fax (239) 252-2755 Email: collierclerk(a)collierclerk.com 178 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 16, 2008 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 ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.l.c.OF THE COLLIER COUNTY L~~ DEVELOPMENT CODE FOR PROPERTY LOCATED, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition CU-2007-AR-12619, K.O.V.A.C. ENTERPRISES, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsection 2.03.04.c.16. The +/- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 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. 1718 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 178 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 rOlv..arded 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 exee tion of the Chairman's si ature, draw a line thrall routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 1 d-\ It:{ 08' PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee 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 BCe 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 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 115 d" if m 115 Yes (Initial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office .~ I: Fonns! County Forms! Bee Porms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Phone Number Agenda Item Number Number of Original 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 frnm 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 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 approved by the BCC on (enter date) and all changes made during the meeting have been incorpora ed i the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2, 3, 4, 5, 6. 17 B~r RESOLUTION NO. 08373 ._ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2,03.04,A,l.c, 16, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION II, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004.41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2,03.04,A,l.c,IG, of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O,08,OO.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Page I of2 178 Petition Number CU-2007-AR-126l9 filed by Tim Hancock, AICP of Davidson Engineering, representing K,O,V,A.C. Enterprises LLC, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2,03,04.A,l.c,16. of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "0", Exhibits "B", "c" and "0" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this /10 '~ay of ])u~~ ,2008. ATTE~T~ ~ii, Dwight E: Bro8k, .Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, LORIDA ~ Attes~ Ii to tJtal If lIIl4t..... !(llft ~ Approved as to form and legal sufficiency: ''.LiCL A {,IrQ Heidi Ashton-Cicko Assistant County Attorney .>..('(-~<. " ,,\" Exhibits attached: A. B. C. 0, Findings of Fact Legal Description Conceptual Site Plan Conditions Item # liB Agenda 1"/" J",'6 Date ~ Page 2 of2 CP:08~CPS-00777\Rcso 17 B ~-' FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-126I9 The foHowing facts are found: 1. Section 2.03.03,C.5 of the Land Development Code authorized the conditional use, 2. Granting the conditional use wiH not adversely affect the public interest and wi1l not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ; Yes ~I No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ,I No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No I' ipulations, (copy attached) be Based on the above findings, this conditional use should, with recommended for approval to the Board of Zoning Appeals, DATE:M- COMMISSIONER: ~(y'L \". \, \ EXHIBIT A 178 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The foUowing facts are found: 1. Section 2.03.03.C,5 of the Land Development Code authorized the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes J No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or Affect mitigated by - - _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: COMMISSIONER: ~,~ EXHIBIT A 1781111 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR ' A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2,03.03.C.S of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affect the public interest and wi1l not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: I Yes \, No B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - _ No affect or L Affect mitigated by pt.C(), ~:; (' Jt,tA. <fA!;;:t _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use lithin district YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: lof,^/of N-I1A. hel<- ) ./ J I r COMMI5::>10NEK: /C~f), I--/o}~ EXHIBIT A 178 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03,03.C.5 ofthe Land Development Code authorized the conditional use. 2. Granting the conditional use wi1l not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by v' S -hrLJ ~\...- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesUNo_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning APpealS" ~ / ". L f r ( ~ DATE: lO- 10 -0<< COMMISSIONER: Vv......... ;Js:C~ Exhibit A 178 ~ . f\:'''. FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2,03.03,C.S of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes I No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 1/ No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~AffectmitigatedbY ~)17;Jtf.I-Al7c)AJ,S _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ItJ//0/~f I I COMMISSIONER: ;J~ n/l- h~4 (?t:2./2~c EXHIBIT A 178' FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2,03.03.C.5 of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ...-/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ C, Affects neighboring properties in relation to noise, glare, economic or odor effects: T No affect or ~ect mitigated by fu-,...n:.LLc! (':(l.CofIh:!1t t..J J f2-tA. &.BJ l.. Affect cannot be mitigated '( I 17 (tcf.5 D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /NO Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. 1''A.f3-M?:,c:R.. DATE: IO/N,j.V f . €8I.llul~c;lur~hK: EXHIBIT A 1 7 B !~, FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-126I9 The following facts are found: 1. Section 2.03.03,C.5 ofthe Land Development Code authorized the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with ~ Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre~ egress YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~ district Yes/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. 0/,,( /<:/7:r, EXHIBIT A <---^ DATE: /tJ/~ 'Or . .t' . ttt OR: I '1 PG: 1062 ttt 781 Lot 1'1. J (, C IlIDOSTRIAL PARlC., an unrecorded plat, .ore particularly da.cribed .. follow.: J , C INDUSTRIAL PARK PIIRT 0' TIll IlIl 1/4 0' SECTION 11, TOWtfSHIP ." SOUTH, RANGB 25 BAST COLLIn COC>>n'\", FLORIDA PARCa.U.3 ~cing at the Ne.t 1'. corner of Section 11, 1'QWn8h1p ., tout.h.. Rang. 25 ...t, C01Uer COWJ,ty. Florida I '!'beDCM alODg the la8t aDd N..t 1'4 lip. ot ..i4 section 11. .. aurvayed, N "-)0'.0- B. "2.70 t..t to the centerline ot . roadl Thence along ..id centerline, H 0-31'.2- N, 580.'1 feet for a PLACB or BEOll8ltNG ; TbaDce contin~lnw along the l..t described cour... 200.00 t..t: Then.. II "'ZI'lI" B, "'.'~Z f ~,:l:-R---"'-" ~C. B 0-24'11- H, ~OO.O e~ ~()r~' '!1Iance a .'-21'1'. W. 9t-. ../' -ni~VI!: c. of Beginning, being put of the llor~~,",~ ~ .aid S~~'P' To.....hip H louth. Range 25 kat./omer County, Florida", '\ .. {,~-~v \ ;'<c/O... ~L { \'..t,V\ !-CJ ,J ." ":--:;li/ '[~.l:<-">______<"~'\~/ '-.?~J1B ('t\<. <.;'?-/ ---_.....:.:~ Exhibit B ,! ! ~1'i ~ ~... ~ ;t,. " ", ". "u l l ,,! 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DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOVAC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised through October 23, 2008, 2. No structures, including the existing structures, shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed, 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties, this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. 4, To minimize the effect of noise and windborne dust on the commercial business to the south, the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6, The maximum height of material piles shall be limited to 40 feet. 7. To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be provided along the site's southern and southwestern boundaries at the interface of abutting uses. Where this buffer overlaps the ,37 acre preserve, Type B minimum plantings shall be maintained at all times within the buffer area, The balance of the created preserve shall consist of approved native mid-story and canopy species to achieve the desired buffering for properties to the south. 8, The first 150 feet of the site's entrance drive shall be paved as part of the first development order. This entrance shall also have a gate, which shall be locked outside of business hours, Exhibit D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Ii' \U 1781_. To: Clerk to the Board: x Normal legal Advertisement (Display Adv., location, etc,) o Other: ********************************************************************************************************** Originating DeptJ Div: OMB Person: John Y onkosky Date: 12/5/08 Petition No. (!fnone, give brief description): Notice of Proposed Amendment to FY09 Adopted Budget 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: XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing at least 2 days before hearing,) Tuesday, December 16, 2008, BCC Regular Meeting Newspaper(s) to be used: (Complete only if important): (To appear in NDN Friday, December 12,2008) X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size): Notice of Public Hearing, Collier County, Florida proposes to amend its Fiscal Year 2008-09 Adopted Budget. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs: 001-101520, --p.O.# 45~<6'1IC; AaDl)It:t;F t6b2>8'f Reviewed by: John Y onkosky (Barbetta) Division Administrator or Designee Date 12/05/08 List Attachments: Notice of Public Hearing DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Administrator. 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 Administrator. The Administrator's office will distribute copies: o County Manager agenda me: to Clerk's Office o Requestiug Division o Original B. Other hearings: lnitiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE QNLY: g Date Received: ldl-5-0 Date of Public hearing: I d -l~ -{)g Date Advertised: la1 d-C)I Advertising for Budget Office Page 1 of 1 Ann P. Jennejohn 170. From: Sent: To: Hutchinson Barbetla (BarbetlaHutch in son@colliergov,net] Friday, December 05, 2008 11 :09 AM Minutes and Records Subject: Advertising for Budget Office Attachments: Budget Amendment Report 11,18,08 (PH),doc; Legal Ad Format.doc Attached is the ad and the request for the "regular legal classified ad" for the budget office, Our account number is "050389" and the purchase order number is "4500098915", I think this is all you need, Thanks!! <<Budget Amendment Report 11,18.08 (PH).doc>> <<Legal Ad Format.doc>> Barbetta Hutchinson Executive Secretary Office of Management and Budget B_<!It&tta H~tc;h inson@c;onl?mo_'L,net 12/8/2008 Page 1 of 1 17D il Ann P. Jennejohn From: HutchinsonBarbetta [BarbettaHutchinson@colliergov.net] Sent: Friday, December 05, 2008 2:36 PM To: Minutes and Records Attachments: Budget Amendment Report 12,16,08 (PH).doc <<Budget Amendment Report 12,16.08 (PH),doc>> Sorry!!!!!!!!!!!!!!!!!!!!!!!!! ! Barbetta Hutchinson Executive Secretary Office of Management and Budget BarbettaHut,,-hjnSon@collieI9o.\w~t 12/8/2008 COUNTY OF COLLIER PUBLIC HEARING NOTICE Public Hearing: Collier County Board of County Commissioners Date: December 16, 2008 Time: 9:00 a.m. or soon thereafter l"ocation: Collier County Government Center. County Commissioner's Boardroom, 3rd Floor, 3301 Tamiami Trail East, Naples, Florida. Notice is hereby given that the Board of County Commissioners ofCa11ier County, Florida l?Di~ OroDOSCS to adont the fol1owinl:!: bud2:et amendments: FUND FUND USE FUND TOTAL SOURCE 00] - General Fund Transfer Fees & Interest $380,227,908.38 111 General Fund MSTD Transfer Landscane Maiot $56,074,575.70 112- Landscape Capital Transfer Landscane $4,327,391.50 ] 17 - Natural Resource Grant Transfer Boater ProiITam $263.480.00 165 Rock Road MSTU CatTY-forward Road Imnrovement $50,800.00 174 - Conservation Collier Land Maint. Transfer Reserves $15,192,221.71 178 - Court IT fee Transfer Reimbursement $1,146,103.37 272 - Conservation Collier Debt Service Transfer Reserves $5,913,200.00 273 Conservation Collier Debt Service Transfer Long Term Debt $379,250.00 355 -- Library Impact Fee Fund Transfer Librarv Materials $8,609,925.00 426 --- CAT Transit Svstem Transfer Gas & ruel $7,837,780.00 This notice is published in accordance with Florida Statutes 129.06; accordingly the publication of such must be accomplished at least 2 days, but not more than 5 days, before the date of the hearing. Ad replacement Page 1 of 1 170 ""II Ann P. Jennejohn From: HutchinsonBarbetta [BarbettaHutchinson@colliergov.net] Sent: Monday, December 08, 2008 9:07 AM To: Ann p, Jennejohn Subject: Ad replacement Attachments: Budget Amendment Report 12.16.08 (PH),doc Here is the revised edition of the ad to be [published on December 12th Thank you for your help! <<Budget Amendment Report 12.16.08 (PH),doc>> Barbetta Hutchinson Executive Secretary Office of Management and Budget Barbetta H utc:;h1nson@colliergQvn€)t 12/8/2008 COUNTY OC COLLIER PUBLIC HEARING NOTICE Public Ilearing: Collier County Board of County Commissioners Date: December 16, 2008 Time: 9:00 a.m. or soon thereafter Location: Collier County Government Center, County Commissioner's Boardroom, yd Floor, 3301 Tamiami Trail East, Naples, Florida. Notice is hereby given that the Board of County Commissioners of Collier County, Florida proposes to adOPt the followinl! budQ:et amendments: FUND FUND USE FUND TOTAL SOURCE 001 General Fund Transfer Fees & Interest 5380,227,90838 III General Fund MSTD Transfer l..andscu....e Maint 556,074,575.70 112 - Landscape Capital Transfer Landscane 54,327.391.50 117 Natural Resource Grant Transfer Boater PrMram 5263.48000 118 Emen.wncy Manal!.ement & Fire Transfer Ochooee Fire Enuin 5603.47600 ]fl5 Rock Road MSTU Cany-forward Road lmnrovement 550,80000 174 - Conservation Collier Land Maint. Transfer Reserves 515,192,22171 171' Court IT fee Transfer Reimbursement 51,146,103.37 272 - Conservation Collier Debt Service -l'ransfer Reserves 55,913,200.00 273 Conservation Collier Debt Service Transfer Lonp- lenn Debt SJ79,25000 355 Librarv Impact fee Fund Transfer Librar ' Materials $8,609,925.00 426 CAT Transit System Transfer Gas & fuel 57,837,780.00 TIllS notICe IS pubhshed 111 accordance with Flonda Statutes 129.06; aCl:ordmgly the publtcatlOn of such mllst be accomplished at least 2 days, but not more than 5 days, before the date of the hearing. 170 " ., 170 I . ACCT #050389 December 8, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PROPOSED AMENDMENTS TO FY09 ADOPTED BUDGET Dear Legals: Please advertise the above referenced notice on Friday, December 12, 2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500098915 Account #050389 I?OI~ Ann P. Jennejohn To: Subject: 'Iegals@naplesnews,com' Proposed Amendment to FY09 Adopted Budget Attachments: Amending FY09 Budget(12-16-08),doc; Amending FY09 12-16-08 (2),doc Good Morning, ~ 1wI~ ~ Please advertise the attached on Friday, December 12th, 2008. Amending FY09 Budget(12-16-0B)", Amending FY09 12.16-08 (2),doc.., This is to be advertised as a legal-classified ad; not as a display ad, Thank you, Ann J ennejohn Clerk to the BCC Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann,jennej ohn@collierclerk.com 1 17D~ Ann P. Jennejohn From: Sent: To: Subject: postmaster@collierclerk,com Monday, December 08, 2008 11 : 15 AM Ann p, Jennejohn Delivery Status Notification (Relay) Attachments: ATT08705,txt; Proposed Amendment to FY09 Adopted Budget I~ l;.:J El ATT08705,lxl (231 Proposed 8) ,ndmenllo FY09 Ac 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 Proposed Amendment to FY09 Adopted Budget Page 1 of 1 Ann P. Jennejohn 17D~~ From: Pagan, Emely [EPagan@Naplesnews,com] Sent: Monday, December 08, 2008 11 :41 AM To: Ann P. Jennejohn Subject: RE: Proposed Amendment to FY09 Adopted Budget ok From: Ann p, Jennejohn [mailto:Ann.Jennejohn@collierclerk,com] Posted At: Monday, December 08,200811:15 AM Posted To: Legals - NDN Conversation: Proposed Amendment to FY09 Adopted Budget Subject: Proposed Amendment to FY09 Adopted Budget Good Morning, Please advertise the attached on Friday, December 12th, 2008. <<Amending FY09 Budget(12-16-08),doc>> <<Amending FY09 12-16-08 (2),doc>> This is to be advertised as a legal-classified ad; not as a display ad, Thank you, Ann J ennejohn Clerk to the BCC Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann,j ennej ohn@collierclerk,com 12/8/2008 O::J~~ ~~a~ (l) - CHI' 3=,-, 00..:::1 CT"""I-'O (l)t'D:1..... ..., lC-~ ~g:~n N~_(1) ::J :J-- (Jll!). ltI a. "0 "0 !).lCe: ,<[TO' U) =- ... o-~ O"e.~ fI) -'".. -tl0 .... O:::J a.. -, t'D 0 =. ....._-J ::::r4.n~ tiH:: () nO(') tlol...JO i-'it3"" Ot:o. -~~ rt-J ......o"n rDtD" ij).~~ ~ (') ~. 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Jennejohn From: Sent: To: Subject: reg istration@kaango,com Friday, December 12, 2008 12:22 PM Ann p, Jennejohn Your Ad is Live Online in the Naples Daily News Market Your ad, COUNIY OF COLLIER PUBLIC HEARING NOTICE Public Hearing: Collier County Board of County Commissioners Date: December 16 2008 Time: 9:00 a,m. or soon thereafter Location: Collier County Government Center County Commissioner's Boardroom 3rd Floor 3301 Tamiami Trail East Naples Florida, Notice is hereby given that the Board of County Commissioners of Collier County Florida proposes to adopt the following budget amendments: FUND FUND SOURCE USE FUND TOTAL OOl-General Fund Transfer Fees & Interest $380,227,908,38111 General Fund MSTD Transfer Landscape Maint $56,074,575,70 112 Landscape Capital Transfer Landscape $4,327,391.50 117 Natural Resource Grant Transfer Boater Program $263,480,00 118 Emergency Monagement & Fire Transfer Ochopee Fire Equip $603,476,00 165 Rock Road MSTU Carry-forward Road Improvement $50,800,00 174 Conservation Collier Land Maint, Transfer Reserves $15,192,221.71178 Court IT Fee Transfer Reimbursement $1,146,103,37 272 Conservation Collie r Debt Service Transfer Reserves $5,913,200.00273 Conservation Collier Debt Service Transfer Long Term Debt $379,250,00 355 Library Impact Fee Fund Transfer Library Materials $8,609,925,00 426 CAT Transit System Transfer Gas & Fuel $7,837,780,00 This notice is published in accordance with Florida Statutes 129,06: accordingly the publication of such must be accomplished at least 2 days but not more thon 5 days before the date of the hearing, December 12 No, 1761249 , in the Naples Daily News has been posted online in our marketplacel You can add more punch to your listing just by logging into your account on our site and editing your ad, You get: 1. A free picture 2. Free unlimited text 3, Free tools to make your ad more complete You can add an unlimited number of additional pictures, boost your ad position for greater visibility and take advantage of special offers, Just follow the instructions below: 1. You may edit your ad by visiting: http://naples,kaango,com/feMyAds 2, You may view your ad now by visiting http://naples,kaango,com/feViewAd/13404092 Thanks for using the Naples Daily News Online Marketl If you need support, please click the "Help" tab in our marketplace, [Do not reply to this email. Your message will not be received] 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original dm:uments should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOT\\larcted 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 excention of the Chairman's signature. draw a line throUl!h routing lines # I throw;>:h #4, cOffinlete 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 R(:e approval. :'-lormally 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 Chaimlan's signature are to be delivered to the Bee office only after the Bce has acted to approve the item) Name of Primary Staff John Yonkosky Phone Number 252-8088 Contact Agenda Date Item was 12/16/08 Agenda Item Number ""'- liD Aooroved bv the BCC Type of Document Resolution 2rff6 /'71tf 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 signedlinitialed 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 Chainnan 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 Chainnan's signature line date has been entered as the date ofBeC 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 your deadlines! The document was approved by the BCC on 12/16/08 and all cbanges 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 Yes Yes I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 08) 7 4 17D ~ ~ A RESOLUTION PURSUANT TO SECTION 129,06(2), FLORIDA STATUTES, AMENDING THE BUDGET FOR THE 2008-09 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which appropriate: unanticipated carry forward, or make transfl:rs from one fund to anotht:r; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for fiscal Year 2008-09 by resolution pursuant to Section 129.06. Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to thc FY 2008-09 Budget described below arc approved and hereby adopted and the FY 2008- 09 Budget is so amended INCREASE (DECREASE) CARRY I'ORWARD BUDGET OR AMENDMENT INTERFUND FUND NUMBERS TRANSFERS 001 09-097 (I III 8/08. I 01) $8,999,784,00 III 09-094 (I III 8/08-1 01) $2,623, I 96,00 1\2 09-098 (I III 8108-1 01) $1.803)91.50 117 09-101 (I IIl8!08.16(2) $20,000,00 118 09-082 (I 01l3/08-16F I) $1,146 165 09-055 (I IIl81l08-16B3) $10,300JIO 174 09-116 (121l6/08.16F4) $750,000 178 09-079 (I IIl8108-16F6) $241,303.37 272 09.115 (121l6/08-16F4) $750,000 273 09- I 05 (I 1/18/08-1 OF) $335,000,00 355 09-099 (I IIl8108-IOI) $273,225,00 426 09.100 (l11l8/08.IOI) $3 11,250.00 $10.314 INCREASE INCREASE INCREASE (DECREASE) (DECREASE) (DECREASE) INTERFUND EXPENDITURE RESERVES TRANSFERS $3.285,52L50 $5.714,262.50 $2,623, I 96.00 $1,803.391.50 $20,000.00 $11,460 $10,30000 $750,000 $241,303.37 $750,000 INCREASE (DECREASE) RECEIPT $44,250 $379,250.00 $273.22500 $31 1,250.00 ....-<'- BE IT FURJHER RES~Vf,D that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes ,".\,jW1 r:r:, of this meetinr"icir'.permancilt~~,ord in.his office. 1;~' _ \:.,~--:.'/,": -'.>., T!!is Re~oiuHo.!1 adci.Pted t-iji.s 16th day' crfDecember, 2008. after motion, second and majority vote. .' -1- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 11;\' \U 17E~. To: Clerk to the Board: Please place the following as a: [8] Normal legal Advertisement (Display Adv" location, etc,) o Other: *****************************************....*******************.*.*********************************.*. * Originating Deptl Div: County Attorney Person: Heidi Ashton-Cicko Date: December 1, 2008 Petition No. (If none, give brief description): amendment to Ordinance No. 87-55, the Imperial Golf Estates zoning ordin ce. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) December 16, 2008 Newspapcr(s) to be used: (Complete ooly if important): Il':I Naples Daily News o Other o Legall y Required Proposed Text: (Include legal description & common location & Size): See draft Ordinance title, attached. Companion petition(s), if any & proposed hearing date: None Purchase Order Number to be charged for advertising costs:#' 4500 J 0 30 5'6 L )2/~/~t Date List Attachments: proposed ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete oue copy and obtain Division Head approval before submitting to County Manager. Note: H legal document is involved, be sure that any necessary legal review, or req st for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribu 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 qL Y.: 'f;' Date Received: I I ~ I : , I I D f'P bl. h . 1W~i n9( ate 0 U Ie eanng: 1 ~i .. I,' V , I Date Advertised: i2J51or. : I 08.0105/3 17E . ORDINANCE NO, 08-_ AN ORDINANCE AMENDING ORDINANCE NO. 87-55, AS AMENDED, IMPERIAL GOLF ESTATES, PHASE V, BY DELETING ITEM "W", CONCERNING AN EMERGENCY ACCESS ROAD VIA EASTWOOD DRIVE, FROM THE AGREEMENT SECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 28,1987, the Board of County Commissioners approved Ordinance No. 87- 55, having the effect of rezoning certain lands now referred to as Imperial Golf Estates, Phase V, with certain stipulations of approval; and WHEREAS, on August 13, 1996, the Board of County Commissioners approved Ordinance No. 96-48, thereby amending the Agreement section of Ordinance No, 87-55; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No. 87-55, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO AGREEMENT, ITEM "W" The section entitled "Agreement" and made a part of Ordinance No. 87-55, is hereby amended by deleting item "W" as indicated by the following: '::. .\R emergeA6) aBeess [Baa is required. East\V8ea Drive shall Be 8slitifl1:l0a ff8111 Palm Ri...er aad iaterueot with EaGt Imperial DFf...e ia Im!,erial Golf Estntes. ThLs \':ill enable the Distriot 10 speea1:lp emorgoAey respsRse times into this area. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effeclive upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of ,2008, A TrEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: TOM HENNING, CHAIRMAN BY: Approved as to form and legal sufficiency: 1 'r L {, wJU Steven T, Williams Assistant County Attomey U8.0105/1 Words underlined are added; Words struek tHrougH are deleted. 17-E'~ NDN Account #068779 December 1, 2008 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending Ordinance 87-55; Imperial Golf Estates Zoning Ord. Dear Legals: Please advertise the above referenced notice on Friday, December 5, 2008 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. # 4500103058 17' E." NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on December 16, 2008 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 AMENDING ORDINANCE NO. 87-55, AS AMENDED, IMPERIAL GOLF ESTATES, PHASE V, BY DELETING ITEM "W", CONCERNING AN EMERGENCY ACCESS ROAD VIA EASTWOOD DRIVE, FROM THE AGREEMENT SECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard, file with the Clerk to the All interested parties are 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. 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 assisitance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. l?P' E( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Page I of 1 17 E ,...., 4.1 Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 01,20083:15 PM To: 'Iegals@naplesnews.com' Subject: Ordinance Amending Ordinance 87-55 (Imperial Golf Estates) Attachments: Ord,Amending Ord, 87-55 (Imperial Golf Estates),doc; Ord, Amend. Ord, 87-55 (Imperial Golf Estates),doc Legal's, Here is an Ad to be placed, PLEASE SEND AN OK WHEN RECEIVED, Martha Vergara Deputy Clerk II - BMR 252-7240 12/1/2008 Martha S. Vergara 'I" E 1~~tl From: Sent: To: Subject: postmaster@collierclerk,com Monday, December 01,20083:15 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT179307.txt; Ordinance Amending Ordinance 87-55 (Imperial Golf Estates) '01 G:..J ~ ATT179307.txt (231 B) Ordinance lending Ordinance E 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 Martha S. Vergara From: Sent To: Subject Attachments: !il UA5BO.jpg (75 KB) Thank you for Date Publication Account Number Ad Number Total Ad Cost 17 f f;"! Pagan, Emely [EPagan@Naplesnews,com] Tuesday, December 02, 2008 10:33 AM Martha S, Vergara Ad Confirmation UASBO,jpg placing your ad. 12/02/08 NDN 744102 1759409 $390,38 t7f .... Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews,com] Sent: Monday, December 01, 20084:43 PM To: Martha S, Vergara Subject: RE: Ordinance Amending Ordinance 87-55 (Imperial Golf Estates) OK From: Martha 5, Vergara [mailto:Martha.Vergara@colliercierk,com] Posted At: Monday, December 01,20083:15 PM Posted To: Legals - NDN Conversation: Ordinance Amending Ordinance 87-55 (Imperial Golf Estates) Subject: Ordinance Amending Ordinance 87-55 (Imperial Golf Estates) Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED, Martha Vergara Deputy Clerk II - BMR 252-7240 12/1/2008 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 he serves 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 on December 5, 2008 1 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties ofFJorida, each day and has been entered as second class mail matter at the post olTicc in Naples, in said Collier County, Florida, for a period of J year next preceding the first publication oflhe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pU(1;e ;r;;;, ( Signature of affiant) , / .4"~~ =~~~~~g/!~~f~~ ..~ - .', '0 ~".!>.",v,-~~ -'1'';';7'~0':':: "',lIf..t~"., T7E .,10'...1AICIS ... rv.... ~...--- ~"ll'f;T'NT TO CONSIDER ORDINANc(t ;a~~~~_ o~nlY" Qov.rnm<<~:"3iOi~t rail, ~' Ftorldi, tM'tNrd of County oners . _, CQ_er the' tn~of a rdtnanj'," ":mtetlng wllf_~~e at The tf;,( the proposed,~nance is as rl~.~:-~rgp~QH4A::.ir""fo~= I ~beh~-"'" ... i ~W;...e:.~~~n\: =,<In~ =1 =,p~n.~~~u...., ..I onlll!lfJttn\, .._ot".lndlW ~~~ ~";;~"~~"";~='$ ~";.'l8r..r;.:'liiiOli:;:=,-n m..'41 ~~~'"'l"IOha~I=.~,:,,'1i ~_ d...... lamfi'llm~of3W~prrorto ~m"'l ~ '.i::_b~~~ ~ "d' u"lIt"".n PrelentiItlol"lS -before the _..r, ,'. .... , .~menent~o'tMrecdrd. ~~~w1't'~~JI'.\\""tI,: ~~'lnao;i =\'lA1 1"'41~ thirelO~,.T"Y. roen'l made :WhId1<rtioO:3 ,~.....u,...~lnQSls evl~~_~hld1th.~is~:~nY ,and, ~~:~~~dl=l~jF.olon=s=1 .":l'i.. . 1~I$.Ii."'\IIl>"~ ,ou;I~1ho1 Nn l71tCW\Q!I' l?E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Pliot on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed mUling slip and original documents are to be forwarded to the Board Office- only!!f1!a: the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chainnan's signature, draw a line throu17h routinp lines #1 throul>h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (Ust in routinR: OftW:.i 1. ---------- 2, -- ---------~ 3, "-..:...------- 4, ~ 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executi ve summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the Item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Agenda Item Number JSJ.-'i$<too 17E:. / Yes (Initial) N/A(Not A licable) Phone Number n (Jet!-. I (p ) J fJD '? QrdlfJW7CL Number of Original Documents Attached (f' 0/ I: Fonns/ County Fonns/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 05-CQA-O 1253/681 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 signedlinitialed 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 indudes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages Ii-om contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) AU handwritten strike-through and revisions have been initialed by the County Attorney's Office and aU 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), Ihe original document and this routing slip should be provided to Sue Filson in tbe BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding H;Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on IJ Il.. 1) (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, MEMORANDUM Date: January 5, 2009 To: Jeff Wright, Asst. County Attorney Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2008-66 Enclosed please find a copy of the document, as referenced above (Agenda Item #1017E) adopted by the Board of County Commissioners on Tuesday, December 16, 2008. The Minutes & Records Department has retained the original document for the official records of the Board. If you have any questions, please call 252-8411. Thank you Enclosure l?E MEMORANDUM Date: January 5, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2008-66 Attached, please find one (1) copy of the document referenced above (Agenda Item #17E), as approved by the Board of County Commissioners on Thursday December 16, 2008. If you should have any questions, please call me at 252-8411. Thank you. Enclosure l?E .~ l? t. ORDINANCE NO. 08-~ AN ORDINANCE AMENDING ORDINANCE NO. 87-55, AS AMENDED, IMPERIAL GOLF ESTATES, PHASE V, BY DELETING ITEM "W", CONCERNING AN EMERGENCY ACCESS ROAD VIA EASTWOOD DRIVE, FROM THE AGREEMENT SECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 28, 1987, the Board of County Commissioners approved Ordinance No, 87- 55, having the effect of rezoning certain lands now referred to as Imperial Golf Estates, Phase V, with certain stipulations of approval; and WHEREAS, on August 13, 1996, the Board of County Commissioners approved Ordinance No. 96-48, thereby amending the Agreement sectIOn of Ordinance No, 87-55; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No, 87-55, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO AGREEMENT, ITEM "W" The section entitled "Agreement" and made a part of Ordinance No, 87-55, is hereby amended by deleting item "W" as indicated by the following: W. }&H emergsR6Y aeeess read is r0E}Hirea. East-seed OriY8 sRall ae eeRtiHli0cl from Palm River RIUI iHterseet Vi itA East lmflerial OTiTIS iR Im130rial Gelf Estates. Tkis will efla13le Ihe Distfiet Ie sl'eea "I' emergeHey resl'8Ase times inte this area, SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this i(..tl-,day of Of.t.e,tn'rHI ,2008. ,,":I'!, AT1;Eh: '... DWIGHT E:13ROCK Clerk BOARD OF COUNT COLLIER C NT ~~ , .~II,I" Approved as to form and legal sufficiency: 1 'r L (, wJL! Steven T. Williams Assistant County Attorney 08.0105/1 Words underlined are added; Words strHel: tlifSUgl1 are deleted. 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 2008-66 Which was adopted by the Board of County Commissioners on the 16th day of December, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of December, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bpa'pjl'l9f County Commi~~ioners . , :<'\\~ \' J ~ .,{'),~':~tl..~ ~,.' y: Teresa pMaski, ,,' . Deputy Cle'tk:' .